Industrial-Hemp-Derived Cannabidiol (CBD) Products
On June 6, 2019, Governor John Bel Edwards signed into law Act 164, previously known as House Bill 491, authored by Representative Clay Schexnayder. This bill legalized the production of industrial hemp, as defined in said Act and the federal Farm Bill of 2018. The bill also authorizes the sale of hemp-derived CBD products with a delta-9-tetrahydrocannabinol (THC) concentration of less than 0.3 percent. However there are a number of restrictions on the types of products that are legally permissible under the new regulatory framework.
Industrial-hemp-derived cannabidiol products manufactured, distributed, imported or sold for use in the state of Louisiana are required to be produced from hemp grown in accordance with a state plan approved by the United States Secretary of Agriculture and must be labeled in accordance with the State Food, Drug, and Cosmetic Law (La. R.S. 40: 601 et seq.). Additional labelling requirements exist for these products as well.
Any facilities manufacturing or distributing products intended for human consumption that are located in the state of Louisiana or that have a physical footprint in the state (e.g., a manufacturing site or distribution center) must be permitted by the Food and Drug Unit of the Office of Public Health. You may obtain a plans packet for permitting from your regional sanitarian. Information on locating your sanitarian is found here. The process for reviewing plans, conducting an initial preoperational inspection, and issuance of a temporary permit is anticipated to take at least 2-4 weeks at this time.
Retailers who sell industrial-hemp-derived cannabidiol products must obtain a permit prior to sale from the Louisiana Office of Alcohol and Tobacco Control (ATC). ATC is issuing temporary permits to wholesalers and retailers. More information on ATC permitting may be found on the agency's website at http://www.atc.rev.state.la.us/.
All industrial-hemp-derived cannabidiol products must be registered with this office. If you are a manufacturer or authorized distributor of industrial-hemp-derived cannabidiol products, you will need to register those items with this office in order to legally distribute them in or into the state of Louisiana, irrespective of whether you are located in- or out-of-state. All legal products must adhere to the requirements laid out in the emergency rules below, which reflect the statutory requirements of Act 164 of the 2019 Legislature. The registration process includes a label review by department personnel to confirm that your products meet these mandates. To avoid needless paperwork returns, it is HIGHLY recommended that you provide label specimens for review prior to submitting a full registration packet to this office. Label artwork may be submitted for evaluation by facsimile to (225) 342-7672 or email to email@example.com. Once your label artwork has been reviewed and accepted for registration, you may send a complete packet to our office at the address referenced on the FD-10 application form, available for download below. All application packets must include a product list, label artwork in paper or electronic form, a completed FD-10, and a remittance [cashier's check or money order] in the amount of $50 per product payable to LDH. Note that we cannot accept cash or ACH or other forms of electronic payment for IHDCP registrations at this time. Incomplete packets will be returned without processing.
- A Primer for Selling Industrial-Hemp-Derived Cannabidiol Products in Louisiana - pdf
- FD-10 Application for a New Industrial-Hemp-Derived Cannabidiol Product Registration - pdf
- Emergency Rules Addressing IHDCP Registration and Inspection - pdf