Are THC Drinks Legal in Louisiana? (2026)

Are THC drinks legal? Every state

Tier

concentration cap

Limit

40 mg total THC per package (mg per container)

What the record says

Consumable hemp beverage: single serving <=5mg total THC and container must be at least 12 oz; each serving in an individual tamper-evident container; package (multi-container pack) capped at 4 individual containers (R.S. 3:1483(B)(6)(b)). No alcoholic beverage may contain consumable hemp (R.S. 3:1482(B)(1); R.S. 3:1483(C)(2)(c)). Louisiana runs a dual-agency consumable-hemp scheme: LDH handles product/label approval and processor permitting (R.S. 3:1483), ATC handles wholesale/retail permitting and enforcement (R.S. 3:1484). Both inhalable products (vapes) and raw floral/smokable hemp material are flatly barred from retail approval -- these are the two 'illegal' forms. All other ingestible forms are legal only within tight mg-based serving/package caps that Act 752 (2024) tightened materially versus the pre-2024 8mg/serving regime. A federal-preemption clause (R.S. 3:1482(E)) applies only when federal law is MORE restrictive than Louisiana's, not less. Industry litigation (Hemp Association of Louisiana v. LDAF/ATC, M.D. La., filed Oct. 2024) remains pending as of mid-2026 with no injunction issued, so Act 752 remains fully in force and enforced by ATC.

Controlling language, verbatim

The department shall not approve ... [a]ny inhalable consumable hemp product, including but not limited to vapes ... [or a]ny floral hemp material for retail sale. ... [E]ach serving shall not exceed five milligrams and shall be distinct and separate from other servings contained in the same package. A package shall not contain more than forty milligrams of total THC per package.

Source of excerpt

Citations

Federal

Federally restricted. Hemp delta-9 THC beverage - federally unscheduled inside the hemp definition; total THC standard and 0.4 mg per container cap take effect Dec 11 2026 Federal detail

THC drinks across the country

Neighboring states

• THC drinks in Arkansas Illegal
• THC drinks in Mississippi Restricted
• THC drinks in Texas Restricted

Related

• Delta-9 THC in Louisiana: every form
• THC ban in Louisiana
• Every compound in Louisiana
• THC drink brands on file (5)

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