Is Delta-8 THC Legal in Arkansas?
Yes. Delta-8 products are legal and available in Arkansas.
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In Arkansas, the legal status of Delta-8 THC is currently in a state of flux. Act 629, signed earlier in 2023, sought to ban the production and sale of products containing Delta-8 THC, classifying them as “poorly regulated products.” However, this act has been challenged in court.
A company named Bio Gen LLC filed a lawsuit against the state of Arkansas, claiming the law as unconstitutional. Consequently, a federal judge has placed a preliminary injunction on Act 629, meaning the state cannot enforce the ban until at least the bench trial, which is scheduled for August 27, 2024.
The injunction was granted because the judge found that there is a likelihood that Bio Gen LLC will win the lawsuit and would be harmed if the law is in effect. The judge also pointed out that the terms used in Act 629 were vague and not defined in the statute, potentially violating the U.S. Constitution's Due Process Clause.
This development is significant because Delta-8 THC products have gained popularity in Arkansas, particularly as a less expensive alternative to marijuana. The current legal uncertainty means that, for the time being, Delta-8 THC products can still be sold in Arkansas. However, this could change depending on the outcome of the legal proceedings.
It is important for consumers and businesses to stay informed about this evolving situation and to be prepared for changes in the legal status of Delta-8 THC in Arkansas.
Legal Status of Delta-9 in Arkansas
Legal Status of Marijuana in Arkansas
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