Louisiana rolls out rules banning CBD in food, most smokable hemp products

(This story has been updated to correct the law’s effective date and text link.)

Louisiana is rolling out penalties for the possession and sale of all smokable hemp products, alcoholic beverages containing CBD and food and beverages containing CBD.

Louisiana Gov. John Bel Edwards signed the hemp limits into law earlier this month.

Louisiana created an industrial hemp program last June, but banned all smokable hemp products and CBD in alcoholic beverages and foods, until federal authorities approved CBD as a food additive.

As one of the first three states to receive federal approval for its state production plan, Louisiana opened the application process for hemp farmers and handlers in February.

This new legislation provides regulations for industrial hemp in Louisiana, including hemp-derived CBD and other products, outlining:

  • Hemp and CBD definitions.
  • Licensing requirements.
  • Application and permit fees.
  • Testing and inspection rules for hemp crops and products.
  • CBD product labeling rules.
  • Hemp research and development.
  • A structure for the state’s Industrial Hemp Advisory Committee.

The new law sets fines for violators of the new hemp regulations – including the possession and sale of smokable hemp products and food and beverages containing CBD –  at up to $300 for the first offense, up to $1,000 for the second violation and up to $5,000 for third and subsequent convictions.

The commissioner of the Louisiana Office of Alcohol and Tobacco Control, the department that has authority over licensing businesses to sell CBD products, now has the authority to issue certain civil fines.

The regulations also authorize the agriculture regulators to issue stop orders to businesses that are found not in compliance, which would prohibit further sale, movement, processing or distribution of hemp plants or plant parts, and give business up to 30 days to comply and obtain a release of the order, or be subjected to fines and penalties.

Last week, Iowa laid out violations for businesses and individuals selling or in possession of smokable hemp products.