Is CBD Legal in Arkansas?

by Kat Austin December 03, 2020 7 min read

Is CBD Legal in Arkansas? - VO Inc

Many people seek CBD oil in Arkansas for relief from issues like focus, sleep, and more.

Is CBD legal in Arkansas? Yes, CBD is legal in Arkansas, aligning mostly with federal laws, though there are key differences.

While CBD is generally accessible, some products may be prohibited for sale by Arkansas hemp farmers, and lax regulations could pose risks for consumers. Here’s what you need to know about CBD in Arkansas:

Table of Contents
Legal Concerns About CBD
What are the CBD laws in Arkansas?
Can you grow CBD in Arkansas?
Is full spectrum CBD legal in Arkansas?
Does Arkansas have a CBD possession limit?
Can doctors prescribe CBD in Arkansas?
Where to buy CBD in Arkansas?
Is CBD legal for minors in Arkansas?
Is CBD legal in all 50 states?
Resources

Disclaimer: We’re always working to stay informed on the latest CBD 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.

Key Takeaways

  • Arkansas’ CBD laws align mostly with federal regulations and are less restrictive, allowing hemp farmers to sell properly processed products, but they must hold a license.
  • There are no minimum age requirements for buying CBD oil in Arkansas; however, access may be challenging for consumers under 21.
  • While doctors can recommend CBD, a prescription is not required, and consumers should buy CBD online and vet brands to ensure quality due to the state's loose regulations.

Legal Concerns About CBD

A map showing Arkansas surrounded by other southern states where CBD laws are inconsistent.

CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.

Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.

Federal guidelines apply, but you must also follow your state's specific CBD regulations.

Multiple CBD oil products designed to be taken by mouth, which are generally accessible in Arkansas

What are the CBD laws in Arkansas?

In 2017, Arkansas legalized industrial hemp via the Arkansas Industrial Hemp Act, allowing the sale of CBD products with less than 0.3% THC while imposing minimal regulations and prohibiting the sale of unprocessed hemp flower.

Here are the details:

Arkansas passed the Arkansas Industrial Hemp Act in 2017, a new plan to legalize and expand the growth and production of industrial hemp within the state. Similar plans were enacted in many nearby states around the same time, like Texas, Mississippi, and Louisiana. Since 2018, the Arkansas State Plant Board (ASPB) has managed industrial hemp operations in the state.

According to the ASPB, the state of Arkansas defines industrial hemp the same way that it’s defined by federal law, as any cannabis plant with less than 0.3% THC.

The state has very liberal regulations on what they consider “publicly marketable hemp products.” These rules state that any CBD product that is to be legally sold in Arkansas must meet at least one of the following criteria:

  • Be derived from industrial hemp, as defined by state legislation.
  • Be approved by the FDA (To date, only one CBD-based medication, called Epidiolex, has FDA-approval)
  • Not include any living plant materials, seeds, or more than the legally allowable amount (0.3%) of THC.

Although these rules seem to imply that nearly any hemp product with less than 0.3% THC is legal, they impose one caveat—living hemp materials cannot be sold. That means that growers cannot sell unprocessed hemp flower directly to consumers. Smokable products, like hemp flower, are also banned by other states, like Tennessee or Idaho.

Any product that contains more than 0.3% THC is considered a cannabis product by the state of Arkansas. In the state, cannabis products are illegal for recreational use and are only approved on a limited basis as part of the state’s budding medical marijuana program.

Generally speaking, there are no consumer-centric laws that prohibit the purchase of CBD, so long as it meets the outlined requirements. The state also requires that anyone who wishes to grow hemp, whether for commercial or personal use, be licensed by the state.

In 2019, Arkansas further aligned with federal hemp laws when Republican Gov. Asa Hutchinson signed HB 1518 into law. This bill removed all forms of hemp-derived CBD from the Arkansas Controlled Substances list, including CBD products that are not yet FDA approved.

