Staying compliant in the industrial hemp industry in Louisiana can be difficult.

The U.S. Department of Agriculture established a national framework for hemp production in the 2018 Farm Bill, but Louisiana has an evolving set of rules and regulations from multiple different agencies that farmers, processors, transporters and retailers need to obey. These guidelines are subject to change as agencies and lawmakers seek to develop the industry, and it is the responsibility of the business owner to stay current on laws and regulations.

Growing Compliance

The Louisiana Department of Agriculture and Forestry (LDAF) oversees many aspects of industrial hemp production in the state. LDAF offers four types of industrial hemp licenses for different use cases, and all require a background check. A grower’s license allows the licensee to produce, transport, store and sell industrial hemp. A seed producer license authorizes the production of seed or immature plants from clones and allows for selling and transportation. LDAF offers a handler’s license for transporting, storage, testing and packaging industrial hemp. The final license is a processor license for processing, transporting, packaging and storage of nonconsumable hemp products for products that are not intended for consumption or topical use and contain no cannabinoids, such as cannabidiol (CBD or the psychoactive compound delta-9-tetrahydrocannabinol (THC). All licenses can be applied for online.

To ensure the safety, quality and legality of their crops, growers will need to collaborate closely with LDAF, submitting multiple reports and scheduling necessary tests to ensure compliance of the crop or product. In general, THC levels must not exceed the legal threshold of 0.3% by dry weight, and if a plant exceeds that total, it has tested "hot" and must be destroyed if it cannot be remediated, resampled and retested. Sample collections are performed by LDAF agents and plots must be tested within 30 days prior to harvest. Processors must test their products to obtain a certificate of analysis to prove the potency and safety of their products from contamination. For the most current rules and regulations, please visit the LDAF website (www.ldaf.state.la.us/industrial-hemp/).

Required reports include a first report of planting form for every plot of hemp within 15 days of planting, a quarterly planting report due four times a year, an annual production report, a harvest report and destruction reports if necessary. Growers and seed and clone producers are required to report their acreage to the USDA Farm Service Agency.

Consumable Hemp Compliance

Consumable hemp products are divided into two categories, which both fall under the authority of the Louisiana Department of Health (LDH): adult-use consumable hemp is any product containing more than 0.5 mg of total THC, while consumable hemp products contain less than 0.5 mg of total THC per package. Both types of products need to comply with a maximum limit of 0.3% delta-9-THC concentration with no more than 8 mg of THC per serving. Some types of consumable hemp products are prohibited, like products intended for inhalation.

Processors of consumable hemp products must be permitted by LDH, which includes submitting several documents for the facility and passing a pre-operational inspection. Processing facilities must follow the basic requirements for a food manufacturer and the basic requirements for a food storage warehouse for storing consumable hemp products. Processors must also follow the Louisiana Sanitary Code, Title 51, Part VI.

Products must be tested to ensure the potency is within the limits listed above and are free from contaminants. Products must also adhere to the labeling requirements, which includes a variety of information like the amount of THC per serving, total servings per package and serving size. No medical claims are allowed on the labels. Labels must be registered and approved by LDH before being sold and there is a label management application provided online at the LDH website. These regulations can be found on LDH’s website (ldh.la.gov/page/4080) and they ensure that the facilities are producing a safe product.

Hemp Retailer Compliance

Retail dealer permits are issued by the Louisiana Office of Alcohol and Tobacco Control (ATC). There are multiple types of permits — a consumable hemp retailer permit allows for the sale at a physical storefront, while a remote seller permit allows for the sale and shipping of consumable hemp products via the internet. There is also a special event permit for the sale at events like farmers markets. Consumable hemp products can only be sold to people over the age of 18, while adult use consumable hemp requires a patron to be 21. Please visit the ATC website (www.atc.louisiana.gov/cbd.php) for more information.

New Industry, New Regulations

Due to the changing laws and regulations, compliance in the industrial hemp industry in Louisiana takes effort on the part of both the agencies and industry participants. Staying informed on the laws is crucial for all hemp businesses. Visit the centralized Louisiana Industrial Hemp website (www.lahemp.net) for more information and resources.

Reeve Legendre is a research assistant professor in the LSU AgCenter School of Plant, Environmental and Soil Sciences.

This article appears in the fall 2023 edition of Louisiana Agriculture magazine.

The Louisiana Department of Agriculture and Forestry requires hemp growers to display signs, such as this one on a farm in St. Landry Parish, that list their license numbers and alert passersby that the crop contains low levels of the psychoactive compound delta-9-tetrahydrocannabinol (THC). Photo by Kyle Peveto