HB 12: CRIME/MISDEMEANOR: Provides relative to the sale of consumable hemp products (EN SEE FISC NOTE GF EX) - Louisiana

Senate Floor Bureau Note, #2013, Morris, Jay, Adopted → HB12 Act · 5 edits

MODERATE

This bill enacts new laws to regulate the sale and possession of consumable hemp products, specifically prohibiting sales to anyone under 21 and criminalizing possession by minors. It also clarifies that industrial hemp remains exempt from controlled substance laws and adds specific exceptions for retailers operating without permits due to administrative delays or product approval issues.

Scope change

The bill expands the scope of Louisiana law to explicitly include consumable hemp products under the Uniform Controlled Dangerous Substances Law, whereas previous versions focused primarily on industrial hemp.

REQUIREMENT

Establishes a ban on selling or distributing consumable hemp products to anyone under the age of 21.

Updates penalty sections to include specific provisions for consumable hemp products, including a ten-year maximum prison sentence for violations involving these products.

ENFORCEMENT

Creates a new misdemeanor offense for minors (under 21) purchasing or possessing consumable hemp, punishable by a fine up to $100 and a citation that does not appear on criminal records.

Adds specific defenses for retailers, stating that operating without an active permit is not a violation if the permit was valid when applied for and was under review at the time of the alleged offense.

DEFINITION

Explicitly defines 'consumable hemp product' as defined in R.S. 3:1481 and subjects it to the same regulations as other controlled substances.

HB12 Original → Senate Floor Bureau Note, #2013, Morris, Jay, Adopted · 3 edits

MINOR

The Senate amendments refine the language of HB 12 to ensure legal consistency and clarity. Specifically, the bill now explicitly defines 'consumable hemp products' using an existing state statute, clarifies the enforcement agency responsible for alcohol and tobacco control, and removes redundant text regarding the Uniform Controlled Dangerous Substances Law.

Scope change

The bill's scope remains focused on regulating the sale and possession of consumable hemp by minors and defining penalties for violations, but the amendments tighten the legal definitions to align with current state law.

DEFINITION

Added a specific reference to R.S. 3:1481 to define what constitutes a 'consumable hemp product,' ensuring the term has a clear legal meaning.

ENFORCEMENT

Replaced the generic term 'Control' with 'the office of alcohol and tobacco control' to specify the exact agency responsible for enforcing these regulations.

TECHNICAL

Deleted a redundant clause that referenced the Uniform Controlled Dangerous Substances Law, streamlining the text to avoid potential legal conflicts.

HB12 Enrolled → HB12 Original · 4 edits

MODERATE

The bill was reclassified from an 'Enrolled' version to an 'Original' version, which corrected the bill number reference and removed a digest summary that was mistakenly included in the final text. Additionally, the bill's scope was narrowed to remove references to R.S. 40:966(A)(4) and (B)(4) and to delete a specific defense for retailers operating without an active permit, while the penalty for selling consumable hemp to minors was increased from $500-$1,000 to $1,000-$2,000.

Scope change

The bill's scope was narrowed by removing specific statutory references and a defense provision for permitless retailers, and the penalty for selling to minors was increased.

ENFORCEMENT

Increased the fine for selling consumable hemp to minors from $500-$1,000 to $1,000-$2,000.

Deleted a specific defense provision that allowed retailers to avoid penalties if they held a valid permit but were operating without an active renewal while waiting for review.

SCOPE

Removed references to R.S. 40:966(A)(4) and (B)(4) from the list of amended statutes.

TECHNICAL

Changed the document header from 'ENROLLED' to 'ORIGINAL' and removed an incorrect digest summary that was included in the final text.

HB12 Reengrossed → HB12 Enrolled · 4 edits · Jun 11, 2025

MODERATE

The bill was finalized as an enrolled version, removing internal legislative notes and renumbering the text for the official record. Substantively, the law now clarifies that minors cannot possess consumable hemp products and adds specific defenses for licensed businesses operating in good faith or for those who were renewing permits at the time of an alleged offense.

Scope change

The bill's scope remains focused on regulating consumable hemp products and defining penalties, but it now explicitly includes a defense for individuals operating under valid permit renewal processes.

DEFINITION

The definition of a prohibited act for minors now explicitly references the legal definition of 'consumable hemp product' found in R.S. 3:1481.

ENFORCEMENT

New provisions were added to protect licensed processors, wholesalers, and retailers from penalties if they were acting in good faith or renewing their permits at the time of an alleged violation.

A new defense was created for consumable hemp products that were approved by the Department of Health at the time of the alleged offense, provided the approval was not revoked more than 60 days prior.

TECHNICAL

Internal legislative headers, page numbers, and digest notes were removed to convert the bill from a draft version to the final enrolled version.

HB12 Engrossed → HB12 Reengrossed · 3 edits · Jun 3, 2025

MINOR

The bill was reengrossed to reorganize the text of Section 966, which outlines penalties for drug-related offenses. The changes primarily involve reordering and renumbering clauses to better integrate exceptions for industrial hemp processors and retailers who are acting in good faith. This reorganization clarifies that these specific actors are exempt from penalties when handling hemp products in compliance with federal and state regulations.

Scope change

The bill's substantive scope regarding penalties and exemptions remains unchanged, but the text structure was modified to improve clarity on who is exempt from prosecution.

TECHNICAL

The text of Section 966 was restructured to move the exemption for good-faith industrial hemp processors and retailers to a new subsection (b) before the general penalty clause.

Line numbers and paragraph numbering were adjusted to reflect the new text order, changing references from (3)(4) to (3) and (4) in different contexts.

The header and footer page counts were updated from 4 pages to 5 pages to accommodate the new text layout.

CRIME/MISDEMEANOR: Provides relative to the sale of consumable hemp products (EN SEE FISC NOTE GF EX)

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