While some states have legalized the recreational use of marijuana, other states still prohibit the use of marijuana recreationally, including Louisiana.
Despite some states’ marijuana restrictions, CBD and low-level THC products can be found at retail stores.
In Louisiana, these hemp products are available for purchase at establishments, but how is this considered legal under the state’s marijuana laws?
How is delta-8 and delta-9 able to be legally sold?
Delta-8 and delta-9, as well as other THC and CBD products, were legalized by the Farm Bill, which legalized the production of hemp and brought forth a loophole when it comes to the production and sale of hemp products.
Because of this bill, hemp products are legal at the federal level as long as they are within the limits of THC levels.
According to White Sands Treatment, hemp-derived delta-9 THC is legal as long as products contain no more than 0.3% of THC per dry weight.
In this same vain, the Marijuana Policy Project says that delta-8 is legal when it’s extracted from hemp plants containing less THC than the legal limit, which is 0.3% delta-9 THC.
However, these products are considered federally controlled substances when extraction is from the marijuana plant.
What is delta-8?
According to the FDA, delta-8 is a psychoactive substance found in the cannabis plant, which produces both marijuana and hemp.
Delta-8 is one of more then 100 cannabinoids produced naturally by the cannabis plant, however, it is not found in significant quantities within the plant.
Texas Cannabis Clinic says that due to THC’s limited quantity in the cannabis plant’s natural form, delta-8 is the result of extracting THC from hemp CBD, which is then synthesized in order to produce a concentrated form of THC.
In short, delta-8 is a synthetic, weaker form of THC that’s derived from the hemp plant.
What is delta-9?
According to Healthline, delta-9 is the most abundant form of THC, which is also a cannabinoid within cannabis plants.
According to Texas Cannabis Clinic, opposed to delta-8, the extraction of delta-9 originates in a different kind of cannabis plant and its psychoactive effects are stronger. Additionally, the elaboration of delta-9 does not require chemicals, making it a natural component.
Delta-9 is the most common form of THC and is also considered the most potent form of THC.
The selling of delta-8 and delta-9 in Louisiana; What about state marijuana laws?
The Texas Cannabis Clinic says that delta-8, hemp and its derivatives, including hemp-derived delta-9, are legal at the federal level.
This allows for U.S. consumers to have easy, legal access to delta-8, delta-9 and other hemp products online and at stores. However, as stated previously, delta-9 derived from marijuana is not legal at the federal level.
On the state level, hemp-derived delta-9 is in fact legal in Louisiana, along with Delta-8, CBD and other hemp products.
As for the use of marijuana in Louisiana, medical marijuana use is legal, but recreational use remains illegal.
According to Louisiana State Cannabis, under the Louisiana Medical Marijuana Program, only qualified patients can legally purchase and consume marijuana in the state.
Additionally, the Louisiana Board of Pharmacy issues licenses to medical marijuana dispensaries. However, the Louisiana Department of Agriculture and Forestry does regulate the cultivation and testing of marijuana in Louisiana.
The use of recreational marijuana is strictly prohibited in Louisiana, yet Louisiana did decriminalize cannabis in 2021.
H/T: www.yahoo.com
