2019 Louisiana Laws
Revised Statutes
Title 47 - Revenue and Taxation
§1692. Definitions
RS 1692 - Definitions
As used in this Chapter, the following terms shall have the meaning ascribed to them in this Section unless the context clearly indicates otherwise:
(1) "CBD" means cannabidiol.
(2) Solely for purposes of the imposition of the industrial hemp-derived CBD tax, "consumer" means either a business entity or a person who purchases industrial hemp-derived CBD products.
(3) Solely for purposes of the imposition of the industrial hemp-derived CBD tax, "industrial hemp" means the plant Cannabis sativa 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 concentration of not more than 0.3 percent on a dry weight basis, and produced from hemp grown by a licensee authorized to grow hemp by the United States Department of Agriculture, or under an approved state plan pursuant to the Agriculture Improvement Act of 2018, P.L. 115-334, or under an authorized state pilot program pursuant to the Agriculture Act of 2014, P.L. 113-79. Industrial hemp shall not include plants of the Genus Cannabis that meet the definition of "marijuana" as defined in R.S. 40:961.
(4) "Industrial hemp-derived CBD product" means any industrial hemp-derived product that contains CBD intended for consumption or topical use.
(5) Solely for purposes of the imposition of the industrial hemp-derived CBD tax, "retail sale" means the sale or transfer of industrial hemp-derived CBD products to a consumer for any purpose other than for resale and shall include all transactions as the secretary, upon investigation, finds to be in lieu of sales. Resale shall include but not be limited to the sale of industrial hemp-derived CBD products for further processing into a product produced in accordance with R.S. 40:1046.
(6) Solely for purposes of the imposition of the industrial hemp-derived CBD tax, "retailer" means a person or entity that sells or offers for sale industrial hemp-derived CBD products to a consumer. Retailer shall also include any person or entity that imports or causes to be imported from any other state industrial hemp-derived CBD products for use or consumption.
(7) "Secretary" means the secretary of the Department of Revenue or his duly appointed representatives.
Acts 2019, No. 164, §3; Acts 2019, No. 247, §1, eff. Aug. 1, 2019.
NOTE: See Acts 2019, No. 247, re: tax year applicability.
