On Friday, the Louisiana Office of Alcohol and Tobacco Control (ATC) announced that it will issue citations to any retail permit holder selling Cannabidiol (CBD) oil products from their premises in Louisiana.
According to the agency, the Agriculture Act of 2018that legalizes hemp products containing less than 0.3 percent of TH conflicts with Louisiana law. Furthermore, the Louisiana Board of Pharmacy classifies CBD oil as a schedule I substance under the Louisiana Controlled Dangerous Substance Law.
Since marijuana is listed in Schedule I of the state’s list of controlled substances, no one, including board licensees, may possess or sell CBD oil. Violations of the Louisiana Revised Statues or Louisiana Administrative Code can subject a person to criminal and/or administrative action.
The guidance from the pharmacy board also states that Lousiana law does not make any distinction between CBD extracted from hemp and CBD extracted from marijuana. As a result, both are considered to be marijuana and are illegal under Louisiana law.
The ATC is currently waiting on guidance from the Louisiana Attorney General’s office on the conflict between state and federal law. In the meantime, the ATC states that it will be handing out citations to any business offering CBD products that appear on the agency’s banned list. Furthermore, while they will continue to process applications for CBD stores, they will not issue any new permits for those stores until they receive clarification.
This new guidance has the potential to impact several businesses across New Orleans, which could face administrative, or even criminal penalties if they continue to offer CBD products.