Is Delta 8 Legal in Louisiana?

Jun 02, 2025

Is Delta 8 Legal in Louisiana? (2025 Status)

As of 2025, Delta-8 THC remains legal in Louisiana, but under significantly tightened regulations that impact product potency, packaging, and retail availability.

In 2022, Louisiana enacted Act 498, which established a regulatory framework for consumable hemp products. This law permitted the sale of hemp-derived products, including Delta-8 THC, provided they contained no more than 0.3% delta-9 THC, a total THC concentration not exceeding 1%, and limited to 8 milligrams of total THC per serving. 

However, the most recent act, effective January 1, 2025, introduced stricter controls:

• Potency Limits: The maximum THC per serving has been reduced to 5 milligrams, with a cap of 40 milligrams per package. 

• Retail Restrictions: Sales of consumable hemp products are prohibited in gas stations and to individuals under 21 years of age. 

• Product Bans: The sale of hemp flower and inhalable hemp products, such as vapes, is banned.

These regulations mean that while Delta-8 THC is still legally available in Louisiana, it is subject to stringent controls. Consumers should ensure that products comply with the new potency limits and are purchased from authorized retailers. Purchasing from reputable sources that provide clear labeling and third-party lab testing, such as Moonwlkr, can help ensure compliance with state laws and product safety.

Why Delta 8 Laws Are Complex in Louisiana

Delta-8 THC's legal status in Louisiana is shaped by a combination of federal guidelines and state-specific regulations. While the 2018 Farm Bill federally legalized hemp-derived cannabinoids, including Delta-8 THC, states retain the authority to impose their own restrictions. Louisiana has exercised this right, leading to a unique and complex legal landscape for Delta-8 products within the state.

Hemp-Derived Delta 8 vs. Marijuana-Derived THC

Under the 2018 Farm Bill, hemp is defined as cannabis containing no more than 0.3% delta-9 THC on a dry weight basis. This definition excludes hemp and its derivatives from the Controlled Substances Act, effectively legalizing compounds like Delta-8 THC when derived from hemp. 

However, Delta-8 THC can also be synthesized from marijuana, which remains a Schedule I controlled substance under federal law. Therefore, the legality of Delta-8 THC hinges on its source: hemp-derived Delta-8 is federally legal, while marijuana-derived Delta-8 is not. This distinction allows states to regulate hemp-derived Delta-8 THC independently, leading to a patchwork of laws across the country. 

The 2018 Farm Bill’s Role in Delta 8 Sales

The 2018 Farm Bill removed hemp and its derivatives from the federal list of controlled substances, provided they contain no more than 0.3% delta-9 THC. This legislative change opened the door for the production and sale of hemp-derived cannabinoids, including Delta-8 THC. 

However, the Farm Bill also granted states the authority to regulate hemp production and products within their borders. As a result, while Delta-8 THC may be federally legal when derived from hemp, its legality can vary at the state level based on individual state laws and regulations. 

In Louisiana, this has led to specific laws governing the sale and distribution of Delta-8 THC products, including potency limits and restrictions on certain product forms. These state-specific regulations contribute to the complexity of Delta-8 THC's legal status in Louisiana, requiring consumers and businesses to navigate both federal and state laws to ensure compliance.

Louisiana Laws on Delta 8 THC

Louisiana's regulatory framework for Delta-8 THC is defined by specific statutes and administrative rules that set strict parameters for consumable hemp products.

• THC Concentration Limits: Consumable hemp products must not exceed 0.3% delta-9 THC and 1% total THC on a dry weight basis. 

• Per Serving and Package Limits: Each serving is limited to a maximum of 5 milligrams of total THC, with packages not exceeding 40 milligrams of total THC. 

• Product Form Restrictions: Products intended for inhalation, such as vapes and smokable hemp flowers, are prohibited.

• Labeling and Testing: All consumable hemp products must undergo testing by an independent laboratory and include a certificate of analysis.
  
  

Is Delta-8 Considered a Controlled Substance in Louisiana?

Delta-8 THC is not classified as a controlled substance in Louisiana. However, it is subject to stringent regulations under the state's hemp laws. Non-compliance with these regulations can result in penalties, including fines and product seizures. 

Key Legislative or Regulatory Updates (2022–2025)

• Act 498 (2022): Established foundational regulations for consumable hemp products, including THC concentration limits and labeling requirements.

• Act 344 (2023): Introduced further restrictions, such as prohibiting sales of consumable hemp products in gas stations and to individuals under 21 years of age.

