ANNOUNCEMENT: Louisiana Will Permit the Use of Delta 8 THC in Food Products

Medically reviewed by Alexander Tabibi, MD
October 29, 2021
Delta 8 Ediibles Louisiana
Delta 8 Ediibles Louisiana

While numerous states have developed increasingly harsh laws forbidding the sales of delta 8 THC, the mildly psychoactive and federally legal isomer of delta 9 THC, Louisiana has set a new precedent by writing up new laws that specifically permit the use of the cannabinoid, along with others, in food products. 

Since the passing of the Farm Bill in 2018, which legalized the hemp plant under federal law, edibles in particular have been a point of controversy, as, of course has delta 8.  Louisiana’s new laws are refreshingly progressive, and certain to impact the hemp industry in a positive way.

What Does Their Department of Health Say?

The Louisiana Department of Health has started accepting applications for businesses that infuse cannabinoids into food and beverage products in response to the new state law, which explicitly offers up a new category for the hemp market known as “consumable hemp,” and is explained as “any product derived from industrial hemp that contains any cannabinoids and is intended for consumption or topical use.”  The law does not prohibit any cannabinoids, although it does adhere to federal law, which states that no hemp product may contain more than 0.3% delta 9 THC per weight, as delta 9 THC remains a federally illegal substance.

A Big Win So Far!

This is a big win for the hemp industry, and the delta 8 submarket in particular, which has been under enormous scrutiny since it first emerged on the scene only a couple of years ago.  CBD, or cannabidiol, has largely remained uncontroversial, due to its nonintoxicating nature.  But delta 8 was the first cannabinoid to be federally legal yet capable of getting users high.  It’s mainly produced by isomerization of cannabidiol, and this alone has raised concerns that it technically falls under the category of “synthetic THC.”  This classification has acted as the basis for its ban in 12 states and counting.  However, delta 8 is a nontoxic cannabinoid that occurs naturally in the plant material, and the hemp industry argues that its manufacturing methods are extremely sound.   

Permitting the sales of delta 8 foods and beverages, along with other delta 8 products, helps support our country’s growing hemp industry that employs everyone from farmers to product manufacturers.  Meanwhile, delta 8 THC is not a new discovery.  The cannabinoid was first discovered by chemists in the 1960s, and has been studied in clinical settings, determining that it offers a lot of value beyond its psychoactive activity.  Many people take delta 8 for its properties that have nothing to do with intoxication.

The Cajun State Really Loves Their Food!

Louisiana’s new consumable hemp laws are just one indication that the state is becoming more cannabis-friendly.  The state has also passed a law permitting the sales of smokable cannabis products for those who are enrolled in the state’s medical marijuana program.  While other states have permitted the sales of both, Louisiana has gone out of its way to protect these two types of products in a way that demonstrates that lawmakers fully believe in the future of cannabis.