HLS 25RS-82 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 12
BY REPRESENTATIVE SCHLEGEL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME/MISDEMEANOR: Provides relative to the sale of consumable hemp products
1 AN ACT
2To amend and reenact R.S. 40:961.1 and R.S. 40:966(A)(3) and to enact R.S. 14:93.16 and
3 93.17 and R.S. 40:966(A)(4) and (B)(4), relative to unlawful sales of consumable
4 hemp; to provide for possession of consumable hemp by minors; to prohibit the
5 manufacturing and possession of consumable hemp under certain circumstances; to
6 provide for penalties; to provide exceptions for industrial hemp; and to provide for
7 related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 14:93.16 and 93.17 are hereby enacted to read as follows:
10 §93.16. Unlawful sales of consumable hemp products to persons under twenty-one
11 A. It is unlawful for any person to sell, distribute, dispense, or otherwise
12 deliver any consumable hemp product, as defined in R.S. 3:1481, to any person
13 under twenty-one years of age unless such person is the lawful owner or lawful
14 employee of an establishment to which the sale is being made and is accepting such
15 delivery pursuant to such ownership or employment. Lack of knowledge of the
16 person's age shall not be a defense.
17 B. Whoever violates the provisions of this Section shall be fined not less
18 than one thousand dollars nor more than two thousand dollars, or imprisoned for not
19 less than thirty days nor more than six months, or both.
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HB NO. 12
1 §93.17. Purchase and possession of consumable hemp products by a minor;
2 penalties
3 A. It is unlawful for any person under twenty-one years of age to purchase
4 or have possession of any consumable hemp product.
5 B.(1) Whoever violates the provisions of this Section shall be fined not more
6 than one hundred dollars.
7 (2) Any person apprehended while violating the provisions of this Section
8 shall be issued a citation by the apprehending law enforcement officer, which shall
9 be paid in the same manner as provided for the offenders of local traffic violations.
10 A citation issued by a law enforcement officer for such violation shall not be
11 included on the person's criminal history record.
12 Section 2. R.S. 40:961.1 and 966(A)(3) are hereby amended and reenacted and
1340:966(A)(4) and (B)(4) are hereby enacted to read as follows:
14 §961.1. Industrial hemp exemption
15 A. Notwithstanding the definitions provided for in R.S. 40:961(6) and (27),
16 the provisions of the Uniform Controlled Dangerous Substances Law shall not apply
17 to industrial hemp or consumable hemp products as provided for in Parts V and VI
18 of Chapter 10-A of Title 3 of the Louisiana Revised Statutes of 1950 that are
19 possessed, stored, cultivated, trimmed, dried, cured, and transported by a licensee in
20 accordance with Part V of Chapter 10-A of Title 3 of the Louisiana Revised Statutes
21 of 1950 or that are processed, distributed, sold, or offered to be sold by a permittee
22 in accordance with Part IV of Chapter 10-A of Title 3 of the Louisiana Revised
23 Statutes of 1950.
24 B. Nothing in this Part shall be construed to prohibit the transportation and
25 shipment of federally compliant hemp products through the state to the limited extent
26 currently provided by federal law. For the purposes of this Section, "through the
27 state" means from one geographic boundary of the state to another geographic
28 boundary of the state.
29 * * *
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HB NO. 12
1 §966. Penalty for distribution or possession with intent to distribute narcotic drugs
2 listed in Schedule I; possession of marijuana, synthetic cannabinoids, and
3 heroin
4 A. Manufacture; distribution. Except as authorized by this Part, it shall be
5 unlawful for any person knowingly or intentionally:
6 * * *
7 (3) To produce, manufacture, distribute, or dispense or possess with intent
8 to produce, manufacture, distribute, or dispense a consumable hemp product, as
9 defined in R.S. 3:1481, in violation of R.S. 3:1483.
10 (3) (4) To cultivate, possess, process, or sell industrial hemp, industrial hemp
11 products, or viable industrial hemp seeds not in accordance with the U.S. Agriculture
12 Improvement Act of 2018 or the plan submitted by the Department of Agriculture
13 and Forestry that is in compliance with U.S. Department of Agriculture rules.
14 * * *
15 B. Violations of Subsection A. Any person who violates Subsection A of
16 this Section with respect to:
17 * * *
18 (4) A consumable hemp product, shall be imprisoned, with or without hard
19 labor, for not less than one year nor more than ten years, or pay a fine of not more
20 than fifty thousand dollars, or both.
21 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 12 Original 2025 Regular Session Schlegel
Abstract: Creates the crime of selling consumable hemp products to a person under the age
of 21, the crime of purchasing or possessing of consumable hemp products by a
person under the age of 21, and the crime of producing consumable hemp products
without a permit.
Proposed law creates the crime of selling, distributing, dispensing, or otherwise delivering
consumable hemp products to a person under the age of 21. Proposed law sets the penalty
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HB NO. 12
for violations at not less than $1,000 nor more than $2,000, or not less than 30 days nor more
than 6 months imprisonment, or both.
Proposed law creates the crime of purchase or public possession of consumable hemp
products by a person under 21 years of age. Proposed law provides that the penalty for
violations shall be a citation and a $100 fine. Proposed law provides that the citation shall
not be included on the person's criminal history record.
Present law provides that the Uniform Controlled Dangerous Substances Law does not apply
to consumable hemp products.
Proposed law specifies which products are not affected by the Uniform Controlled
Dangerous Substances Law. Proposed law provides that transporting federally compliant
hemp products within the state shall not be prohibited.
Proposed law creates the crime of producing, manufacturing, distributing, dispensing, or
possessing with intent to produce, manufacture, distribute, or dispense consumable hemp
products to anyone when not in accordance with regulations of present law. Proposed law
sets the penalty for violations at not more than $50,000, or one year to 10 years
imprisonment with or without hard labor, or both.
(Amends R.S. 40:961.1 and 966(A)(3); Adds R.S. 14:93.16 and 93.17 and R.S. 40:966(A)(4)
and (B)(4))
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are additions.