§1482. Consumable hemp products; prohibitions

NOTE: Subsections (A)-(C) eff. until Jan. 1, 2025. See Acts 2024, No. 752, §1.

            A. No person shall sell or offer for sale any part of hemp for inhalation, except for hemp rolling papers.

            B. No person shall process, sell, or offer for sale:

            (1) Any alcoholic beverage containing cannabidiol.

            (2) Any consumable hemp product without a license or permit required pursuant to this Part.

            C. No retailer shall add any consumable hemp product to any food or beverage sold at retail to a consumer.

NOTE: Subsections (A)-(C) eff. Jan. 1, 2025. See Acts 2024, No. 752, §1.

            A.(1) No person shall process, distribute, sell, or offer for sale any consumable hemp product without a permit required by this Part.

            (2) No person shall sell or offer for sale at retail any consumable hemp product to any person under the age of twenty-one. A retailer shall verify the age of any person attempting to purchase or receive a consumable hemp product prior to the sales transaction of the product. A retailer shall require a purchaser to produce a valid federal or state issued photo identification card or a digitized identification card as defined in R.S. 51:3211. A retailer shall maintain all consumable hemp products except for consumable hemp beverages in a location that is inaccessible to the public without the assistance of an employee of the retailer.

            (3) No person shall offer for sale any consumable hemp product at any retail location that is also authorized to sell gasoline or motorfuel to the ultimate consumer as provided for in R.S. 47:712(3), provided that any facility licensed under R.S. 27:417 shall be exempt from this Subsection.

            B. No person shall process, distribute, sell, or offer for sale:

            (1) Any alcoholic beverage containing any consumable hemp product.

            (2) Any consumable hemp product for inhalation.

            (3) Any floral hemp material for retail use.

            (4) Any product that has not received approval from the Louisiana Department of Health in accordance with R.S. 3:1483.

            C.(1) No retailer shall add any consumable hemp product to any food or beverage sold at retail to a consumer.

            (2) No consumable hemp processor shall use any distillate or concentrate containing any derivative of a THC component that is not a naturally occurring cannabinoid to produce a consumable hemp product.

            D. It shall be unlawful for any person to knowingly, willfully, or intentionally violate the provisions of this Section. Whoever knowingly, willfully, or intentionally violates the provisions of this Section shall be penalized as follows:

            (1) On a first conviction, the offender shall be fined not more than three hundred dollars.

            (2) On a second conviction, the offender shall be fined not more than one thousand dollars.

            (3) On a third or subsequent conviction, the offender shall be fined not more than five thousand dollars.

NOTE: Subsection (E) eff. until Jan. 1, 2025. See Acts 2024, No. 752, §1.

            E. The provisions of this Part shall be preempted by any federal statute, federal regulation, or guidance from a federal government agency that is less restrictive than the provisions of this Part.

NOTE: Subsection (E) eff. Jan. 1, 2025. See Acts 2024, No. 752, §1.

            E. The provisions of this Part shall be preempted by any federal statute, federal regulation, or guidance from a federal government agency that is more restrictive than the provisions of this Part.

            Acts 2019, No. 164, §1, eff. June 6, 2019; Acts 2020, No. 344, §1; Acts 2021, No. 336, §1; Acts 2022, No. 498, §1, eff. June 16, 2022; Acts 2024, No. 752, §1, eff. Jan. 1, 2025.