Is CBD Legal in Louisiana? State Hemp Rules in 2026

In short

As of November 5, 2026, CBD and other hemp products are legal in Louisiana when they follow the state's consumable hemp law. Each product must be registered and approved by the Louisiana Department of Health, and sellers need permits from the Office of Alcohol and Tobacco Control.^{[1, 2, 3, 4]}

Since January 1, 2025, Louisiana limits THC in hemp products to 5 mg per serving and 40 mg per package for most edible products. Hemp drinks are capped at 5 mg per can of at least 12 ounces. Smokable hemp flower, vapes, and other inhalable hemp products cannot be sold.^{[1, 2, 4, 5]}

Buyers must be 21 or older. Since August 1, 2025, selling to someone under 21 is a crime, and people under 21 can be fined for buying or possessing these products.^{[1, 3, 6]}

At a glance

How Louisiana defines hemp and hemp products

Louisiana defines industrial hemp as the plant Cannabis sativa L. and any part of it, including seeds, derivatives, extracts, cannabinoids, isomers, acids, and salts, with a total THC concentration of not more than 0.3% on a dry weight basis.^{[4, 7]}

A "consumable hemp product" is any product made from industrial hemp that contains a cannabinoid, such as CBD or THC, and is meant to be eaten, drunk, or used on the skin. Pet products and animal feed are included. Products made from hemp fiber, such as clothing or building materials, are not.^[7]

"Total THC" means any combination of THC, THCA, naturally occurring THC components, or their derivatives. Hemp used in these products must come from a grower licensed under federal law or an approved state plan.^{[2, 7]}

THC limits per serving and per package

Act 752 of 2024 rewrote Louisiana's hemp rules. Most of it took effect on January 1, 2025. It replaced an older limit of 8 mg of total THC per product with a limit of 5 mg per serving.^{[4, 5]}

For products other than drinks and tinctures, each serving may hold no more than 5 mg of total THC and must be a separate unit. A package may hold no more than 40 mg of total THC and must be child-resistant.^{[2, 8]}

A hemp drink serving must be at least 12 ounces and hold no more than 5 mg of THC. Each serving must come in its own tamper-evident container, and a pack may hold no more than four containers.^{[2, 8]}

A tincture package may hold no more than one ounce of oil-based liquid. A serving is one milliliter with no more than 1 mg of total THC, and the package must have a dropper that gives one serving. Water-soluble liquid concentrates that can be drunk or mixed into food are not allowed as tinctures.^{[2, 8]}

Nonedible products, such as topical products, do not have to meet these serving and package limits. LDH rules also say a product's label may not be off by more than 15%, and that this margin does not allow a product to go over the THC limits.^{[2, 8]}

Products Louisiana does not allow

No one may process, distribute, or sell alcoholic drinks that contain hemp, hemp products meant to be inhaled, or floral hemp material for retail use. LDH will not approve vapes or other inhalable hemp products, even if the label says "do not inhale."^{[1, 2, 4]}

Processors may not use any distillate or concentrate that contains a THC derivative that is not a naturally occurring cannabinoid. LDH rules also bar registration of products meant for injection, transdermal use, or rectal or vaginal use. Topical personal lubricants are exempt from the rectal and vaginal limit.^{[1, 8]}

Products that are not registered and approved by LDH cannot be sold. Under a 2025 law, producing or distributing hemp products outside these rules can bring a fine of up to $50,000, one to 10 years in prison, or both. That law has exceptions, for example when LDH had approved the product at the time.^{[1, 6]}

Permits, age checks, labels, and testing

Processors need a yearly permit from LDH. Wholesalers and retailers need permits from ATC, and each store and each website domain needs its own retail permit. Selling at special events needs a separate special event permit. Permit applicants must be over 21 and must not have a felony conviction.^{[2, 3, 8]}

Retailers must check a valid photo ID, or a digital ID allowed by state law, before every sale. Except for hemp drinks, products must be kept where customers cannot reach them without help from an employee.^[1]

