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Is CBD oil legal In Louisiana?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Louisiana CBD laws
  4. Where to buy CBD in Louisiana
  5. How to read CBD labels and packaging

Yes, you can purchase hemp-derived cannabidiol (CBD) oil and other CBD products in Louisiana. In 2019, state lawmakers passed legislation that clearly defines and establishes a new legal framework for CBD and CBD products. Prior to the measure, the CBD market in Louisiana was almost entirely unregulated.

Under the state’s new law, hemp-derived CBD oil and a number of other CBD products are legal. However, there are also a number of new restrictions on the types of CBD products that are permitted. Additionally, there are still key pieces of Louisiana’s CBD laws that are being formulated. As these laws take shape, expect to see more changes to how Louisiana governs and regulates CBD.

What is CBD?

The cannabis plant naturally produces more than 400 chemical compounds, at least 60 of which are cannabinoid compounds. Cannabinoids interact with the human body’s endocannabinoid system to produce a broad range of physical and psychoactive effects.

CBD is the second-most-prevalent cannabinoid found in the cannabis plant behind THC. Generally speaking, THC produces marijuana’s intoxicating effects, while CBD is non-intoxicating and is thought to be responsible for a wide range of the plant’s therapeutic and medicinal qualities.

To date, researchers have identified a number of potential health benefits linked to CBD, including anti-inflammatory, analgesic, anti-anxiety, and anti-seizure properties. Further, the chemical has shown promise in treating numerous health conditions, including epilepsy and other seizure disorders; mood disorders such as depression, anxiety, and psychosis; as well as pain relief.

As research remains ongoing, there is a growing body of evidence pointing to CBD’s potential efficacy in medical applications and as a health supplement.

Why is CBD sometimes illegal?

Even though hemp strains don’t produce enough THC to cause intoxication, all types of cannabis, including hemp, were considered illegal under the 1970 Federal Controlled Substances Act. The legislation swept all cannabis into Schedule 1, which defined cannabis as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction.

The 2018 Farm Bill legalized hemp cultivation and created a pathway to remove some cannabis from Schedule 1 status by creating a legal threshold between hemp and marijuana. Hemp is cannabis that contains less than 0.3% THC by weight, while marijuana is cannabis that contains more than 0.3% THC. Hemp-derived CBD was thus descheduled by the bill, but CBD that is derived from the marijuana plant is still considered federally illegal because marijuana is categorized as a Schedule 1 substance. While hemp is now considered an agricultural commodity, it still must be produced and sold under regulations that implement the bill. The United States Department of Agriculture (USDA) has yet to create these regulations.

CBD oil usually comes with a dropper to allow consumers and patients to measure out their dose. Photo by: Gina Coleman/Weedmaps

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The Farm Bill also granted the U.S. Food and Drug Administration (FDA) with authority to regulate CBD’s labeling, therapeutic claims, and its use as a food additive. Despite the passage of the 2018 Farm Bill, the FDA has taken the stance that even hemp-derived CBD may not be added to food and beverages, nor marketed as dietary supplements. While the FDA has begun a process of re-evaluating its stance, it has yet to revise its rules or specifically regulate CBD products, leading to further confusion. The FDA has been strict when it comes to health claims and content that could be construed as medical advice about CBD.

The federal legislation thus still highly regulates the production and sale of hemp, and its cannabinoids, including CBD. The Farm Bill also provides that states may regulate and even prohibit CBD cultivation and commerce. In addition, states may attempt to regulate CBD food, beverage, dietary supplement, and cosmetic products, independently of the FDA finalizing its views on such products.

Louisiana CBD laws

In June 2019, Democratic Gov. John Bel Edwards signed HB 491 into law. This is arguably the most important law related to CBD oil and other CBD products in Louisiana, as it explicitly defines and legalizes CBD in the state. It also lays out whether certain CBD products are allowed in the state, and outlines a number of regulations related to cultivation, production, labeling, distribution, and retail.

Prior to the passage of HB 491, Louisiana’s CBD market was wide open. Without clear legal definitions or any established framework in place, it was very easy to purchase a wide range of CBD products.

