Are THC Gummies Legal in Louisiana?

Understanding Hemp-Derived vs. Marijuana-Derived THC Gummies

Before jumping into the legal status of THC gummies in The Pelican State, it's important to clarify the different types of gummies found on the market. The reason for this is that some THC gummies are legal, while others are not, and the difference resides in the plant source.

THC products, in general, can be made using the THC extracted from either hemp or marijuana.

To note, the final extract (regardless of the plant source) is a chemical compound and is identical in both hemp and marijuana. If you are planning to smoke the flower of the plant, you'll taste and feel a difference, but since the extract is refined and broken down in THC edibles... you won't taste or feel a difference at all. 

Hemp-derived gummies, like most THC gummies online, contain Delta-9 THC but in lower, federally compliant concentrations (under 0.3% Delta-9 THC by dry weight), making them legal under the 2018 Farm Bill.

In contrast, marijuana-derived THC products often contain higher levels of Delta-9 THC and are federally illegal except in certain states where recreational or medical marijuana laws allow for their consumption.

In Louisiana, marijuana-derived THC gummies are only available to qualified medical patients and recreational use remains outlawed.

Louisiana’s Cannabis Landscape: Medical Marijuana

In Louisiana, medical marijuana was legalized in 2016 but originally had restrictions on smokable forms. These were later amended and lifted in 2021, allowing patients the ability to smoke flower using joints, blunts, bongs, pipes, vapes or a ton of other methods. 

Patients with qualifying medical conditions can currently access a wide variety of marijuana-derived products, including THC-infused gummies, from licensed dispensaries. To become a qualified patient, you must obtain a medical card from a doctor to be allowed in dispensaries. 

That being said, recreational marijuana still remains highly illegal, and possessing or using marijuana-derived THC gummies without a medical prescription could lead to legal penalties (like fines or even jail!). 

The Status of Hemp-Derived THC Gummies in Louisiana

As discussed earlier, hemp-derived THC edibles, including gummies, fall under the legal purview of the 2018 Farm Bill, which allows these types of products to be sold, possessed and consumed as long as they contain less than .3% THC in the final product. 

Louisiana decided to follow suit with this federal law, allowing hemp-derived THC gummies, unlike some other states which have gone rogue and decided to make their own state-specific laws which contradict the federal Farm Bill. 

That being said, in June 2024, Louisiana’s legislature passed House Bill 952 (HB 952), which introduced several restrictions on hemp products.

This bill was ironically sprouted by the marijuana industry, in attempts to restrict the sale of hemp-derived products in order to stifle competition and corner the marketshare. It was a monopolistic play that ultimately does an injustice to the consumer, since they should be able to choose whether they want to order hemp-derived products online or obtain a license and shop at dispensaries. 

Luckily, HB 952 was unsuccessful in banning these products.

But here are the key changes introduced by HB 952:

1. Limitation on THC Concentration:

Hemp-derived THC products, like delta-9 gummies online, in Louisiana must now contain no more than 5 mg of THC per serving, with a maximum of 40 mg per package.

This regulation aims to restrict excessively potent hemp-derived products on the market and how they may be "abused". The absurdity of this change is that users are easily able to consume multiple gummies to achieve the same high-potency effects, like intense euphoria or spiritual awakening. Many customers view these limits as unnecessarily restrictive, but at the same time they allow Louisianians to maintain access to these products. Sooo... that's awesome. 

2. Restrictions on Retail Locations:

HB 952 prohibits the sale of hemp-derived THC gummies in convenience stores that sell gasoline. This decision was made to reduce exposure to high-THC products in settings frequented by minors, customers who may not expect to encounter cannabis-related items or those who are in the process of operating a motor vehicle. 

This rule adds a layer of control over how and where hemp-derived THC products can be sold within Louisiana, directing consumers more toward specialty shops rather than convenience stores. This change doesn't make the most sense, considering these same types of consumers are exposed to beer, wine and hard alcohol at gas stations 24 hours a day in Louisiana!

3. Labeling and Safety Standards:

HB 952 mandates clear labeling requirements for hemp-derived products, ensuring consumers are informed about the THC content and any additional ingredients.

Unfortunately, many hemp edibles are labeled incorrectly, so it's very important to purchase from reputable brands who make their products at FDA registered and GMP certified manufacturing facilities. Brand's like us here at Sunday Scaries do this and we agree with this change to make labeling requirements stricter, including having a QR code on bottles that leads the user to third party lab results.  

The Legislative Debate Around Hemp and Marijuana-Derived Products

The recent passing of HB 952 was met with debate in Louisiana’s cannabis community.

At first, advocates from the marijuana industry pushed to restrict hemp-derived products in what some saw as a monopolistic move to centralize THC-related sales under the medical marijuana (and potential & eventual recreational) umbrella.

However, lawmakers ultimately sided with allowing regulated hemp products to remain accessible.

This development highlights an ongoing national and state-level discussion about how to balance economic interests with consumer choice and public safety.

While Louisiana has permitted medical marijuana, its approach to hemp-derived THC products shows a pragmatic middle ground, ensuring these products are available while implementing clear limitations.

Recent News and Emerging Trends

In 2024, Louisiana saw a growing trend of consumers turning to hemp-derived THC products, especially gummies, as a legal alternative to marijuana products.

The restrictions set forth in HB 952 aim to moderate the market but are also seen as an acknowledgment of the widespread popularity and demand for hemp-derived products.

Some industry stakeholders argue that Louisiana’s approach, with its THC cap per serving and package, could set a precedent for other states looking to regulate hemp-derived products without fully banning them.

While neighboring states continue to update their cannabis laws, Louisiana’s model presents a compromise between legalization and regulation, likely influencing future legislation across the South.

Staying Compliant: What The Bayou State Should Know

For those interested in purchasing hemp-derived THC gummies in Louisiana, it’s essential to be mindful of the following:

• Check THC Levels: Ensure that the product complies with Louisiana’s THC limits (5 mg per serving, 40 mg per package) to avoid potential legal issues. Even if you're covered federally by the 2018 Farm Bill. 

• Buy from Authorized Retailers: As HB 952 restricts the sale of these products in gas-selling convenience stores, consumers should seek out hemp-derived THC gummies in licensed stores, such as specialty shops or dedicated CBD and hemp retailers.

• Understand the Law: Marijuana-derived gummies are available only through the state’s medical marijuana program. Recreational possession or use remains illegal, and penalties can include fines or legal consequences.

Conclusion

THC gummies have a legal status in Louisiana that is similar to many other states, they are distinguished by their source.

Marijuana-derived gummies are legal only for qualified patients with medical cards.

Hemp-derived THC gummies are legally available to all adults, with clear regulations regarding THC content and purchase locations.

HB 952 solidifies Louisiana’s stance, allowing access to hemp-derived products while emphasizing safety and moderation.

As consumer demand grows and the cannabis industry continues to expand, Louisiana may find itself revisiting these regulations to further adapt to a changing market.

It's always important to stay updated on local laws in this ever-evolving industry. 

Frequently Asked Questions

Are THC gummies legal in other states?

For a comprehensive list and detailed map of the legality of THC gummies, check out our master article: Are THC Gummies Legal?