Delta-8 and Hemp THC Laws in Arkansas

How Arkansas law treats delta-8 and hemp thc products, from the state code and official state agencies.

Short answer: Arkansas bans intoxicating hemp-derived THC products. The Health Department's controlled substances list places delta-8 and delta-9 THC in Schedule VI; Act 629 of 2023, §§ 1, 6, 18; Ark. Dept. of Health List of Controlled Substances, Schedule VI (a)(2), (a)(5)(i) and notes *** and ****; Ark. Att'y Gen. press release, June 24, 2025

Delta-8 and hemp THC products	Arkansas bans intoxicating hemp-derived THC products. The Health Department's controlled substances list places delta-8 and delta-9 THC in Schedule VI; Act 629 of 2023, whose stated intent is to prohibit the production and sale of intoxicating substances derived from industrial hemp, added delta-10 THC and THC acetate esters (effective at once for people under 21 and from August 1, 2023 for adults), and a 2025 act added THCA, HHC and other hydrogenated, ether and synthetic forms of THC effective August 5, 2025. Hemp-derived CBD with no more than 0.3% delta-9 THC remains excluded. A federal court blocked enforcement in 2023, but the Attorney General announced that the U.S. Court of Appeals for the Eighth Circuit reversed that injunction on June 24, 2025, stating that anyone selling these products is now doing so in violation of the law. Act 629 text: https://arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2F&file=629.pdf&ddBienniumSession=2023%2F2023R (some sections of the Act carry a contingent effective date tied to an injunction; § 17). AG release: https://media.ark.org/ag/2025-06-24-BioGen-win-FINAL.pdf . The 2025 additions are marked ** in the list, whose note says substances added under Act 934 of 2025 took effect August 5, 2025 (Act 934 itself not read). Source: Act 629 of 2023, §§ 1, 6, 18; Ark. Dept. of Health List of Controlled Substances, Schedule VI (a)(2), (a)(5)(i) and notes * and ****; Ark. Att'y Gen. press release, June 24, 2025

Delta-8 and hemp THC products

Arkansas bans intoxicating hemp-derived THC products. The Health Department's controlled substances list places delta-8 and delta-9 THC in Schedule VI; Act 629 of 2023, whose stated intent is to prohibit the production and sale of intoxicating substances derived from industrial hemp, added delta-10 THC and THC acetate esters (effective at once for people under 21 and from August 1, 2023 for adults), and a 2025 act added THCA, HHC and other hydrogenated, ether and synthetic forms of THC effective August 5, 2025. Hemp-derived CBD with no more than 0.3% delta-9 THC remains excluded. A federal court blocked enforcement in 2023, but the Attorney General announced that the U.S. Court of Appeals for the Eighth Circuit reversed that injunction on June 24, 2025, stating that anyone selling these products is now doing so in violation of the law.

Act 629 text: https://arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2F&file=629.pdf&ddBienniumSession=2023%2F2023R (some sections of the Act carry a contingent effective date tied to an injunction; § 17). AG release: https://media.ark.org/ag/2025-06-24-BioGen-win-FINAL.pdf . The 2025 additions are marked **** in the list, whose note says substances added under Act 934 of 2025 took effect August 5, 2025 (Act 934 itself not read).

Source: Act 629 of 2023, §§ 1, 6, 18; Ark. Dept. of Health List of Controlled Substances, Schedule VI (a)(2), (a)(5)(i) and notes *** and ****; Ark. Att'y Gen. press release, June 24, 2025

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FAQ

Is delta-8 legal in Arkansas?

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.