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May 16, 2024 0 Comments

The Buzz About CBD in Louisiana

You may have heard the buzz going around recently in the news and on social media that CBD in Louisiana may be made illegal. We’ve received numerous calls and feedback asking questions about this pending legislation in the Louisiana Legislature Regular Session of 2024, currently underway. We want to provide answers here that may put some of the misinformation to rest.

Will CBD be outlawed in Louisiana?

CBD (Cannabidiol) is a chemical found in marijuana. There are hundreds of cannabinoids in cannabis. The bills before the Louisiana Legislature that have caused all the stir address consumable hemp, which is a part of the Sativa Strain of cannabis and contains no more than .03 THC (Tetrahydrocannabinol). One of the bills under consideration would prohibit consumable hemp THAT CONTAINS THC. It would not prohibit or make illegal consumable hemp that doesn’t have THC.

Will Medical Marijuana be made illegal by these bills?

NO! Medical marijuana will not be impacted by any of these bills. Medical marijuana has its own program and the growers, physicians, pharmacies, and medical marijuana products are regulated under those guidelines.  Medical marijuana and all products will remain legal in Louisiana regardless of the passage of any of these bills.

What is the Farm Bill?

The Farm Bill of 2018 was originally introduced to provide a legal way for hemp farmers to produce and sell hemp for use in construction, textiles, bioplastics, insulation, biofuel, and other industrial purposes. This is typically called Industrial Hemp. The 2018 Farm Bill legalized the commercial production of hemp and authorized states to submit state plans to administer hemp programs. It also removed hemp from its Schedule 1 narcotics position. The Farm Bill of 2018 expired in September of 2023 and was renewed by President Joe Biden in 2024.

Consumable hemp is processed in forms that can be consumed, like gummies, oils, tinctures, topicals, and so on. The definition of hemp is narrow in the Farm Bill and does not specifically mention, nor limit, other naturally occurring cannabinoids such as CBD, Delta-8 and 10 THC, and THCA. Soon after the passage of the 2018 Farm Bill, entrepreneurs saw an opportunity to create and sell an array of hemp-derived consumables so long as they contained less than 0.3% Delta-9 THC. Those are the products that the Louisiana Legislature is addressing.

What are the bills that are being discussed?

There are currently three bills that address consumable hemp. Senate Bill 237, House Bill 952, and Senate Bill 495. 

Senate Bill 237 would restrict hemp to industrial use only and prohibit consumable hemp THAT CONTAINS THC in Louisiana.

House Bill 952 would use existing regulations for consumable hemp and revise them to raise the age to 21 for legal use and to require retail shops to display any products behind the counter, similar to how cigarettes are displayed. This bill would also restrict packaging to one serving. Currently, drinks and other consumables are packaged in multiple servings.

Senate Bill 495 addresses both industrial hemp and consumable hemp. It takes existing law and revises it to include consumable hemp. The bill also defines in much greater detail what the different roles are for growers, processors, consumable goods manufacturers, and retailers. It also defines synthetic cannabinoids, adds transportation to the list of regulated roles, and would require a “Good Manufacturing Practices” certification by the American National Standards Institute for all those involved in the production, manufacturing, and sales of consumable hemp.

Can consumable hemp be made without THC?

Yes. It already is. Humans and pets both have an Endocannabinoid System or ECS that acts as receptors to naturally occurring or consumed cannabinoids. However, the ECS in pets is different from humans. While humans can safely consume THC in recommended amounts, THC is toxic to pets and can make them very sick. High-quality CBD pet treats have no THC.

A process called chromatography can be used to extract THC from hemp oil. It’s quick but costly. Another remediation technique is degradation. Over time, THC in hemp turns to CBN, a non-intoxicating cannabinoid. The degradation process can be speeded up with light and heat and is cheap to perform. 

What’s next?

The 2024 Regular Session of the Louisiana Legislature will have a final adjournment no later than 6:00 pm on Monday, June 3, 2024. Until then, the legislature can review, refer, or defer any bill to the next session. As of this writing, here are the statuses of each of the three bills addressing consumable hemp with THC.

Senate Bill 237 – Reported without Legislative Bureau amendments on 5/15/2024.

Reported favorably (7-5). Referred to the Legislative Bureau on 5/14/2024.

House Bill 952 – Referred to the Committee on Agriculture, Forestry, Aquaculture, and Rural Development on 4/29/2024.

Senate Bill 495 – Referred to the Committee on Agriculture, Forestry, Aquaculture, and Rural Development on 4/3/2024.

Summary

While these bills are pending, the passage of any would have varying effects on the consumable hemp industry in Louisiana from profound to pivotable. Until then, medical marijuana is legal in Louisiana and will remain so. Contact The Healing Clinics or click the button below to find out more about how medical marijuana might help your condition and get started on your healing journey today.

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