Is Delta-8 THC Legal in Arkansas? (Sept. 2023 Update)

We personally test CBD products and may earn a commission if you shop through the links on this page. Here’s how we make money.

Arkansas passed a bill that adds delta-8 and other novel, hemp-derived forms of THC to the state’s list of controlled substances. But a judge blocked the law from being enforced. Here’s a closer look at delta 8 legality in the Natural State.

Summary

Delta-8 THC is legal in Arkansas thanks to a judge granting an injunction that stops the state from enforcing its ban on delta-8 and similar THC products.

---

If you want to buy high-quality delta 8 THC products, I recommend Extract Labs. It’s a transparent brand that provides up-to-date potency and contaminant third-party lab test results, which are crucial for getting a safe and effective delta 8 product.

Arkansas Delta 8 THC Laws

Arkansas governor Sarah Huckabee Sanders signed Senate Bill 358 into law on April 11, 2023, which went into effect on July 31. The bill bans delta-8 THC products by:

1. Adding delta-8, delta-9-acetate, delta-10, delta-6, and other “novel” forms of THC to the state’s list of controlled (illegal) substances.
2. Prohibiting the growth, processing, sale, transfer, or possession of industrial hemp that contains certain delta tetrahydrocannabinol substances.
3. Prohibiting hemp-derived products made through a synthetic chemical process that converts hemp substances (implying CBD) into delta-8, delta-9, and other forms of THC. This process is how delta-8 and other hemp-derived intoxicating products are made.

However, four Arkansas hemp companies sued the state, and the judge sided with them, granting an injunction that stopped the state from enforcing the delta-8 ban. As such, delta-8 THC and similar hemp-derived THC products are legal in Arkansas for now.

What is Delta 8 THC?

When people talk about THC, they usually mean delta-9 THC. Delta-8-tetrahydrocannabinol (delta-8 THC) is another, less common type of THC. It’s produced naturally in cannabis and hemp but in very small amounts.

The molecular structure of delta-8 THC is similar to delta-9 THC, so it can get you high and cause other similar effects (1). But D8 is not as strong as delta 9.

Why Delta 8 THC is Federally Legal

Delta-8-THC is legal federally thanks to the 2018 Farm Bill. The bill legalized hemp products in the United States.

Since delta-8-THC can be made from hemp-derived CBD through a chemical reaction, it’s considered a legal hemp product at the federal level.

Where is Delta-8 Illegal?

Every state can make its own decision regarding the legality of delta-8 THC.

Delta-8 THC is currently illegal in 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

State laws change regularly and other states may choose to regulate or ban delta-8.

The Future of Delta 8 THC in Arkansas

The only possible change I can see is that Arkansas decides to legalize adult-use marijuana. When that happens, delta-8 THC is likely to become regulated in the same way and sold at licensed cannabis stores.