Is Delta-8 THC Legal in Arkansas?

By | last updated February 24, 2022

Evidence Based 5

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Delta-8-THC appears to be legal in Arkansas. The state replaced an older hemp bill with a newer one in 2021, removing a key provision that previously banned delta-8 and other forms of THC.

Here’s why delta-8 is legal in the Natural State.


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Arkansas Delta 8 THC Laws

Delta 8 THC is legal in Arkansas thanks to House Bill 1640, which was passed in March 2021.

This bill replaced the older Arkansas Industrial Hemp Act (HB 1415), removing a key provision that previously made delta-8 illegal:

(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

HB 1415

Since this provision is not present in HB 1640, it means that hemp-derived products (like delta-8 THC) are exempt from the state’s list of controlled substances, making them legal.

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 14 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.

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

The Future of Delta 8 THC in Arkansas

Delta 8 appears to be legal in Arkansas. We don’t see that changing unless the state passes a new law.

There are also recent reports indicating marijuana could be legalized for adult use in the coming years. Should this become a reality, it would pave the way for delta-8 to become regulated in a similar way.

6 thoughts on “Is Delta-8 THC Legal in Arkansas?”

    • Thanks for the info. Many brick-and-mortar and even online vendors get away with selling delta 8 due to lack of enforcement. It looks like delta 8 is illegal in Arkansas but the laws are not 100% clear. Hopefully, the state government releases a statement to clarify.

      Reply
  1. Passed 09/22/2021

    HOUSE BILL 1640
    AN ACT TO AMEND THE LAW REGARDING INDUSTRIAL HEMP PRODUCTION; TO REPEAL THE ARKANSAS INDUSTRIAL HEMP ACT; TO ESTABLISH THE ARKANSAS INDUSTRIAL HEMP PRODUCTION ACT; AND FOR OTHER PURPOSES.
    SECTION 1. Arkansas Code Title 2, Chapter 15, Subchapter 4, is 24 repealed.
    2-15-506. Federal laws regarding industrial hemp.
    If any part of this subchapter conflicts with a provision of federal law relating to industrial hemp, the federal provision shall control to the extent of the conflict.

    Delta 8 has been legal in Arkansas since 9/22/2021 roughly 2 and a half months before this article was published.

    Reply
  2. Delta 8 has been legal since 9/22/2021 when Arkansas house bill 1640 went into effect. HB 1640 2-15-506. “Federal laws regarding industrial hemp.
    If any part of this subchapter conflicts with a provision of federal law relating to industrial hemp, the federal provision shall control to the extent of the conflict.”
    They repealed the Arkansas Industrial Hemp Act, and established the Arkansas Industrial Hemp Production Act which allows for hemp derived tetrahydrocannabinols like delta 8, delta 10, etc.

    Reply

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