Louisiana Officials: CBD Illegal Despite Federal Law Changes

The Louisiana Office of Tobacco Control plans to issue citations to state retailers selling CBD products out of their shops, the agency announced on Friday. Juana Marine-Lombard, the commissioner for the office, says that — despite federal approval for products containing .03 percent THC under the Agriculture Act of 2018 — products containing even trace amounts of THC remain illegal under state law.

“…The Louisiana Board of Pharmacy has issued guidance its Guidance Document re Cannabidiol (CBD) Oil that any product extracted from a marijuana plant is classified as a schedule I under the Louisiana Controlled Dangerous Substance Law.” — Lombard, in a March 21 guidance document.

Lombard said the state Drug Policy Board is expected to issue an opinion and officials are awaiting an opinion from state Attorney General Jeff Landry “on the possible conflict between federal and state law.” The Tobacco Office guidance directs enforcement officials to order the removal of CBD products from shops; and while they will “continue to process pending CBD store applications,” they will not issue any permits until receiving guidance from the Drug Policy Board and Landry.

CBD-rich cannabis products were legalized for medical use in Louisiana in 2015. The Louisiana Board of Pharmacy guidance requires all cannabis products must comply with the legislature-approved medical cannabis law.

“Louisiana law does not make a distinction between CBD extracted from hemp and CBD extracted from marijuana,” the Nov. 2018 guidance says. “CBD is a compound of marijuana and therefore is considered marijuana under Louisiana law.”

The state does not have a program permitting hemp cultivation.

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