Since August 1, 2026, an alcohol retail permit holder may not intentionally allow people under 18 to visit or loiter in places where hemp products are the main items sold.^{[13, 14]}

Labels must state total THC per serving, warn about failed drug tests, and link to a certificate of analysis. Each batch must be tested for THC, solvents, pesticides, microbes, and heavy metals. Under LDH rules adopted in January 2026, LDH may also test samples of registered products offered for sale, and it may revoke a product's registration if the product fails.^{[2, 8]}

In May 2026, LDH moved its hemp rules from Title 49 to Title 51 (Part XXX, Consumable Hemp) of the Louisiana Administrative Code.^[15]

How the federal hemp changes may affect Louisiana

Federal Public Law 119-37 rewrites the federal hemp definition. It counts total THC, including THCA. It also leaves out cannabinoids that the plant cannot naturally make, cannabinoids made outside the plant, and final products with more than 0.4 mg of total THC per container. Under Public Law 119-103, the part on cannabinoids that the plant cannot naturally make applies from November 12, 2026. The rest is set for December 11, 2026, unless Congress delays it again.^{[11, 12]}

Louisiana's hemp law says it is preempted by any federal statute, federal regulation, or federal agency guidance that is more restrictive. Before Act 752, this clause pointed the other way, to less restrictive federal rules.^{[1, 5]}

This is our reading, not an official statement: Louisiana's ban on THC derivatives that are not naturally occurring cannabinoids already lines up with the November 12, 2026, federal change. The federal 0.4 mg per container limit is lower than Louisiana's 5 mg per serving and 40 mg per package. Because of the preemption clause, the federal limit may override the state limits from December 11, 2026, unless Congress delays it again. We found no LDH or ATC guidance on this as of November 5, 2026.^{[1, 11, 12]}

What changes next

1. November 12, 2026

   Federal change on cannabinoids that plants cannot naturally make

   From November 12, 2026, the federal hemp definition leaves out cannabinoids that the plant cannot naturally make. Louisiana already bars THC derivatives that are not naturally occurring.^{[1, 11, 12]}

2. December 11, 2026

   Rest of the federal hemp change

   The federal 0.4 mg per container limit is set for December 11, 2026, unless Congress delays it again. In our reading, Louisiana's preemption clause may make this lower limit apply in the state.^{[1, 11, 12]}

Who regulates hemp and CBD

• Louisiana Department of Health (Office of Public Health): Registers and approves hemp products and labels, issues processor permits, and approves testing labs.
• Louisiana Office of Alcohol and Tobacco Control: Issues wholesale, retail, remote retail, and special event permits for hemp products and enforces sales rules.

Timeline

1. June 19, 2024

   Act 752 signed

   The governor signs Act 752 (House Bill 952). One section takes effect that day; the rest waits until January 1, 2025.^[5]

2. January 1, 2025

   New hemp limits take effect

   Buyers must be 21. THC is capped at 5 mg per serving and 40 mg per package for most edibles. Inhalable products and retail floral hemp are banned, and federal rules that are more restrictive preempt state law.^{[1, 2, 5]}

3. August 1, 2025

   Acts 233 and 345 take effect

   Act 233 makes sales to people under 21 a crime and sets penalties for unlicensed hemp activity. Act 345 lets people sue over some illegal hemp sales, including sales to people under 21.^{[6, 16]}

4. January 20, 2026

   LDH updates its hemp rules

   LDH adopts rules on processor permits, batch testing, certificates of analysis, serving and package limits, and enforcement.^[8]

5. May 11, 2026

   Bar and restaurant hemp bill withdrawn

   House Bill 539, which would have allowed hemp sales at businesses with a Class A alcohol permit, is withdrawn. It never became law.^{[17, 18]}

6. August 1, 2026

   Act 392 takes effect

   Alcohol permit holders may not intentionally allow people under 18 to loiter in places where hemp products are the main items sold.^{[13, 14]}

Sources

Other states

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About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.