Delta 8 THC & Louisiana

PLEASE NOTE: AT THE TIME THIS BLOG WAS WRITTEN (JUNE 2022), DELTA 8 THC IS FULLY LEGAL IN THE STATE OF LOUISIANA AND IS REGULATED BY THE LOUISIANA DEPARTMENT OF HEALTH. PLEASE BE AWARE THAT DELTA 8 THC LAWS CAN LITERALLY CHANGE OVERNIGHT. AS THIS BLOG IS BEING POSTED LOUISIANA HOUSE BILL 758 HAS ALREADY PASSED THE HOUSE AND SENATE AND THE LAWS COULD CHANGE AGAIN VERY SOON.

WHAT IS DELTA 8 THC?

Recently reLeaf Therapy has started to carry its own brand of Delta 8 THC gummies. Many of you are probably scratching your heads. What is Delta 8 THC? We must start with Delta 9 THC, the main compound in cannabis that provides its psychoactive effect. If you've tried pot in any form, you've ingested Delta 9 THC. So, what is Delta 8 THC?

Delta 8 is a Tetrahydrocannabinol (THC) much like Delta 9. However, Delta 8 is derived from Hemp, whereas traditionally Delta 9 comes from Marijuana. Hemp and Marijuana are both Cannabis plants. Cannabis plants that contain 0.3 percent THC or less are considered Hemp. Delta 8 occurs naturally in Cannabis plants. Like Delta 9 THC, Delta 8 does produce intoxicating effects. Delta 8 THC is milder than Delta 9, and its main effect is relaxation.

Delta 8 is almost indistinguishable from Delta 9 except Delta 8 binds to the endocannabinoid system in a slightly different way. As such, Delta 8 is apparently less potent than Delta 9. More research needs to be done and you can still get high from Delta 8. So, what's all the fuss?

Here's the thing that has lawmakers worried: Delta 8 THC can be easily made from CBD/hemp; it falls into a legal gray area. Although Delta 8 THC is, as of now, legal in Louisiana you cannot buy Delta 8 legally in some other states. But if you want regular marijuana or Delta 9 products that are derived from marijuana, you must go to a state where it is recreationally legal or be in a state like Louisiana where you can get a medical card after a doctor visit.

DELTA 8 THC LAWS IN LOUISIANA

A lot of people ask us “How is Delta 8 legal?”. It all started with the 2018 Farm Bill that legalized Hemp and removed it from the controlled substances list. This allowed for the sale, purchase, and use of Hemp-derived cannabinoids like CBD and Delta 8 as long as they contain less than 0.3 percent Delta 9 THC.

As of now, in Louisiana, Delta 8 THC is legal if certain situations are met. The most obvious is that the Delta 9 THC percent must be under 0.3%, which is also a federal hemp law. Louisiana also has its own state law that prohibits the total THC percentage from going over 1% and this includes Delta 8 THC. Also, for any Delta 8 THC product to be legally sold in the state of Louisiana, that product must be registered and approved by the Louisiana Department of Health.

Please also be aware that Louisiana does not currently allow ANY inhalable hemp products to be sold in the state with the exception of hemp rolling papers. This means that Delta 8 THC vape products and Delta 8 THC pre-rolls are not allowed to be sold. You can however, purchase Delta 8 THC flower, as long as the product package states "not for inhalation". 

HOW MUCH DELTA 8 SHOULD I TAKE?

For users that are new to THC, we recommend starting at a low dose such as a quarter to a half of a gummy. Delta 8 gummies can sometimes take much longer than an hour to fully kick on so it is important to wait awhile before consuming more. Remember you can always take more if needed but it is important not to take too much when you are not used to consuming THC products. A good rule of thumb is if you have experience with Delta 9 THC edibles, then Delta 8 THC edibles will be similar but slightly less potent.

CAN I FAIL A DRUG TEST WITH DELTA 8?

While it’s currently legal in many states because it’s derived from hemp, yes, you might fail a drug test with delta 8 in your system. A lot of it will depend on the type of drug test being used as well as other factors such as how often someone consumes Delta 8 THC products, the amount of body fat a person has, eating habits, water intake, and more. It’s important to understand how drug tests work when it comes to THC, though. Most people think the tests look for Delta 9 THC metabolites. Currently, most drug tests aren’t quite that advanced enough yet. Instead, drug tests look for THC metabolites rather than any specific cannabinoid. Because of Delta 8 being a type of THC, it could very well make someone fail a drug test.

If you have no actual delta 9 THC in your system, this might be considered a false positive. Likewise, if you use a pure delta 8 product that contains 0.3% delta 9 THC or less, you may be able to explain to your employer that what you are taking is legal on a federal level. While you’re likely to pop positive on a THC drug test, it may not be enough to rule you out. Make sure you communicate with whoever you must take a drug test for. Inform them of the delta 8 product you wish to take and try to get confirmation or approval that you can use it beforehand. Hemp is still facing an uphill battle across much of the nation, but it’s making progress all the time. More people accept industrial hemp and its many uses every day.