ACT No. 498 provides a new classification of hemp products that the Louisiana hemp industry should be aware of: adult-use consumable hemp products. Adult-use consumable hemp products are any product containing more than 0.5 mg of total THC per package, while consumable hemp products contain less than 0.5 mg of total THC per package. The total THC (including delta variants) amount must remain under 8 mg per serving for adult-use consumable hemp products, while maintaining the delta-9-THC concentration limit of 0.3% by dry weight. Consumable hemp products are defined as any product that is intended for consumption or topical use that contains any cannabinoid and contain less than 0.5 mg of total THC. Consumable hemp products are required to have less than 0.3 percent delta-9-THC or a total THC concentration of less than 1%.
Each person/location that is selling any consumable hemp product must apply and obtain the appropriate Consumable Hemp retail dealer permit.
Consumable hemp products cannot be sold to anyone under the age of 18. Adult-use consumable hemp products cannot be sold to anyone under the age of 21. All products must first have their labels approved by the Louisiana Department of Health. Once the label is approved, the consumable hemp products must also be registered with the Louisiana Department of Health.
Hemp retailers are subject to a 3% excise tax on all consumable hemp products. Please visit the Louisiana Department of Revenue website for more information.
Products must have a certificate of analysis (COA) that verifies it does not contain more than 0.3% delta-9-THC. Adult-use consumable hemp products must not contain more than 0.5 mg of total THC per package, while consumable hemp products must contain less than 0.5 mg of total THC per package. The total THC (including delta variants) amount must remain under 8 mg per serving for adult-use consumable hemp products, while maintaining the delta-9-THC concentration limit of 0.3% by dry weight. Consumable hemp products are defined as any product that is intended for consumption or topical use that contains any cannabinoid and contain less than 0.5 mg of total THC per package. Consumable hemp products are also required to have less than 0.3 percent delta-9-THC or a total THC concentration of less than 1%. A potency test of the final product indicating the total THC per serving, serving size, total THC per package, and the number of servings per package is also required.
Consumable hemp products also must not be intended for inhalation. Any product containing cannabinoids that are not derived from industrial hemp are also prohibited, and the application for registration should also include verification that the product was produced from hemp.
Acceptable forms of consumable hemp products include tinctures, oils, salves, gels, creams, ointments, lotions, lip balms, bath bombs, and single use syringes (without needles).
ACT No. 498 was signed into law with an effective date of June 16th, 2022. This new law added the category of adult-use consumable hemp products which are defined as containing more than 0.5 mg of total THC per package. Adult-use consumable hemp products are limited to a total THC content of 8 mg per serving, while maintaining the delta-9-THC limit of 0.3% by dry weight. Other consumable hemp products (which contain less than 0.5 mg of total THC per package) are limited to a total THC content of 1%. The delta-9-THC limit is still 0.3% by weight.
Floral hemp has a total THC content limit (including other THC delta variants, like delta-8-THC and delta-10-THC) of 1% by dry weight, while maintaining the delta-9-THC limit of 0.3% by dry weight.
Products that were previously approved prior to the effective date of the law (June 16th, 2022) can still be sold in Louisiana until January 1, 2023.