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Delta 8 THC in Arkansas: Is it Legal?

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Delta 8 THC is a cannabinoid found organically in the hemp plant that has seen rapid expansion in popularity nationwide with promising results in the medical and recreational fields. While Delta 8 THC has some properties familiar to the main chemical found in marijuana, Delta 9 THC, it has completely different effects along with generally less potency.

But now you have to ask, is Delta 8 THC legal in Arkansas?

Related article: What is Delta 8 THC?

No, Delta 8 THC is not legal in Arkansas

As of writing this (11/03/2020), Delta 8 THC is illegal under Arkansas state law.

It's unfortunate that Arkansas hasn't adopted similar laws to that of Delta 8 THC in Indiana, Delta 8 THC in Tennessee, or Delta 8 THC in Virginia.  You should definitely keep an eye on the laws in the coming months to see if anything changes.

The following bills highlight why Delta 8 THC is illegal in Arkansas

ARKANSAS INDUSTRIAL HEMP ACT 2-15-401

SECTION 1. DEFINITIONS

(5) “Cannabis” means all parts of the cannabis plant, whether growing or not, including its seeds, resin, compounds, salts, derivatives, and extracts. Cannabis does not include publicly marketable hemp products, as defined in this regulation.

(6) “CBD” means cannabidiol.

(9) “Delta-9-THC” means delta-9-tetrahydrocannabinol concentration (the primary intoxicating component of cannabis).

(13) “Industrial hemp” means all parts and varieties of the plant Cannabis sativa L. and any part of such plant cultivated or possessed by a licensed grower, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis. (Adopted by federal law in the Controlled Substances Act, 21 U.S. C. & 801 et seq. “Industrial hemp” has the same meaning as in 7 U.S.C. sec. 5940 as it currently exists or as it may be subsequently amended;

7 U.S. Code § 5940.Legitimacy of industrial hemp research

(2) Industrial hemp

The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(23) “Phytocannabinoids” are cannabinoids that occur naturally in the cannabis plant. The classical cannabinoids are formed through decarboxylation of their respective 2-carboxylic acids (2-COOH), a process which is catalyzed by heat, light or alkaline conditions.

(Full Bill)

HOUSE BILL 1415. ACT 329. ARKANSAS DEPARTMENT OF HEALTH - LIST OF CONTROLLED SUBSTANCES

SECTION 1. Arkansas Code § 5-64-215 is amended to read as follows: 23 5-64-215. Substances in Schedule VI.

(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;

(5) Synthetic substances, derivatives, or their isomers in the chemical structural classes described below in subdivisions (a)(5)(A)-(J) of this section and also specific unclassified substances in subdivision (a)(5)(K) of this section. Compounds of the structures described in this subdivision (a)(5), regardless of numerical designation of atomic positions, are included in this subdivision (a)(5). The synthetic substances, derivatives, or their isomers included in this subdivision (a)(5) are:

(A)(i) Tetrahydrocannabinols, including without limitation the following:

(a) Delta-1 cis or trans tetrahydrocannabinol, and its optical isomers;

(b) Delta-6 cis or trans tetrahydrocannabinol, and its optical isomers; and

(c) Delta-3.4 cis or trans tetrahydrocannabinol, and its optical isomers.

(Full Bill)

Arkansas and The Future of Hemp

If you want to see a change in these laws, we recommend you voice your opinions to your local and state lawmakers.

Although Delta 8 THC might be illegal in Arkansas, we still got you covered with our High Times Hemp Cup Award-Winning CBD! Whether it is CBD blunts, gummies, or just flower, all of our top-notch CBD is grown in the United States and we can ship it right to your front door, safely and discreetly!

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