Louisiana bans THCA flower, sale of hemp products at gas stations

Smokable hemp flower, including so-called THCA flower, is now banned in Louisiana under a new law restricting hemp-derived cannabinoids.

Among the changes contained in House Bill 952, which Republican Gov. Jeff Landry recently signed into law, are:

• Forbidding the sale of hemp-derived products at gas stations and outlets licensed to sell alcohol.
• New limits on the amount of THC allowed per serving, though there is some flexibility.

Beverages OK; serving limits flexible

The total amount of THC allowed in “consumable hemp products” under Louisiana’s new law is now 5 milligrams per serving, with no more than 40 milligrams of THC per package.

But the state health department can approve products with more than 5 milligrams of THC “if the consumable hemp processor satisfies certain requirements.”

Hemp-derived THC beverages are legal but can’t be sold in containers smaller than 12 ounces.

Products must be submitted to the health department for approval and analysis.

A blanket ban on “any floral hemp for retail sale” prohibits smokable hemp, including so-called THCA flower.

THCA ‘loophole’ addressed

The regulations also account for the so-called THCA “loophole” in the U.S. Farm Bill that legalized intoxicating hemp products such as delta-8 and encouraged some major brands to sell product by mail, including to Louisiana consumers.

The new law defines “total THC” as “any combination of tetrahydrocannabinol, tetrahydracannabinolic acid, THC component, or any derivative thereof.”

However, establishments with permits to sell alcoholic beverages are shut out from the hemp-derived industry, as is any business licensed to sell “gasoline or motorfuel.”

The practice of adding hemp-derived cannabinoids to an alcoholic beverage “at the retail level” is also banned.

The new statute also includes prohibitions on any packaging or marketing materials that might appeal to children.