That began to change in early 2019, when the Louisiana Board of Pharmacy and the Louisiana Office of Alcohol and Tobacco Control (ATC) started notifying businesses selling CBD that what they were doing was illegal. According to these agencies, it was illegal to sell CBD in Louisiana because the state did not make any distinction between marijuana and hemp. Before HB 491 was passed, Louisiana law enforcement simply lumped all forms of the cannabis plant together as a single illegal substance.

At the time, this put Louisiana at odds with the federal law established by the 2018 Farm Bill. HB 491 was passed in order to address this discrepancy.. For the most part, this bill brought Louisiana state law into alignment with federal rules. The most important rules established in HB 491 include:

  • Hemp plants with less than 0.3% THC are legal in Louisiana.
  • Products derived from legal hemp plants are also legal in the state. That includes CBD oil and other hemp CBD products.
  • The bill puts the bulk of the state’s CBD industry under the jurisdiction of the Louisiana Office of Alcohol and Tobacco Control (ATC).
  • The ATC now oversees CBD in much the same way it manages alcohol and tobacco sales in the state.
  • To sell hemp-derived CBD products, a retailer must first be licensed by the ATC.
  • Cultivators and producers must meet new labeling requirements, geared primarily toward providing proof that the products have been tested for allowable levels of THC.

Louisiana CBD possession limits

There are no limits on how much hemp-derived CBD a person can possess in Louisiana. However, there are a number of restrictions on the types of CBD products that can legally be sold and purchased. Louisiana’s rules conform to rules established by the FDA. It is currently illegal to sell the following types of CBD:

  • Inhalable CBD.
  • Food products that contain CBD.
  • Alcoholic beverages that contain CBD.
  • Any CBD used as a food additive.
  • CBD marketed as a dietary supplement.

Where to buy CBD in Louisiana

Prior to the passage of HB 491, CBD products were widely available throughout the state. Now, retailers are required to get a license from the ATC. As a result, there are fewer places selling CBD products — especially if businesses have to wait for applications to be processed. In the weeks after the measure was passed, the ATC reportedly received more than 500 applications for retail permits. The agency began issuing permits in late June 2019.

Currently, CBD oil and other CBD products can be purchased online or at state-licensed retailers including liquor stores, gas stations, convenience stores, health food stores, restaurants, cafes, coffee shops, and CBD-specific retailers.

When it comes to online sales, CBD is most frequently found on brand-specific websites. You can also find verified CBD brands on Weedmaps.

Reputable brands should provide important product details including what form the CBD is in (i.e., oil, capsules, topicals, tincture, etc.), how much CBD the product contains, and what other ingredients are in the product.

When purchasing from a retailer, especially if it’s a CBD specialist, you can typically get in-person help and expertise from an employee. Explain what you’re looking for and why you are consuming CBD and they can point you in the right direction.

A bottle of CBD oil. Photo by: Gina Coleman/Weedmaps

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How to read CBD labels and packaging

Under current Louisiana laws, CBD product labels must include a disclaimer that the product has not been approved by the FDA and a scannable barcode linking the product to its certificate of analysis showing that it does not contain more than 0.3% THC. Additionally, CBD products cannot be labeled as a dietary supplement.

In addition to the above labeling requirements, most reputable CBD producers will typically include the following information:

  • Amount of active CBD per serving.
  • Supplement Fact panel, including other ingredients.
  • Net weight.
  • Manufacturer or distributor name.
  • Suggested use.
  • Full spectrum, broad spectrum, or isolate.
  • Batch or date code.

One of the most important things to pay attention to is whether a CBD product is “full spectrum,” “broad spectrum,” or “isolate.”

Full spectrum means that the CBD has been extracted from a hemp plant along with all other chemicals in the plant, including terpenes and trace amounts of THC. Consuming full-spectrum CBD may yield better results thanks to the entourage effect, a phenomenon in which the entire mixture of cannabinoids and terpenes work together and complement one another inside the body.

