LAKE CHARLES, La. (KPLC) - It’s been a big conversation starter within the last few years.
However, questions are still being raised about the legality of sales of CBD products across the state.
“There was no regulations and no requirements that you had to go through, it’s a natural medicine, it’s a natural thing,” said local CBD retailer Daniel Deville.
Until now, that was the case for anyone selling CBD.
A new regulatory plan finally legalizes hemp production and CBD sales but puts limits on the kinds of CBD products that can be sold. Deville is the owner of Naeda Labs, a CBD retailer and manufacturer based in Lake Charles. He believes the new law will cause a bit of an issue for retailers.
“While it allows for CBD, anything taken orally or ingested has to be approved by the FDA,” said Deville. “The FDA does not approve CBD for anything ingestible at all. Anything under their regulation, they will not approve it so it’s a Catch-22.”
Under the new law, retailers are required to get a permit through the Louisiana Office of Alcohol and Tobacco Control (ATC) and meet a lengthy list of requirements to sell products containing CBD. The requirements include limits on the kinds of legal hemp products retailers can sell.
“We want to make sure the product is safe ... just because the label says it doesn’t really mean that’s what you’re getting," said Juana Lombard, Commissioner of ATC.
According to Deville, Naeda Labs manufactures a pure form of CBD which he distributes in oils, lotions and candy. Since the new regulations were announced, he says some clients have reached out, worried they won’t be able to find certain products that they’ve relied on for so long.
“Various pains you can treat topically, such as inflammation, but there’s a lot of things you can’t treat topically,” Deville said. “A lot of the individuals are either going to have to go online or out of state to get something that can be used orally and also be able to ingest it so they can get the full relief and benefits.”
To read House Bill 491, click here.
The new law takes effect immediately but won’t allow for hemp farming in 2019. That’s because the state Agricultural Chemistry and Seed Commission has until Oct. 15 to develop a plan to regulate hemp.
Some highlights of the Louisiana requirements:
- The sale of smokable hemp is prohibited.
- CBD products must be sold as food or cosmetics and not “marketed as a dietary supplement.”
- CBD products must carry scannable bar codes, QR codes or other information to verify the product’s certificate of analysis.
- CBD products must carry the warning, “This product has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure or prevent any disease.”
- CBD retail permits will be capped at $175 a year.
- Applications to sell CBD in Louisiana won’t be released until June 17.