• 2025 Emergency Rule: Implemented by the Louisiana Department of Health, this rule reinforced existing regulations and clarified enforcement protocols for consumable hemp products.
  
  

These legislative actions reflect Louisiana's commitment to regulating Delta-8 THC and other hemp-derived products to ensure consumer safety and compliance with federal standards.

Can You Buy Delta 8 in Louisiana?

As of January 1, 2025, Louisiana permits the sale of Delta-8 THC products in licensed retail establishments, such as CBD shops and wellness stores. However, these products must comply with stringent state regulations:

• Potency Limits: Each serving must contain no more than 5 milligrams of total THC, with a maximum of 40 milligrams per package.

• Product Restrictions: Inhalable products, including vapes and smokable hemp flower, are prohibited.

• Sales Restrictions: Gas stations and convenience stores are barred from selling any hemp-derived THC products. 

• Age Requirement: Purchasers must be at least 21 years old.
  
  

Retailers must also ensure that products are registered with the Louisiana Department of Health and include appropriate labeling and third-party lab testing to verify compliance.

Buying Delta-8 Online in Louisiana

Louisiana residents can legally purchase Delta-8 THC products online, provided these products adhere to state regulations. When buying online, consumers should verify that:

• Compliance: Products meet Louisiana's potency limits and are free from prohibited forms, such as inhalables.

• Transparency: Sellers provide clear labeling and accessible certificates of analysis from independent labs.

• Reputation: The brand has a track record of compliance and positive customer reviews.
  
  

Purchasing from reputable brands like Moonwlkr ensures that consumers receive products that are not only compliant with Louisiana laws but also prioritize safety and quality.

Best Delta 8 Products for Louisiana Consumers

With Louisiana’s 2025 regulations now fully in effect, only a limited category of Delta 8 products remain legal for sale and use. For consumers, that means carefully choosing products that comply with the state’s strict THC caps, formulation rules, and labeling standards. Below are the best legally available options — including compliant Delta 8, as well as safe and effective alternatives — from trusted brands like Moonwlkr.

Delta 8 Gummies – Flavorful, Legal, Easy to Dose

In Louisiana, consumable hemp products must adhere to strict regulations, including a maximum of 5 milligrams of total THC per serving and a cap of 40 milligrams per package. Moonwlkr's Delta 8 gummies are formulated to comply with these limits, offering a legal and convenient option for consumers.

These gummies come in various flavors and are precisely dosed, making them suitable for those seeking relaxation, mood enhancement, or sleepsupport. Each batch undergoes third-party lab testing to ensure compliance with state laws and to verify potency and purity.

Delta 8 Vapes – Fast-Acting Effects

As of January 1, 2025, Louisiana law prohibits the sale of inhalable hemp products, including Delta 8 vape cartridges. This ban encompasses all forms intended for inhalation, such as vapes and smokable hemp flower.

Therefore, consumers in Louisiana should avoid purchasing Delta 8 vapes, as they are not legally available within the state.

Legal Alternatives – Compliant Delta 9, CBN, or Full-Spectrum CBD

For those seeking alternatives to Delta 8 products, Moonwlkr offers a range of compliant options that align with Louisiana's legal requirements:

• Delta 9: Derived from hemp and containing less than 0.3% Delta 9 THC by dry weight, these Delta 9 gummies provide a legal option for consumers seeking the effects associated with Delta 9 THC.

• CBN Products: Known for their potential sleep-supporting properties, CBN-infused products offer a non-intoxicating alternative for those looking to improve sleep quality.

• Full-Spectrum CBD: These products contain a range of cannabinoids, including trace amounts of THC, and are designed to promote relaxation and overall wellness without significant psychoactive effects.
  
  

All of these alternatives are formulated to comply with Louisiana's hemp regulations, ensuring that consumers can enjoy their benefits legally and safely.

Final Thoughts: Staying Legal with Delta 8 in Louisiana

Delta-8 THC remains legal in Louisiana, but only under specific conditions. Products must meet the following criteria to be compliant:

• No more than 5 mg of total THC per serving

• No more than 40 mg of total THC per package

• Must be ingestible only — inhalable forms like vapes and hemp flower are banned

• Must be registered with the Louisiana Department of Health

• Must include third-party lab testing and compliant labeling

• Can only be sold to consumers 21 and older, and not through gas stations
  
  

Consumers should avoid unverified products or retailers that fail to follow state laws. Reputable companies like Moonwlkr offer fully compliant, lab-tested Delta 8 and legal alternatives, ensuring both safety and legality.