Broad spectrum means that the product contains CBD and terpenes, but has undergone additional processes to strip out any THC.

Finally, CBD isolate is a product that has gone through more intensive processing to remove everything except for CBD. Consuming isolate may produce different effects than full-spectrum or broad-spectrum CBD, as these products do not produce the entourage effect.

Is CBD oil legal In Louisiana? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Louisiana CBD laws Where

CBD Oil in Louisiana: Updated Legal Status and Where to Buy

Disclaimer: All of the information in this guide is based on our own research into the topic. We have done our best to use accurate and up-to-date information from respected and credible resources. However, we cannot claim to be a legal authority, and none of the following information should be taken as legal advice.

CBD Oil

CBD Gummies

CBD Cream

CBD Capsules

A Guide to CBD Oil in Louisiana

  • Louisiana has a very progressive CBD policy.
  • The state has a comprehensive program in place to aid farmers and protect consumers.
  • Everyone must obtain a license, including hemp growers, transporters, processors and CBD retailers.
  • Hemp and CBD products are legal if they contain no more than 0.3 percent THC.
  • Retailers all over the state sell CBD, and you can purchase it online as well.

Is CBD Oil Legal in Louisiana?

The CBD market has been growing at an astounding pace. CBD, which was on the Federal Drug Enforcement Agency’s list of controlled substances only a few years ago, has become an industry projected to be worth $20 billion or more by 2024.

Consumers all over the U.S. are enjoying CBD products. They are adding CBD oils to their food and beverages, rubbing CBD salves onto sore muscles and even giving CBD to their pets. A product so popular has to be completely legal, right?

The answer is not so simple, which is likely why you’re reading this article. The Farm Bills that passed in 2014 and 2018 were supposed to clarify the country’s relationship with hemp, and the difference between the innocuous plant and the more intoxicating THC.

Unfortunately, not all parts of the government seemed to be prepared to enact and enforce regulations related to the resulting products, and the confusion between federal laws and state laws will likely not be sorted out anytime soon. In this article, we will do our best to clarify CBD laws in Louisiana.

Are There CBD Laws in Louisiana?

Louisiana is one of the few states that has addressed CBD and its popularity, meeting it with a comprehensive package of laws and consumer protections.

The Sugar State has a hemp-growing program approved through the FDA, and it requires that processors and sellers acquire licensing through the Louisiana Department of Public Health and the Louisiana Office of Alcohol and Tobacco Control, respectively.

CBD products are sold all over the state, but there are a few standard limitations. Smokable CBD is prohibited, as are foods infused with CBD. In line with the federal government’s definition of hemp, CBD may not contain more than 0.3 percent THC.

CBD in Louisiana: Understanding Different Types of CBD Products

CBD Oil

When you want to try something basic, CBD oil is where it’s at. This is the original format of ingestible CBD on the market, and it is among the most popular products today. It is versatile, in that it can be taken straight or added to foods and beverages, and you can find it in multiple dosing options.

Penguin offers three concentrations and four flavors plus natural, giving you plenty of options for a tailored CBD experience.

CBD Oil

Our CBD oil is made with the best Oregon grown hemp. Comes in mint, citrus, natural, strawberry and cookies & cream flavors.

CBD Capsules

The great thing about CBD is that there is certainly an option to fit your lifestyle, whether you are crazy busy or super chill. It is easy to get started taking CBD, regardless of preferences. For people who want a convenient option for travel, or anyone who is unsure about CBD, our 10mg CBD capsules are an excellent choice.

CBD Capsules

Convenient, discreet and travel-ready, our CBD capsules can be taken anywhere with ease. Each capsule contains 10mg of our broad-spectrum hemp extract suspended in MCT oil.

CBD Gummies

If you’re unsure about taking CBD oils and capsules sound boring, CBD gummies may be the solution you are looking for. Penguin CBD has some of the best gummies around. Our sweet and tangy sugar coating will wake up your taste buds, and 10mg of CBD in each one means you can eat one or several to satisfy your craving.

