January 11, 2023
Delta 8

Is Delta-8 Legal in Louisiana?

Disclaimer: Nothing in this post should be construed as medical or legal advice. Especially if you’re already taking prescription medication, see your doctor before you start something new, even if it’s all-natural.

If you’re wondering whether delta-8 products are legal in Louisiana, I have some great news! The answer is yes: hemp-derived delta-8 THC is legal in The Pelican State. Home of the New Orleans Jazz Festival, Mardi Gras, and some of the best food in the world—you can get delta-8 THC here in Louisiana now, too!

Here are the basics we’ll cover in this post:

  • As long as it’s sourced from federally compliant industrial hemp plants with less than 0.3% THC, delta-8 THC is legal in Louisiana. You’ll usually find it in edibles such as gummies and tinctures, because delta-8 inhalables such as flower and vapes are still illegal.
  • The possession, use, production, distribution, sale of hemp-derived delta-8 products is legal in Louisiana.
  • You can buy delta-8 products at physical retail stores or order online in Louisiana.
  • Hemp-derived CBD is available federally and throughout the state. Other THC isomers such as delta-10 are also permitted.

What Is Delta-8 THC?

The Cannabis sativa plant naturally produces a number of cannabinoids, including delta-8 tetrahydrocannabinol (THC). Delta-8 THC is structurally similar to the tried and true delta-9 THC, the most abundant cannabinoid in the cannabis plant that causes happiness, euphoria, symptom relief, and “high” feelings.

Delta-8 is an isomer of delta-9 THC, meaning it produces fewer classic cannabis side effects and mild psychoactive effects. Delta-8 and delta-9 THC are not that different, but when most people mention cannabis, they mean hemp-derived delta-9 THC.

However, only trace amounts of delta-8 THC exist in the cannabis or hemp plant, so most manufacturers convert CBD to delta-8-THC using an organic solvent, such as heptane or toluene, and one of a few catalytic acids.

Is Delta-8 THC Legal in Louisiana?

Yes, since 2019 when Louisiana House Bill 491 which legalized hemp was passed, delta-8 THC products have been legal under Louisiana state law. This bill means the possession, use, distribution, sale, production, and purchasing of hemp and hemp-derived delta-8 are all legal.

Louisiana state law is exactly in line with federal law detailed in the 2018 Agriculture Improvement Act (Farm Bill). After the Farm Bill, Louisiana enacted House Bill 491. Both make all cannabinoids, flavonoids, terpenes, derivatives, isomers, and salts from hemp plants legal in Louisiana.

For hemp-derived delta-8 THC to be legal, the source hemp plants must contain no more than 0.3% THC limit based on their dry weight. If the plants contain over 0.3% THC, they are considered illegal controlled substances by state and federal governments.

What About Medical Marijuana?

Yes. Medical marijuana has been legal in Louisiana in some way since 1991 when Act No. 874 was passed. That law included only the qualifying conditions quadriplegia, cancer, and glaucoma. Since that time, Louisiana’s medical marijuana program has expanded significantly.

State lawmakers passed three significant medical marijuana laws during the coronavirus pandemic. House Bill 211 protects medical practitioners and financial institutions; House Bill 418 protects hospitals; and House Bill 819 allows medical doctors to prescribe medical marijuana to patients with all debilitating or chronic conditions. And in 2021, House Bill 391 made smokable cannabis flower legal for medical marijuana patients.

What About Recreational Cannabis?

No. Under Louisiana state law recreational marijuana is not legal. However, House Bill 652 decriminalized simple possession of small quantities of marijuana in mid-2021.

What Types of Delta-8 Products are Legal in Louisiana?

The range of delta-8 products that exist on the market includes delta-8 THC gummies, vape carts, concentrates, and pre-rolls. Their THC content varies, although most high quality brands will provide those details via third-party lab testing.

Remember, like other natural supplements, delta-8 THC products are not regulated by the US Food and Drug Administration (FDA). Become a label reader!

In Louisiana in particular, you can buy third-party tested delta-8 products derived only from federally compliant hemp plants with less than 0.3% THC on a dry weight basis. Inhaled products like delta-8 vapes and flower products remain illegal under Louisiana state law.

What About Delta-10 THC? Is It Legal in Louisiana?

Yes. Like delta-8, delta-10, THC-O, and other hemp-derived delta-9 THC isomers are legal in Louisiana. This means possession, use, distribution, sale, production, and purchase of delta-10 is allowed under state law.

Where to Buy Delta-8 THC Products in Louisiana?

You can buy delta-8 THC from online retailers and in stores and dispensaries all across Louisiana. As always, we recommend purchasing consumable hemp products from online vendors. These vendors tend to have higher quality, more rigorous standards, and the best delta products overall.

Is CBD Legal in Louisiana?

Yes. As long as it’s derived from Farm Bill compliant hemp plants, which contain no more than 0.3% THC, use, possession, sale, distribution, and production of cannabidiol or CBD products is legal under Louisiana state law.

This means the CBD products are allowed in Louisiana just as they are under federal law. The dry weight basis means that products made from CBD like delta-8 gummies can contain more than 3% THC; it’s the THC in the starting hemp plant that matters.

However, the Department of Health in Louisiana prohibits CBD in foods, alcoholic beverages, and inhalable CBD products, including CBD vape juice and CBD hemp flower. CBD capsules, oils, softgels, and topicals are legal.

Final Thoughts: The Future for Delta-8 THC in Louisiana

Thankfully, delta-8 THC remains legal in Louisiana under state law. In some states, especially those with powerful cannabis and hemp industries like Colorado, the law has been changed to crack down on delta-8 and other cannabinoids (to favor more traditional cannabis products).

But for now, order with confidence and enjoy!