The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana below the Controlled Substances Act (“CSA”) and by delivering a detailed framework for the cultivation of hemp. The 2018 Farm Bill offers the US Division of Agriculture (“USDA”) regulatory authority more than hemp cultivation at the federal level. In turn, states have the selection to keep key regulatory authority more than the crop cultivated inside their borders by submitting a strategy to the USDA.
This federal and state interplay has resulted in several legislative and regulatory modifications at the state level. Certainly, most states have introduced (and adopted) bills that would authorize the industrial production of hemp inside their borders. A smaller sized but increasing quantity of states also regulate the sale of goods derived from hemp.
In light of these legislative modifications, we are presenting a 50-state series analyzing how each and every jurisdiction treats hemp-derived cannabidiol (“Hemp CBD”). Each and every Sunday, we summarize a new state in alphabetical order. These days, we head to the bayou: Louisiana.
Louisiana lawmakers not too long ago adopted Home Bill 138 (HB 138) and House Bill 491 (HB 491) in light of the 2018 Farm Bill. HB 138 amends Louisiana’s definition of marijuana to exclude “industrial hemp that is in the possession, custody, or manage of a person who holds a license issued by the Louisiana Division of Agriculture and Forestry, or is cultivated and processed in accordance with the U.S. Agriculture Improvement Act of 2018.” In turn, HB 138 defines industrial hemp as “the plant Cannabis sativa and any element of that plant, such as the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids and salts of isomers, whether or not increasing or not, with a delta-9-tetrahydrocannabinol concentration of not a lot more than .three % on a dry weight basis and cultivated and processed in accordance with the U.S. Agriculture Improvement Act of 2018, or the strategy submitted by the Louisiana Division of Agriculture and Forestry that is in compliance with the U.S. Division of Agriculture guidelines.” In Louisiana, hemp is only legal if it meets the THC concentration outlined in the 2018 Farm Bill and also was cultivated and processed legally, either in Lousiana or elsewhere.
HB 491 lays out the specifics of Louisiana’s hemp cultivation strategy. The Louisiana Division of Agriculture and Forestry (LDAF) oversees the plan. LDAF difficulties the following licenses:
- Grower License – authorizes the licensee to cultivate, manage and transport industrial hemp
- Processor License – authorizes the licensee to manage, approach and transport industrial hemp
- Seed Producer – authorizes the licensee to make, transport and sell industrial hemp seed and
- Contract Carrier – authorizes the licensee to transport industrial hemp (expected when the transporter is not the licensed grower or processor of the plant material).
LDAF has not however begun issuing these licenses as the USDA has however to approve any state strategy, such as Louisiana’s. With regards to hemp cultivation, HB 491 tracks the farm bill closely. It is worth mentioning that any particular person transporting or delivering hemp in Louisiana will have to carry a dated invoice, bill of lading, or manifest which shall consist of the seller and purchaser’s name and address, the certain origin and location, and the quantity of hemp. That is critical to note for any one traveling by means of Louisiana with hemp.
HB 491 also covers Hemp–CBD goods. No particular person may possibly approach or sell (1) any element of hemp for inhalation, (two) any alcoholic beverage containing CBD, or (three) any meals item or beverage containing CBD unless the FDA approves CBD as a meals additive. All Hemp–CBD goods will have to be labeled and registered in accordance with Louisiana’s Meals, Drug and Cosmetic Law (R.S. 40:601 et seq.). Hemp–CBD may possibly not be marketed as a dietary supplement. In addition, Hemp–CBD labels will have to meet the following criteria and be authorized by the Louisiana Division of Wellness:
- Include the following language: “This item has not been evaluated by the Meals and Drug Administration and is not intended to diagnose, treat, remedy, or avoid any illness.”
- Include no health-related claim
- Have a scannable bar code, QR code, or internet address linked to a Certificate of Evaluation (COA)
- The batch identification quantity, date received, date of completion, and the technique of evaluation for each and every test carried out.
- Test outcomes identifying the cannabinoid profile by percentage of dry weight, solvents, pesticides, microbials, and heavy metals.
Retailer sellers of Hemp–CBD will have to (1) register with the Workplace of Alcohol Tobacco Handle (OATC) and (two) meet the above certain labeling and testing specifications. Hemp–CBD may possibly only be sold by corporations holding a CBD Dealer Permit from OATC, which needs a place in Louisiana exactly where goods are stored and/or sold. CBD Dealer Permit applicants will have to also have been residents of the state of Louisiana for two years prior to applying. These provisions make the on line sale of Hemp–CBD in Louisiana impractical in most instances.