Is Delta-8 legal in Louisiana in 2022?

Hemp-derived Delta-8 THC is legal in Louisiana based on the Farm Bill and local state rules. Keep reading for more info. Click here to order the finest Delta-8 products online!

What is Delta-8?

Delta-8 tetrahydrocannabinol (THC) is a cannabinoid, which just means it is one of the many substances that comes from the cannabis plant. Cannabinoids from plants are specifically called phytocannabinoids, and there are hundreds of them. When cannabinoids are consumed, they have an effect on the human endocannabinoid system.

The endocannabinoid system uses the cannabinoids as neurotransmitters/neuromodulators that work with the cannabinoid receptors throughout the human body. The system is still being studied, but researchers link it to regulating physiological and cognitive processes, pain-sensation, immune system activities, appetite, mood, memory, and in mediating the effects of cannabis [1].

Delta-8 is a popular THC product used for therapeutic and personal needs. It is similar to Delta-9 THC and we’ll look at that in the next section. Most states including Louisiana are onboard with Delta-8.

What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC all occur naturally in cannabis, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of the hundreds of identified cannabinoids from the cannabis plant, and it is the main psychoactive substance in cannabis.

An isomer is each of two or more compounds with the same formula but a different arrangement of atoms in the molecule and with different properties.

The molecules that make these three types of THC are very similar in form. A small structural difference is evident in where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, for Delta-9 the ninth carbon chain, and for Delta-10 the tenth carbon chain. These minimal chemical variations do make a difference. Research shows that Delta-8 and Delta-10 share many of the effects of Delta-9, although typically at lower levels [2].

Learn more about hemp-derived Delta-9 THC here: Is Hemp-Derived Delta-9 Legal in America?

What does “hemp-derived” mean?

Hemp-derived means made from hemp, sometimes also referred to as industrial hemp. The 2018 Farm Bill (see next section) established new federal legal definitions and rules for hemp, including that hemp and “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 concentration of not more than 0.3 percent on a dry weight basis” may be used for production, sales, transport, and use.

Hemp and hemp derivatives include cannabinoids like cannabidiol (CBD), Delta-8 THC, Delta-9 THC, and Delta-10 THC. These cannabinoids and others are federally-compliant for use in inhalable, edible, and topical products.

What is the Farm Bill and does the Farm Bill make Delta-8 THC legal?

The Farm Bill legalized hemp derived products and Delta-8 in the United States. For many years in the United States, cannabis was illegal whether or not it contained THC, its main psychoactive chemical, which occurs naturally in the cannabis plant.

In 2018, the United States Congress enacted a groundbreaking federal law, known as the 2018 Farm Bill. It defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it in all 50 states. Cannabis with more than .3% Delta-9 THC per dry weight is defined as marijuana and is still a federally controlled substance on the Drug Enforcement Agency’s Schedule 1 list. This is despite the fact that many states allow medical use or adult recreational use of cannabis with more than .3% Delta-9 THC.

The Bill defines hemp as:

Hemp.–The term 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 concentration of not more than 0.3 percent on a dry weight basis.

All THC isomers in Earthy Select products are made exclusively from organically-grown, federally-compliant, third-party tested hemp products.

Most states passed similar laws to the federal law in the year or years following the Farm Bill’s enactment. Most of these adopted the same definition of hemp, and legalized hemp and hemp products and cannabinoids.

How do you buy high quality Delta-8?

Finding great hemp derived products containing Delta-8 isn’t complicated. The best way is to buy directly from trusted brands like Earthy Select who follow safe manufacturing standards and use third-party testing to ensure a clean and potent product. If processing of Delta-8 is done poorly, it can lead to degradation of the compound, inaccurate potency, or harmful by-products.

The production methods and standards of Delta-8 THC are critical for its quality, safety and legality. You should always buy from companies who provide a certificate of analysis (CoA) for each product. A CoA is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides.

Transparency promotes trust and reliability. Producers should only use third-party lab testing and publish the CoA results where buyers can access them. Labs that are registered with the Drug Enforcement Agency (DEA) and International Standards Organization (ISO) and other regulating entities follow federal regulations and are trusted to ensure federal-compliance with Delta-8 and other hemp-derived products.

