Industrial Hemp in Louisiana
With multiple different agencies regulating separate aspects of industrial hemp in Louisiana, it can be difficult to navigate the industrial hemp industry. Because the difference between hemp and marijuana is based solely on the percentage of THC in the plant, the industrial hemp industry is tightly regulated. There are three regulatory agencies that are responsible for guiding the industrial hemp industry from seed to sale: the Louisiana Department of Agriculture and Forestry (LDAF), the Louisiana Department of Health (LDH), and the Louisiana Office of Alcohol and Tobacco Control (ATC).
Most recently, ACT No. 752 authored by Representative Dustin Miller and Representative Mandie Landry was signed into law relative to consumable hemp products. The changes will become effective January 1st, 2025. The law changed a large number of aspects of the consumable hemp industry. The required age for sale of consumable hemp products has increased from 18 to 21. The sale of floral hemp material has also been prohibited, in addition to any consumable hemp product intended for inhalation. Sale of consumable hemp products has also been prohibited from retailers that sell gasoline. A number of aspects have also been changed for consumable hemp processors. Most notably, the amount of allowable THC per serving has been reduced from 8 mg to 5 mg per serving, nor contain more than 40 mg of total THC per package. Consumable hemp beverages cannot exceed 5 mg of THC and cannot be less than 12 oz of total fluid. Under the new law, processors can produce products that exceed the allowable THC limits as long as they are delivered out of Louisiana. Changes to labeling requirements include that the total THC per serving and a warning that consumption of THC may result in a failed drug test. Additionally, the law prohibits the use of distillates or concentrates that contain any THC derivatives that are not naturally occurring cannabinoids, effectively banning synthetic THC compounds. Testing requirements have also been changed. Certificates of Analysis (COAs) are still required for approval of consumable hemp products, along with sworn verification that the product is compliant, and ULM testing laboratory was designated as the preferred lab. Restaurants and bars are no longer eligible to be granted consumable hemp product permits if they hold a Class A permit after June 17, 2024. For a full list of changes, please read the law and digest.
The LSU AgCenter, SU AgCenter and ULM College of Pharmacy have partnered with the Louisiana Department of Agriculture and Forestry, the Louisiana Department of Health, Louisiana Economic Development, Louisiana Office of Alcohol and Tobacco Control, and the Louisiana Department of Revenue to develop this centralized website in the aim of helping both new and experienced members of the industrial hemp industry. Please visit the other pages of the centralized hemp website to learn more about industrial hemp in Louisiana. While it aims to help navigate the industrial hemp industry in Louisiana, the laws and rules often change and may become out of date. This highlights the need for people in the industrial hemp business to stay current on the changing laws and regulations and to understand that the sole responsibility of legally growing, producing, and selling hemp products falls upon the individual. Failure to comply could lead to the destruction of crops or products.
Seeds and Growers
The Louisiana Department of Agriculture and Forestry (LDAF) oversees many aspects of industrial hemp in Louisiana. A seed producer license is required for anyone wanting to produce, transport and sell industrial hemp seed or immature plants from clones. A grower’s license can also be obtained from LDAF for licensees to be able to cultivate, harvest, handle, transport and sell industrial hemp. Growers will be working closely with LDAF, submitting multiple planting reports and scheduling tests to ensure the safety, quality, and legality of their crop. For more information, please visit the LDAF website and the Rules and Regulations page for Growers and Seed Producers. A separate handler license is also available for someone looking to transport, deliver, commercially harvest, clean, package, broker, or test hemp.
Hemp Processing and Labeling
After the cultivation of hemp, hemp can be processed into other products. Consumable hemp products are defined in ACT No. 952 as any product derived from industrial hemp that contains any cannabinoid, including CBD and THC that is intended for consumption or topical use. This excludes fiber based products for commercial and industrial use like textiles, building materials, paper, clothing, bioplastics, biofuel or other similar products that are not intended for consumption.
LDAF is responsible for issuing the Non-Consumable Hemp Processors license to people looking to produce non-consumable products for sale. Visit the LDAF website and the Non-Consumable Hemp Processors Rules and Regulations page for more information.
Consumable hemp processing is regulated by the Louisiana Department of Health (LDH) and that entity issues permits that allow for processing, handling, storage, and sale of consumable hemp products at wholesale (to other processors or distributors or retail dealers). Consumable hemp products must also be lab tested to ensure safety and legality by an ISO 17025-accredited laboratory. Testing includes five categories of contaminants, residues, or properties of the products tested: cannabinoid profile, pesticides, solvents, microbials, and heavy metals.
LDH does not issue permits to retail dealers of consumable hemp products or out-of-state manufacturers or distributors.
Additionally, LDH is responsible for label registration and approval which is a requirement before the sale of all consumable hemp products. The labels must contain a variety of information to be approved. For more information on permitting, registration, or Consumable Hemp Processor rules, visit the LDH website which contains applications and portals for label submission.
Hemp Retailers
Once a product has been processed, the final step is selling the tested and labeled product to the consumer which requires a permit issued by the Louisiana Office of Alcohol and Tobacco Control (ATC). The ATC issues multiple types of permits. A Consumable Hemp Retail Dealer permit allows for sale at a physical storefront. A Consumable Hemp Remote Seller Permit allows for the sale and shipping of consumable hemp products via the internet. A Consumable Hemp Wholesaler permit allows for the sale and distribution of consumable hemp products to licensed hemp retailers. There is also a Special Event permit that allows the licensee to sell at special events. Visit the ATC website and the Retail Rules and Regulations page for more information.
Hemp retailers are subject to a 3% excise tax. Please visit the Louisiana Department of Revenue website for more information.
Overview of the legal requirements for hemp cultivation, production and processing.
GoHow to apply for the different types of licenses required to work with hemp in Louisiana.
GoLearn about the required testing to ensure that the hemp is safe and compliant.
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