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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.
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.
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Table of Contents
Arkansas Delta 8 THC Laws
- 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.
- Prohibiting the growth, processing, sale, transfer, or possession of industrial hemp that contains certain delta tetrahydrocannabinol substances.
- 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.
Gleb is a freelance writer from Vancouver, Canada specializing in CBD and cannabis. He’s read thousands of studies on CBD and other supplements, helping him translate complex science into plain language. Gleb has tried and reviewed dozens of CBD brands and products, written third-party testing reports, and knows the CBD industry inside and out. When not writing, he likes to kickbox, travel, and tell everyone how awesome intermittent fasting is.