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Challenging Arkansas Act 629: Is Delta 8 Legal in Arkansas?

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is delta 8 legal in arkansas, Arkansas Act 629, Arkansas Department of Finance and Administration, Arkansas Department of Agriculture, Abtin Mehdizadegan, pros and cons of Delta 8

LITTLE ROCK, Ark. (420CanNews) —  In a move that will give even the most seasoned stoners a head spin, many hemp businesses in Arkansas have decided to throw a stoner beanie into the legal ring. For the longest haul, people often ask the question “Is Delta 8 legal in Arkansas? The proponents of the Delta-8 THC ban in Arkansas Act 629 seem not-so thrilled about the “not chill” response from the affected hemp businesses. It seems they’ve decided to stomp all over some dreams. How considerate of them. 

The Curious Case of Arkansas Delta-8 THC Ban

Arkansas Act 629, the party pooper of the year, has taken a page from the Prohibition era, declaring products containing Delta-8, Delta-9, and Delta-10 THC unwelcome in the state. However, these cannabinoids have been federally legal since 2018. While they may be related to Delta-9 THC, they aren’t quite as mind-altering. Last year, the federal Ninth Circuit Court of Appeals ruled that Delta-8 THC is legal under the 2018 Farm Bill, setting a precedent in a trademark case. That’s no reason to rain on the hemp party, right?

The impressive cast of characters in the THC Ban lawsuit includes the state of Arkansas, Governor Sarah Huckabee Sanders, Attorney General Tim Griffin, the Arkansas Department of Finance and Administration, the Arkansas Tobacco Control Board, the Arkansas Department of Agriculture, the State Plant Board, and the oh-so-wise prosecuting attorneys of the state’s 28 judicial circuits. They believe it’s not their fault if Congress mistakenly included delta-8 THC legality in the Farm Bill. Talk about a brilliant display of wit and wisdom.

According to an article in the Arkansas Times, the plaintiffs, in this case, include BioGen, LLC of Fayetteville, Drippers Vape Shop, LLC of Greenbrier, The Cigarette Store, LLC of Colorado (doing business as Smoker Friendly), and Sky Marketing Corporation (doing business as Hometown Hero). Drippers is a specialized retailer focusing on hemp products, providing a range of offerings, including CBD, Delta-8, and Delta-9 THC derived from hemp. Abtin Mehdizadegan, the lead attorney representing these clients, explains that Arkansas Act 629 has forced them down a different path despite their efforts to avoid legal action.

Is Delta 8 Legal in Arkansas?

No. There are various reasons why Delta 8 is not legal as stated in the Arkansas Act 629. The act itself intends to prohibit “poorly-regulated products,” such as Delta 8, 9 and 10, which elicit effects similar to those of medical marijuana. A lack of regulation, which in some circumstances permits sales to minors and varies in the items’ quality, has been criticized by those opposed to Delta 8 and comparable chemicals. 

Furthermore, in places like Arkansas, where Tetrahydrocannabinols are officially listed as a controlled substance in their respective state’s legislation, it is unlawful to buy and sell industrial hemp-derived Delta 8 products online.  Delta 8 is particularly prohibited in Arkansas, making it difficult to locate within the state. Now that we know the answer to the question “Is Delta 8 legal in Arkansas? It is obvious enough that Delta 8 THC is illegal and so people will not be able to get it even if they have a medical card.

The Saga Continues

As hemp businesses emerge onto the legal stage, the spotlight is now on the pros and cons of Delta-8. This cannabinoid has ignited curiosity and controversy, with a cloud of uncertainty looming due to potential bans. The flourishing cannabis industry faces a formidable challenge as farmers risk becoming felons and retailers transform into unexpected outlaws. The journey is far from complete, and the stoner community observes with a blend of anticipation, skepticism, and perhaps a hint of weary resignation.

— Story Filed By 420CanNews Staff

Here’s More Information on the Topic:

Arkansas Hemp Firms File Suit against Delta-8 THC Ban

Hemp Businesses File Lawsuit over Arkansas’s Ban on Delta-8 THC

Lawsuit Filed over Arkansas Law Banning Sale and Production of Hemp Products