Is Delta 8 THC Legal in Louisiana?

YES - Delta 8 THC is Legal in Louisiana

Delta 8 THC is considered partially legal in Louisiana. The state allows the sale and possession of hemp-derived Delta 8 THC products under specific regulations. However, there are some restrictions on the types of products that can be sold and their THC content.

Hemp-derived Delta 8 THC products are legal in Louisiana, meaning you can buy, sell, distribute, and possess these products without restrictions. However, certain types of products, such as Delta 8 THC pre-rolls, cigarettes, and vapes, are illegal under state law​.

As of the latest legislation, Louisiana has imposed limitations on consumable hemp products, including Delta 8 THC. Inhalable products are not allowed, and consumable products are restricted to have no more than 8 mg of THC per serving and a total THC content of no more than 1%. Additionally, you must be 21 years of age or older to purchase Delta 8 products​.

It's important to note that while Delta 8 THC is legal under specific conditions, the industry remains largely unregulated. Therefore, it's advised to purchase these products from reputable sources that provide third-party testing to ensure quality and compliance with legal THC limits​​.

For the most current and detailed information, always check the latest state laws and regulations regarding Delta 8 THC in Louisiana.

Legal Status of Delta 8 in Louisiana

In Louisiana, Delta 8 THC's legal status is defined under specific regulations that permit the sale and use of hemp-derived products, with certain restrictions. The legal landscape is shaped by two key pieces of legislation:

Louisiana HB 640: This bill, passed in August 2021, defines consumable hemp products as any product derived from industrial hemp that contains cannabinoids, including cannabidiol (CBD), intended for consumption or topical use. It allows Delta 8 THC under certain conditions but introduces restrictions on hemp products, notably:

  • Hemp products cannot be sold for inhalation.
  • Hemp products cannot contain more than 1% total THC.
  • Hemp products must be registered with the state​.

Louisiana HB 758: Passed in June 2022, this legislation further restricts the THC content of consumable hemp products. It specifies that:

  • Consumable hemp products cannot exceed a total delta-9 THC concentration of more than 0.3% or a total THC concentration of more than 1%.
  • The total THC in a product cannot exceed eight milligrams per serving.
  • Products with more than 0.5 mg of total THC per package are restricted to adults 21 and over​


§1462. Definitions

(10) “Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more 0.3 percent on a dry weight basis.

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§961. Definitions

§961.1. Industrial hemp exemption

Notwithstanding the definitions provided for in R.S. 40:961(6) and (26), the provisions of the Uniform Controlled Dangerous Substances Law shall not apply to industrial hemp or industrial hemp-derived CBD products as provided for in Parts V and VI of Chapter 10-A of Title 3 of the Louisiana Revised Statutes of 1950. Acts 2019, No. 164, §2, eff. June 6, 2019.

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§964. Composition of schedules

C. Hallucinogenic substances.

(27) Tetrahydrocannabinols, including synthetic equivalents and derivatives, except for tetrahydrocannabinols in hemp

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These laws reflect Louisiana's approach to regulating Delta 8 THC, allowing its legal purchase and use within specified limits. The state differentiates between types of products, such as prohibiting inhalable forms and setting caps on THC content for consumable products. This nuanced approach underscores the importance of compliance with state regulations when buying, selling, or using Delta 8 THC products in Louisiana.

Purchasing products from reputable sources that provide third-party testing is crucial due to the largely unregulated nature of the industry. This ensures that the products meet legal requirements for THC content and are safe for consumption​​.

For individuals interested in Delta 8 THC products in Louisiana, it's essential to stay informed about the current laws and regulations, as these can evolve. Checking with local authorities or consulting legal experts can provide the most up-to-date and specific guidance on the legality and availability of Delta 8 THC products in the state.

The information provided on this website does not, and is not intended to, constitute legal advice or any statements regarding the status of any laws. The information, content, and materials present on this site are for general informational purposes only and should not be relied upon for any specific purpose. Laws vary across different states and are subject to change. Therefore, information on this website might not reflect the most recent legal or other developments. Read our full legal disclaimer HERE.