In short, CBD is legal in Arkansas, and there are sparse regulations and licensing requirements for growing and manufacturing. Similarly to nearby state Alabama, there are virtually no standards in place to ensure consumer quality, so you should tread carefully when purchasing CBD in the state.

Can you grow CBD in Arkansas?

Arkansas permits hemp farming, but requires that anyone who wishes to grow hemp be licensed by the state.

Arkansas began allowing farmers to grow hemp in 2019 as part of the 2014 Hemp Research Pilot Program approved by the federal government. During only the first year, Arkansas approved 125 different farms for the program across 51 different counties.

Is full spectrum CBD legal in Arkansas?

It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full spectrum CBD products may cause trouble in states where cannabis is illegal. Luckily, Arkansas has no laws restricting full spectrum CBD products that contain 0.3% THC or less.

Does Arkansas have a CBD possession limit?

To date, there are no possession limits for CBD products that meet legal guidelines. CBD products that contain over 0.3% THC may be classified as cannabis products, which are illegal in Arkansas outside of the state’s medical cannabis program.

Can doctors prescribe CBD in Arkansas?

In Arkansas, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states like Arkansas where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.

CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.

Where to buy CBD in Arkansas?

A variety of CBD product types that can be bought online and found in stores in Arkansas.

Arkansas actually has less restrictive regulations regarding CBD than the federal government. You can find CBD products all over the state, including in gas stations, wellness stores, and regular grocery stores.

However, this lack of regulation can be risky.

Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.

Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.

Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.

For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.

Can you buy CBD at 18 in Arkansas?

The legal age to buy CBD is unclear, with federal regulations allowing access for all ages, though some products like smokable hemp flower may not be suitable for everyone.

In Arkansas, there are no statewide regulations on the legal age for purchasing CBD, so age requirements can vary by jurisdiction and seller; many smoke shops enforce a minimum age of 21 due to tobacco laws.

However, most CBD brands permit customers aged 18 and older to order legal CBD products online and ship them to Arkansas.

 

Is CBD legal in all 50 states?

Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Arkansas, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.

FAQ - Is CBD Legal in Arkansas?

Do you need a prescription for CBD in Arkansas?

No, you do not need a prescription for CBD in Arkansas. CBD is legal in the state, and consumers can buy CBD oil and other CBD products without a prescription.

Is Delta 8 banned in Arkansas?

Yes, Delta 8 is banned in Arkansas. The state has prohibited the sale and use of Delta 8 THC products, aligning with regulations on cannabis products.

Can you smoke CBD in public in Arkansas?

While CBD itself is legal, smoking CBD in public can be subject to local regulations. It's advisable to check local laws regarding public consumption to avoid any issues.

Is CBD a controlled substance in Arkansas?

No, CBD is not classified as a controlled substance in Arkansas, provided it meets the legal criteria of being derived from industrial hemp with less than 0.3% THC.

In what 3 states is CBD illegal?

As of now, CBD is still illegal in states like Idaho, Nebraska, and South Dakota, where regulations on hemp-derived products remain strict.

Is CBD still considered a drug?

CBD is not classified as a drug in Arkansas if it is derived from hemp and meets the state’s legal requirements. However, it is still regulated, and some CBD products may require FDA approval.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Arkansas State Legislature HB1778” https://www.arkleg.state.ar.us/Bills/Detail?ddBienniumSession=2017%2F2017R&measureno=HB1778
  3. “Signed by the Governor: Arkansas Decriminalizes CBD Despite Ongoing Federal Prohibition” https://blog.tenthamendmentcenter.com/2019/03/signed-by-the-governor-arkansas-decriminalizes-cbd-despite-ongoing-federal-prohibition/
  4. “FDA Approves First Drug Comprised of an Active Ingredient Derived from Marijuana to Treat Rare, Severe Forms of Epilepsy” https://www.fda.gov/news-events/press-announcements/fda-approves-first-drug-comprised-active-ingredient-derived-marijuana-treat-rare-severe-forms

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