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The legal status of hemp and cannabis products vary greatly by state, which can make it difficult to find reliable information regarding the legal status of Delta-8. If you’re looking to experience the mildly psychoactive cannabinoid for yourself, you may be wondering “Is Delta-8-THC legal in Arkansas?”
The answer is yes, Delta-8 is currently legal in Arkansas. Although lawmakers tried to ban Delta-8 in 2023, the decision was blocked by a U.S District Judge.
Let's take a look at the official Arkansas Delta-8 laws to help you better understand the state's hemp climate:
Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
Arkansas Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Arkansas?
Delta-8-THC Possession Limits in Arkansas
Is Delta-9-THC Legal in Arkansas?
Where to Buy Delta-8 in Arkansas
Is Delta-8 Legal in All 50 States?
Resources
Arkansas is home to a budding medical cannabis program and the state has legalized many different hemp preparations, including various CBD products. This legislation is similar to that of many hemp-friendly states in that it aligns Arkansas law with federal definitions. Hemp is any cannabis plant containing no more than 0.3% Delta-9-THC on a dry weight basis, including its naturally derived cannabinoids.
However, the state pushed Act 629 through in 2023, effectively banning hemp THC, aside from Delta-9 in concentrations of 0.3% or less.
However, several cannabis distributers sued the state, claiming that the new law violated the U.S. Constitution's Commerce and Supremacy clauses. On August 23 of 2023, U S. District Judge Billy Roy Wilson blocked the state from enforcing Act 629, maintaining Delta-8's legal status in the state.
Many of Arkansas' neighboring states (like Mississippi, Tennessee, and Oklahoma) have legalized Delta-8.
Here are some snippets from the original text:
(5) “Cannabis” means all parts of the cannabis plant, whether growing or not, including its seeds, resin, compounds, salts, derivatives, and extracts. Cannabis does not include publicly marketable hemp products, as defined in this regulation.
(6) “CBD” means cannabidiol.
(9) “Delta-9-THC” means delta-9-tetrahydrocannabinol concentration (the primary intoxicating component of cannabis).
(13) “Industrial hemp” means all parts and varieties of the plant Cannabis sativa L. and any part of such plant cultivated or possessed by a licensed grower, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis. (Adopted by federal law in the Controlled Substances Act, 21 U.S. C. & 801 et seq. “Industrial hemp” has the same meaning as in 7 U.S.C. sec. 5940 as it currently exists or as it may be subsequently amended;
7 U.S. Code § 5940.Legitimacy of industrial hemp research
(2) Industrial hemp
The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
(23) “Phytocannabinoids” are cannabinoids that occur naturally in the cannabis plant. The classical cannabinoids are formed through decarboxylation of their respective 2-carboxylic acids (2-COOH), a process which is catalyzed by heat, light or alkaline conditions.
SECTION 1. Arkansas Code § 5-64-215 is amended to read as follows: 23 5-64-215. Substances in Schedule VI.
(a) In addition to any substance placed in Schedule VI by the Director of the Department of Health under § 5-64-214, any material, compound, mixture, or preparation, whether produced directly or indirectly from a substance of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, that contains any quantity of the following substances, or that contains any of their salts, isomers, and salts of isomers when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation, is included in Schedule VI:
(1) Marijuana;
(2) Tetrahydrocannabinols;
(3) A synthetic equivalent of:
(A) The substance contained in the Cannabis plant; or
(B) The substance contained in the resinous extractives of
the genus Cannabis;
(5) Synthetic substances, derivatives, or their isomers in the chemical structural classes described below in subdivisions (a)(5)(A)-(J) of this section and also specific unclassified substances in subdivision (a)(5)(K) of this section. Compounds of the structures described in this subdivision (a)(5), regardless of numerical designation of atomic positions, are included in this subdivision (a)(5). The synthetic substances, derivatives, or their isomers included in this subdivision (a)(5) are:
(A)(i) Tetrahydrocannabinols, including without limitation the following:
(a) Delta-1 cis or trans tetrahydrocannabinol, and its optical isomers;
(b) Delta-6 cis or trans tetrahydrocannabinol, and its optical isomers; and
(c) Delta-3.4 cis or trans tetrahydrocannabinol, and its optical isomers.
To further clarify, the state classifies all preparations of THC, including those derived by a combination of extraction and synthetization, as Schedule VI Controlled Substances. However, a federal judge has specifically blocked the state from classifying Delta-8 and similar cannabinoids derived from hemp as a Controlled Substance.
There are no Delta-8 possession limits in place in Arkansas.
Arkansas passed Issue 6 on November 8, 2016, officially opening the medical cannabis market in the state. Therefore, cannabis is currently only legal for qualifying medical consumers in Arkansas.
Recreational cannabis remains illegal in Arkansas, but the several areas in the state have voted to make anti-cannabis law enforcement a low priority.
Still, possession of less than 4 ounces of cannabis (or the concentrated equivalent) could be punishable by misdemeanor charges and up to one year in jail. Multiple offenses or possession of more than 4 ounces is to be charged with a felony and can result in a prison sentence of up to 6 years and fines of up to $10,000.
Delta-8-THC is legal in Arkansas, though the shaky legality has caused some retailers to pull products from the shelf. Delta-8 may still be available in some areas within the state, but it's crucial to carefully consider the quality of these Delta-8-THC products before you buy.
In places where Delta-8-THC is legal, many people prefer to shop online. It's advisable to proceed with caution when choosing a Delta-8 distributor. Shopping online allows you to buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.
At Vida Optima, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.
Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in Arkansas according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.
Yes, Delta-9 THC is legal in Arkansas if it is derived from hemp and contains no more than 0.3% Delta-9 THC on a dry weight basis. Alternatively, the state has a medical marijuana program accessible to qualifying patients.
Yes, you can legally fly with Delta-8 THC, provided it is legal in both the departure and destination states and meets federal guidelines (Delta-9 THC content of less than 0.3%).
Delta-8 and Delta-10 are both cannabinoids derived from hemp. Delta-8 is known for its mild psychoactive effects, while Delta-10 is considered to produce a more uplifting, sativa-like high. Both are less potent than Delta-9 THC.
Delta-8 THC is banned in several states, including Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, North Dakota, Rhode Island, Utah, Vermont, and Washington.
As of September 8, 2023, a judge has blocked an Arkansas law from banning Delta-8 THC products, meaning Delta-8 remains legal in the state.
You can find more information about the legal status of Delta-8 in Arkansas on the Arkansas Department of Agriculture's website.
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