Louisiana Vaping Association
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LAVA'S 2019 BREAKDOWN

2019 Legislation

Vape Bills:

HB38 - Frank Hoffmann A. No person shall distribute or cause to be distributed to persons under twenty-one years of age a promotional sample of any tobacco product, alternative nicotine product, or vapor product. T-21 BILL HB45 - Kirk Talbot UNDERAGE SALES HB244 - Vincent J. Pierre DEFINES VAPOR PRODUCT AS TOBBACO PRODUCT §925. Additional Requirements To the extent that they do not conflict, the provisions of this Chapter that provide for the regulation of tobacco products shall also apply to vapor products and alternative nicotine products. HB418 - Frank Hoffmann PERMITING Proposed law increases the present law permit fees as follows: (1) Retail dealer permit – increases from $25 to $50 per year. (2) Vending machine operator – increases from $75 to $100 per year. (3) Vending machine – increases from $5 to $25 per machine per year. (4) Wholesale dealer – increases from $75 to $150 per year.

CBD BILLS:

HB138 - Patrick Connick
(b) "Marijuana" shall not include the following: (i) Hemp.

(45) "Hemp" means the plant Cannabis sativa and any part of that plant,
including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

FDA APPROVAL

HB491 - Clay Schexnayder
(8) "Industrial hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more 0.3 percent on a dry weight basis.
(1) Establish criteria for industrial hemp seed approval.
(2) Develop sampling and testing procedures to ensure industrial hemp and
industrial hemp products cultivated pursuant to the authority of this Part do not exceed the 0.3 percent THC level.

HB509 - John Bagneris
H.(1) In any prosecution for operating a vehicle while intoxicated, if at the time of the commission of the alleged offense or within a reasonable time thereafter, the driver's blood contained five nanograms or more of delta 9-tetrahydrocannabinol per milliliter in whole blood, as shown by analysis of the defendant's blood, there shall be a rebuttable presumption that the defendant was under the influence of one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription as provided by R.S. 40:1050.1 et seq.

HB560 - Neil Abramson
A. There is hereby levied an excise tax upon each retail sale of hemp, hemp products, CBD and CBD products within the state of Louisiana. The tax levied in this Chapter shall be at the rate of fifteen percent of the retail sale of hemp, hemp products, CBD and CBD products. The excise tax shall be levied in addition to state and local sales and use tax.

§1694. Enforcement; use of tax stamps required
A. Tax stamps. In order to enforce the collection of the tax levied by this Chapter, the secretary shall design and have printed or manufactured stamps of such size and denomination as may be determined by him and so prepared as to permit them to be easily affixed to or stamped on hemp, hemp products, CBD or CBD products, or containers thereof.

Proposed law retains present law and authorizes an excise tax upon the retail sale of hemp, hemp products, CBD, and CBD products by a retailer to a consumer at the rate of 15%.

HB579 - Patrick Connick
This Chapter shall be known as the "Hemp Development Act".
Proposed law provides definitions for terms applicable to the growth and harvest of hemp. Specifically, proposed law defines hemp as the Cannabis sativa L. plant and any part of the plant that has a THC concentration of 0.3% or less on a dry weight basis.
Proposed law establishes hemp as an agricultural crop if grown by an individual licensed by the Dept. of Agriculture and Forestry.
Proposed law authorizes licensed individuals to plant, grow, harvest, possess, process, sell, or buy hemp.

SB61 - Gerald Boudreaux
A. The Louisiana Commission on Medicinal Plants is hereby created within the Department of Agriculture and Forestry to advise the commissioner on the regulation of medicinal plants to protect the interests, health, safety, and welfare of the citizens of Louisiana. The commission shall be domiciled in Baton Rouge.

 

2019 REGULAR SESSION INFORMATION BULLETIN

2019 Regular Session Senate Bulletin 

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The opinions contained herein are not a substitute for medical or legal advice. LAECR is not a neutral source of information, but advocates specifically for the Louisiana electronic cigarette industry.
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