Earthy Select provides the highest quality Delta-8 THC and offers third-party CoAs for each and every product, including rich and potent Delta-8 Oils.

Where is Delta-8 THC legal?

According to the 2018 Farm Bill, all hemp-derived cannabinoids are federally-compliant as long as they contain less than .3% Delta-9 THC per dry weight. This means that Delta-8 is not federally-controlled substance if it is from hemp, and it contains less than .3% Delta-9 THC per dry weight.

The federal government allows hemp and hemp-derived Delta-8 THC products nationally and will not limit their transportation across state lines. States still have the ability to limit Delta-8 or other cannabinoids within their own borders. It’s confusing for Americans but is the current situation. To learn about all 50 states, read Is Delta-8 THC Legal in Your State?

Where to buy Delta-8 in Louisiana

Delta-8 is widely available in Louisiana in stores from Shreveport to New Orleans. Remember you can always use the convenience and privacy of Earthy Select’s direct mail order service too! We sell potent Delta-8 gummies, flower, lozenges, tablets, oils and vapes and we ship nationwide.

Delta-8 and the law in Louisiana

Louisiana started operating a medical marijuana program in 2019 and expanded it in 2020 with HB 819. Initially, smokable cannabis flower was not allowed, but that changed in 2021 with HB 391

In 2021, Louisiana decriminalized marijuana use with House Bill 652. It amended state law so a person found in possession of up to 14 grams of marijuana may receive only a maximum fine of $100, with no arrest or jail time [3].

In August 2021, lawmakers also passed HB 640 which allows consumable hemp products made from hemp, defined as cannabis with less than .3% Delta-9 THC and with less than 1% total THC. One exception is that, like earlier limits on inhalable medical cannabis flower, hemp products could not be sold for inhalation. They can presumably be sold for other purposes. Products that fall under these guidelines are permitted.

Final thoughts on Delta-8 in Louisiana

Louisianans love Delta-8. For the best possible products, ordering online might be the right solution. You’ll love Earthy Select’s premium Delta-8 and we ship nationwide!

Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor or medical expert. You should check with your local authorities and medical providers before buying or using any products.

References

Frequently Asked Questions

Does Delta-8 get you high?

Products with THC, even at low dosages, have the potential to produce psychoactive and therapeutic effects. The strength of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry. You may feel “high” after using THC products so we strongly recommend you use them responsibly.

What is the difference between THC and CBD?

CBD (cannabidiol) and THC (tetrahydrocannabinol) are both naturally-occurring cannabinoids from the cannabis plant, and both have the exact same molecular structure: 21 carbon atoms, 30 hydrogen atoms, and 2 oxygen atoms. A slight difference in how the atoms are arranged accounts for the differing effects on your body. THC is the main psychoactive component of the plant—the part that can make people feel “high.”

CBD is not psychoactive and is used for therapeutic effects of its own. CBD also plays a part in regulating how other cannabinoids including THC affect a person.

Is marijuana legal in Louisiana?

In 2021, Governor John Bel Edwards signed HB 652 which decriminalized possession of small amounts of marijuana statewide. Under the bill, possession of less than 14 grams of cannabis is punishable by a $100 fine and no threat of jail time for the first and every subsequent offense. Medicinal use is allowed with a physician’s written recommendation for any debilitating condition. Cannabis with less than .3% Delta-9 THC is defined as hemp, and has been removed from the DEA’s Controlled Substances Schedule.

What does “hemp-derived” mean?

How do I take Delta-8?

Delta-8 is available in many consumable forms. Its flower or bud can be smoked, its oil can be taken sublingually (under the tongue) or with food. Liquified Delta-8 comes in vape pens for inhalation, and gummies work best when they are completely dissolved in the mouth. Concentrates are also an option for dabbing.

Is Delta-8 as strong as Delta-9?

They are both forms of THC that can be derived from hemp or marijuana. They are both federally legal if derived from hemp and have less than .3% Delta-9 THC. The strength or potency of both can vary greatly, but on average, Delta-8 is considered to have ½ to ⅔ the strength of Delta-9.