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louisiana cbd ban

Similar legislation legalizing medical cannabis flower was enacted in Minnesota earlier this year. Louisiana and Minnesota were among the only states barring medical cannabis patients from accessing flower.

Beginning next year, registered medical cannabis patients will be able to purchase up to two and a half ounces of medical cannabis flower per 14 day period from licensed providers.

Louisiana Governor John Bel Edwards (D) has signed legislation into law, House Bill 391, repealing the state’s ban on herbal cannabis for medically authorized patients.

The new law, which takes effect on January 1, 2022, will for the first time allow state-registered patients to obtain “raw or crude” cannabis for the purpose of “inhalation.” The state’s access program currently limits patients to non-inhaled forms of cannabis, like infused oils.

Governor John Bel Edwards (D) also signed legislation into law last week removing the threat of jail time for low-level marijuana possession offenses. The reduced penalties law takes effect on August 1, 2021.

Louisiana cbd ban

At the time of publication, there are 18 state programs that have received approval, as well as 31 tribes and the Virgin Islands.

Jacob Irving, compliance officer at Ilera Holistic Healthcare, agrees with this interpretation.

However since the new law does not impact the medical cannabis program directly, he wouldn't necessarily call it a step back.

To address this issue, the 2018 Farm Bill explicitly prohibits states from interfering with the transportation of legal hemp through their state, and establishes that the federal law itself does not prohibit interstate commerce.

Louisiana Also Bans CBD Edibles

“Court decisions on this issue were mixed, but many courts held that it was in fact possible for 2014 Hemp to be Federally legal, while state illegal,” Irving said.

However, the bill didn’t change each state's criminal statutes to exclude hemp.

This became a problem for states dealing with interstate transportation of hemp products, says Jacob Irving, from Ilera Holistic Healthcare.

Why Do States Ban Smokable Hemp?

The signing of the 2018 Farm Bill by President Donald Trump led to a generalized belief that hemp-CBD products had been universally legalized across the country.

“The penalties have most to do with working with law enforcement to allow CBD in a legal form without interfering with their ability to go after the black market,” said Irving.