Changes Related To The Sale Of Consumable Hemp: Labels and Certificates

In this article, you can learn about:

• There are regulations regarding the packaging of consumable hemp as of August 1, 2022.
• Labels that were approved and in use before August 1, 2022 can continue to be sold until July 2023.
• Only marijuana, not consumable hemp, is affected by tax changes.

What Legislative Changes Have Been Made To The Consumable Hemp Laws In Louisiana In 2022?

A few changes from the 2022 legislative session apply to manufacturers of consumable hemp. By extension, these new laws also apply to retailers because retailers are only permitted to sell items in compliance with the approved product list.

First, the legislature has placed a limit of 8 milligrams of total THC per serving – this does not apply to floral material but everything else.

Second, packaging and labels for marijuana products must now indicate:

• The product is “for adult use only” if it contains any THC.
• The recommended serving size (or less) so that the consumer can determine how much is an individual serving.
• The total THC both per serving and per package with the total number of servings indicated in milligrams per gram or milligrams per milliliter of the overall product.
• The certificates of analysis must now include the Phyto cannabinoid content expressed as a percentage of the overall product mass.

Third, there haven’t been significant changes to the rules regarding retailers. However, retailers should keep in mind that the new laws will cause changes in the list of approved products. Retailers are advised to only sell from that approved list.

How Do You Know If Your Packaging For A Marijuana Or Hemp Product Is In Compliance With The New 2022 Label Laws?

As in the past, all consumable hemp products have to be registered with the state through the Louisiana Department of Health. This is still the case – but today, label designs must indicate all the newly required information, including a certification that the contents came from hemp and not from any other source of cannabinoids that would be illegal under Louisiana law.

Consequently, these new labels have to be approved by the Louisiana Department of Health. Through the approval process, an attorney like myself will be familiar with each step and can counsel anyone who is trying to get a product approved that they manufacture or plan to distribute in the state of Louisiana.

When Will You Have To Stop Selling Marijuana Or Hemp Products With Outdated Packaging After The New Regulations In 2022?

Companies will now have to get the approval of their labels from the Louisiana Department of Health, and their labels will have to comply with the 2022 changed regulations.

The good news is there is a sell-down period for labels that were approved and in use before August 1, 2022. They can continue to be sold until July 2023. But for any manufacturer that wants to enter the market or continue in the market, they need to get a new label approved and get that through the process to sell that new product going forward.

This may mean that companies need to have their lab partner generate new certificates of analysis. It almost certainly means that they’re going to have to submit a new label design because, (unless their previous label design already complied, which most did not), they will need to get that approved by the Department of Health to continue their sales in Louisiana.

Do The New Laws From The 2022 Legislative Session Affect Businesses Selling Medical Marijuana?

In Louisiana, our medical marijuana businesses are tightly regulated. There are currently only nine pharmacies licensed in the state. These nine permitted pharmacies have the first right to any expansion of additional locations. All these things should not be of concern to those operating strictly in the consumable hemp field.

(There are additional tax and banking concerns if you’re involved in the medical marijuana business. But the taxes do not apply to the consumable hemp business.)

For more information on Consumable Hemp Law in Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 384-7770 today.