Is Delta-8 THC Legal in Louisiana?

By | Updated on April 14, 2023

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Inhalable delta-8 THC products (vapes and flower) are banned in Louisiana, while consumable products are limited to no more than 8 mg THC per serving and 1% total THC. Here’s a closer look at how delta 8 is regulated in Louisiana.


Delta-8 THC is partially legal in Louisiana. Inhalable products are banned and consumable products are limited to 8 mg THC per serving and 1% total THC. You also have to be 21 to buy delta 8.

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Louisiana Delta-8 THC Laws

Louisiana passed HB640 in August 2021, which defines consumable hemp products as:

“Consumable hemp product”  means any product derived from industrial hemp that contains any cannabinoid, including cannabidiol, and is intended for consumption or topical use.

Louisiana HB640

This bill kept delta-8 legal with some limitations:

  • Hemp products can’t be sold for inhalation
  • Hemp products can’t contain more than 1% total THC
  • Hemp products must be registered with the state 

Unfortunately, in June 2022, Louisiana passed a new bill (HB 758) that severely limits the THC content of consumable hemp products:

(6)(a) For consumable hemp products, a product shall not exceed a total delta-9 THC concentration of more than 0.3 percent or a total THC concentration of more than one percent. The total THC in a product shall not exceed eight milligrams per serving. The provisions of this Subparagraph shall not apply to floral hemp material.

(13) “THC” means a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid.

(1) “Adult-use consumable hemp product” means any consumable hemp product that contains more than 0.5 milligrams of total THC per package.

HB 758

Since this definition includes all types of THC, the bill makes it illegal to sell hemp-derived delta-8 THC edibles, beverages, and tinctures with more than 8 mg per serving or 1% total THC (including both delta-8 and delta-9). The bill also restricts products with more than 0.5 mg THC to adults 21 and over.

So while ingestible delta-8 products are not entirely banned, they can only contain a small amount of delta-8 THC (8 mg).

What is Delta-8 THC?

Delta-8-tetrahydrocannabinol is a form of THC, the intoxicating ingredient in cannabis. It’s different from delta 9, the most common form of THC. When people are talking about THC, they’re usually referring to delta 9 because of its large amounts in cannabis plants.

Delta-8 is not as potent as delta-9 but can still cause all the same psychoactive effects (1). It’s usually made from CBD because natural delta 8 concentrations in cannabis are low.

Why Delta-8 THC is Federally Legal

The 2018 Farm Bill that federally legalized hemp also inadvertently created a loophole that allows for hemp-derived delta 8. 

That’s because the bill defines hemp products as cannabis with no more than 0.3% of delta-9 THC but makes no mention of a limit on delta 8.

Delta 8 is usually made from hemp-derived CBD, making it legal under the bill.

States Where Delta-8 THC is Illegal

Although delta 8 is federally legal, each state can regulate it in its own way.

Delta-8 THC is currently illegal in 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

The Future of Delta 8 in Louisiana

Delta 8 is partially legal in Louisiana. You can only purchase ingestible products like gummies, tinctures, and beverages as long as they contain no more than 8 mg delta-8 THC per serving and 1% total THC.

The only way this may change is if Louisiana legalizes marijuana in the future. If that happens, we may see delta-8 THC regulated in the same way as recreational cannabis.

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