Is Delta-8 THC Legal in Louisiana?

By | last updated December 8, 2021

Evidence Based 6

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Delta-8 THC is legal in Louisiana. However, it looks like products are limited to no more than 1% total THC by weight, and inhalable products (vapes, flower) aren’t allowed.

Here’s a closer look at how delta 8 is regulated in Louisiana.

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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

However, there are 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 

Hemp-derived delta 8 THC products are legal as long as they meet these requirements. 

In other words, delta 8 topicals, gummies, tinctures, and other ingestible products are legal as long as they contain no more than 1% THC by total weight. Meanwhile, delta 8 vape or flower products are banned.

Louisiana CBD company Crescent Canna confirmed that delta 8 is legal by being the first to register their delta 8 THC gummies in the state. Louisiana’s Department of Health also stated in an email that delta 8 is allowed in consumable hemp products. 

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 14 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.

The Future of Delta 8 in Louisiana

Delta 8 is legal in Louisiana but there are some limitations. Inhalable products and those containing more than 1% THC by total weight are not allowed. As such, your best bet in the state is delta-8 gummies, tinctures, and other consumable products.

If Louisiana legalizes marijuana in the future, then we might see delta 8 THC regulated in the same way. But that’s not likely to happen for at least a few years, according to the state’s governor.

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