Arkansas’ Delta-8 Ban Survives Federal Court Challenge
Arkansas’ prohibition on many hemp-derived intoxicating products is back in force after a federal appeals court reversed an injunction that had temporarily blocked enforcement of the law.
Gov. Sarah Huckabee Sanders signed Act 629, originally introduced as Senate Bill 358, on April 11, 2023. The law adds several tetrahydrocannabinol compounds to Arkansas’ Schedule VI controlled-substances list and prohibits the growth, processing, sale, transfer, or possession of certain industrial-hemp products.
The law specifically addresses delta-8, delta-9, delta-10, and delta-6a,10a THC, along with their acetate esters and other psychoactive substances derived through synthetic chemical processes. It also changes how Arkansas calculates the allowable concentration of delta-9 THC in some hemp-derived products.
Act 629 took effect immediately under an emergency clause, but its prohibition applied in stages. The restrictions applied to people under 21 beginning April 11, 2023, and to adults beginning August 1, 2023.
Why Arkansas lawmakers targeted delta-8 products
Supporters of the legislation argued that intoxicating hemp products were being sold outside Arkansas’ regulated medical-marijuana system, including at convenience stores and other retailers where age verification was inconsistent. The bill’s sponsors also raised concerns about products marketed in packaging resembling candy and other items appealing to children.
Sen. Tyler Dees, one of the bill’s sponsors, characterized the products as a form of recreational marijuana. Arkansas Drug Director Tom Fisher likewise argued that the lack of consistent testing and oversight created risks for consumers.
Those concerns overlap with warnings from the U.S. Food and Drug Administration. The agency says delta-8 THC products have not been evaluated or approved for safe use and has reported concerns about inconsistent labeling, contamination, manufacturing methods, and accidental exposures involving children and pets. Delta-8 products may be sold as gummies, beverages, vape products, and other items that do not necessarily make their intoxicating effects obvious to consumers.
The federal hemp-law dispute
Delta-8 THC occurs naturally in cannabis in small quantities, so commercial products are commonly made by converting hemp-derived CBD into concentrated delta-8 THC. The 2018 Farm Bill established a federal framework for hemp containing no more than 0.3% delta-9 THC on a dry-weight basis and removed qualifying hemp from the federal definition of marijuana.
That framework did not specifically mention delta-8 THC. As a result, businesses and states have disagreed over whether hemp-derived delta-8 products fall within the federal definition of hemp and whether states may prohibit them. The U.S. Department of Agriculture’s hemp regulations govern hemp production, while the FDA regulates products made for human or animal consumption.
Arkansas’ law was challenged in federal court by hemp businesses that argued Act 629 conflicted with the 2018 Farm Bill and was unconstitutionally vague. In September 2023, a federal district judge issued a preliminary injunction blocking enforcement, including enforcement against products being transported through Arkansas.
That decision did not end the case. On June 24, 2025, the U.S. Court of Appeals for the Eighth Circuit reversed the injunction. The appeals court held that Arkansas could impose stricter rules on hemp and concluded that Act 629’s provision allowing the continuous transportation of federally compliant hemp protected interstate shipments. The ruling also rejected the argument that key terms in the law were unconstitutionally vague.
As a result, Act 629 may be enforced in Arkansas, subject to any further proceedings in the underlying litigation and later changes in state or federal law. The statute’s transportation exception remains important: it permits the continuous movement through Arkansas of hemp and hemp products produced in accordance with federal requirements, even though the state prohibits the sale or possession of many covered products within its borders.
Arkansas’ approach reflects a broader national disagreement over hemp-derived cannabinoids. Some states have banned delta-8 THC outright, while others have imposed age limits, testing requirements, packaging rules, or licensing systems. The legal status of these products therefore depends not only on the federal hemp definition but also on the law of the state where a product is manufactured, sold, possessed, or transported.
