The Arkansas House Rules Committee met Tuesday to talk about the state’s contentious prohibition on Delta-8 and other THC products made from hemp. The discussion comes after a recent federal court decision affirmed Act 629of 2023, the law that forbids the use of Delta-8 and other THC products derived from hemp. The forum provided insight into how the state intends to implement the prohibition and address outstanding issues.
The law, the lawsuit and the latest ruling
Act 629, according to Arkansas lawmakers, is required to shield children from unregulated goods offered in smoke shops and convenience stores. Many small firms didn’t agree. For many small company owners, Delta-8 was crucial, but it was still inaccessible to children.
Four companies from Arkansas filed a lawsuit, claiming that the state’s legislation was too ambiguous and at odds with the federal Farm Bill of 2018, which opened a loophole that permitted the use of hemp and its derivatives. At the time, a federal district court suspended the law’s enforcement, agreeing with the plaintiffs for the time being at least. This allowed Arkansans to buy Delta hemp products in the state, usually in the form of edibles or Delta-infused drinks that were mostly sold at liquor stores.
However, the Eighth Circuit Court of Appeals reversed that decision this week, supporting the state. The court ruled that the legislation is not unconstitutionally ambiguous and that Arkansas has the right to ban these narcotics. However, the decision is not yet final. Although the court has not yet issued a formal mandate for the ban, state officials anticipate doing so shortly.
Rules Committee
Deputy Attorney General Alex Benton and Alcoholic Beverage Control Director Christy Bjornson testified before the House Rules Committee. What we discovered throughout the Q&A session is as follows:
- The AG s office and the Governor personally championed the law, which Benton called one of their biggest legal wins to date.
-
Benton accused industry groups of spreading misinformation about Delta-8 and emphasized that, while the Farm Bill legalized hemp, it didn t
require
states to allow it to be sold. - When asked if Delta-8 has medical benefits (for example, for cancer patients), Benton agreed that it did, but pointed to Arkansas medical marijuana program as the appropriate legal pathway.
- Benton noted that the litigation isn t quite over; plaintiffs could still appeal to the U.S. Supreme Court, and new legal questions are likely to emerge as the law is enforced and the lawsuit proceeds through the court system.
-
The AG s office expects further legal challenges, especially around
THCa
, a compound not clearly addressed in the 2023 law.
- The ABC is waiting for the court s final mandate before formally enforcing the law, but they ve already begun courtesy visits to over 1,500 licensed businesses to let them know the ban is coming.
- Bjornson said these visits aim to give businesses a chance to comply and ask questions. It s been pretty successful to have an in-person touch, she said.
- ABC says they ll eventually try to visit all 5,000 tobacco-permitted establishments across the state. They did not say how many liquor-permitted establishments have been notified via an in-person visit.
- When asked whether there will be an amnesty period or transition process for businesses that previously sold Delta-8 legally, Bjornson said that s the purpose of the current visits; she didn t offer clear details on what enforcement will look like.
- Selling Delta-8 after the mandate takes effect could lead to arrest and prosecution, according to ABC. It s unclear whether simple possession will also be criminalized.
What s next?
Many Arkansans, particularly small business owners, are now in limbo as state officials hail the court’s ruling as a victory for public safety. Although there will be enforcement, there is still a lack of clarity around what constitutes compliance, how it will be enforced, and what will happen to customers who may still have these devices in their homes.
This discussion also raises more general concerns about who benefits from cannabis and hemp regulations in Arkansas. Advocates have argued that the state’s claim to protect consumers is undermined because a ban on Delta-8 without improved regulation or testing standards accomplishes little to educate people about what is safe, what is lawful, and what is actively dangerous.
This serves as an example of how Arkansas strikes a balance between individual liberties, corporate rights, and consumer safety. And when those choices are made, it’s all about who gets a place at the table. We’ll be keeping an eye on this law and keeping you updated as it approaches enforcement.
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