CBD Gummies

Made with the purest CBD isolate, our CBD gummy worms are a treat for your taste buds. Every container contains 30 individual worms, with each one packing 10mg of CBD.

CBD Cream

People enjoy using Penguin’s CBD cream on a daily basis to moisturize their skin and give themselves a rejuvenated glow. You’ll feel as beautiful as you look when you use our peppermint-and-lavender-infused CBD cream to soften and smooth your skin.

CBD Cream

Our CBD cream is a luxurious cream that’s silky smooth and cooling upon contact. Its terpene rich formula is designed to be absorbed quickly.

Industrial Hemp in Louisiana

The Farm Act of 2018 opened the door for states to develop their own commercial hemp-growing programs with approval from the USDA. Prior to that, Louisiana conducted a research pilot program in conjunction with Louisiana State University and Southern University in order to investigate best practices for growing in the state.

Legislators used the information they garnered to come up with a robust commercial program that provides clear guidelines for everyone in the hemp industry, from seeds to sale. The first official license was granted in February of this year, and it is exciting to see what the 2020 growing season holds.

Everyone who handles hemp must get a license to do so, and they are subject to random testing and inspections. Some may feel this is too restrictive, but the oversight is necessary to protect consumers from disreputable activity. Hemp is a sensitive plant, and poor handling and testing can lead to dangerous products.

The hemp grown in Louisiana is produced under the watchful eye of agricultural experts, and the state is hoping to benefit from its comprehensive program. Growers anticipate that the crop will boost agriculture in the state, and many are looking forward to new jobs being created.

Can I Buy CBD Online in Louisiana?

Buying CBD

If you want to purchase CBD in Louisiana, you can find it just about anywhere. This does not mean that you should buy it from just anywhere, though. You need to keep quality issues in mind, because even though Louisiana has state protections in place, enforcement is another story.

If you are going to purchase CBD from a brick-and-mortar shop, you should probably stick to a specialty store where the staff is at least minimally knowledgeable.

Buying your CBD online is not only perfectly legal in Louisiana; it is advisable for now. You can use websites to research your products to make sure they are good quality and that they come from a reputable company.

When you buy online, you have unlimited resources so you can make informed decisions and have your CBD delivered right to your door.

CBD Oil in Louisiana

While the state has put consumer protections in place, the program is fairly new and it will take some time to see how things play out. Those who sell CBD must register and obtain a license, but it will be up to agents of the Alcohol and Tobacco Control department to enforce the rules.

Meanwhile, there are shady companies selling CBD in every state that have no regard for quality or even safety. They may use hemp that was improperly grown or sprayed with chemicals. Some are deceptive with their packaging and lie about the contents. Others are simply negligent and do not invest in third-party testing to confirm potency and purity.

Penguin

Penguin will always be there if you are unsure of which products to buy. We have put together a team of experts across a diverse range of fields to bring you the highest-quality products possible. Our mission is to bring you affordable, accessible products you can feel confident about.

That’s why our hemp is naturally grown right here in the United States, and we use simple extraction processes that minimize our carbon footprint and make no use of solvents or additives. The resulting CBD is some of the purest and most dependable on the market.

Final Thoughts About CBD in Louisiana

CBD is an exciting new market in the United States, but it is mired in confusion while states and the federal government figure out the best way to regulate products and enforce that regulation enough to protect consumers.

The challenge is for consumers to educate themselves enough to understand the laws and protect themselves.

Louisiana is leading the country in adopting programs that keep tabs on growers, processors and sellers, while giving consumers access to safe and legal products. The majority of the legislation, however, is in its infancy, so consumers still need to be careful about the products they consume.

For now, you can join the thousands of people who are trying CBD with confidence, as long as you do your homework about the products you are purchasing. One of the most important things you can look for is a certificate of analysis confirming that a third-party lab has tested your products, verifying purity and potency.

When you want to find a product that is no fuss and easy to trust, visit Penguin’s website for CBD that reviewers and customers both love!

Looking to buy CBD oil in Louisiana? Here are the current legal regulations you should know.