1. Introductory Summary
In the wake of the 2018 Farm Bill, Louisiana established a regulatory framework for synthetic THC products, including Delta-8 and Delta-10 THC, focusing on safety and consumer protection. Rather than prohibiting these products outright, Louisiana permits their sale and distribution under strict conditions to ensure responsible access and public health safeguards. These products must comply with Louisiana’s specific regulations, which include testing, labeling, and packaging standards enforced by the Louisiana Department of Health.
2. THC Potency Limits
Louisiana adheres to federal THC guidelines, restricting Delta-9 THC content in synthetic THC products to a maximum of 0.3% by dry weight. This federal threshold applies to all hemp-derived products.
3. Public Health Measures
To protect public health, Louisiana implements several regulatory measures for synthetic THC:
- Age Restrictions: Only individuals 21 and older may purchase Delta-8 THC products.
- Testing and Labeling: Products must undergo third-party testing, with clear labeling that accurately reflects THC content and safety standards.
- Packaging Requirements: Child-resistant packaging is mandatory, with clear warnings to prevent accidental ingestion, particularly by minors.
4. Effective Date of Regulations
Louisiana’s synthetic THC regulations have been in effect since early 2021, following alignment with the 2018 Farm Bill. The state legislature and regulatory agencies, such as the Louisiana Department of Health, periodically update these rules to adapt to market conditions and evolving safety standards.
5. Licensing Requirements and Fees
Louisiana mandates that businesses selling Delta-8 THC and other synthetic cannabinoids obtain a state-issued license. The Louisiana Department of Health oversees these licenses, which support compliance with product testing, labeling, and other safety regulations. Licensing fees contribute to regulatory enforcement, ensuring that all vendors meet established safety standards.
6. Regulatory Body
The Louisiana Department of Health is the primary regulatory authority for synthetic THC products, responsible for enforcing testing, labeling, packaging, and age restrictions.
7. Testing Standards
Louisiana requires third-party testing for all synthetic THC products. Testing verifies compliance with the federal 0.3% Delta-9 THC limit and ensures products are free from contaminants. Each product must have a certificate of analysis (COA), documenting its potency and safety for transparency and consumer protection.
8. Potency Limits and Product Types
Louisiana restricts Delta-8 THC and other synthetic THC products to the federal limit of 0.3% Delta-9 THC by dry weight. There are no state-specific caps on other cannabinoids.
9. Enforcement Capabilities
The Louisiana Department of Health actively enforces synthetic THC regulations, monitoring retailer compliance with age, testing, and labeling requirements. Retailers who fail to comply may face penalties, supporting a safe retail environment for synthetic THC products across the state.
10. Social Equity Provisions
Louisiana’s regulatory framework does not include social equity provisions or provide targeted licensing opportunities for communities impacted by past cannabis prohibitions.
11. Impact on Medical Marijuana or Adult-Use Programs
Louisiana’s synthetic THC regulations operate independently of the state’s medical marijuana program, which has its own regulatory framework.