Is Delta-9 THC Legal in Arkansas?
Yes. Delta-9 products are legal and available in Arkansas.
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In Arkansas, the legal status of Delta-9 THC is currently under judicial review due to a recent legal challenge. Act 629, enacted in 2023, intended to ban the production and sales of products containing Delta-8, Delta-9, and Delta-10 THC. However, this Act has been temporarily blocked by a federal judge's preliminary injunction, meaning the state cannot enforce the ban until further judicial review.
The injunction was granted following a lawsuit filed by several businesses, arguing that the law was "unconstitutionally vague" and "preempted" by the 2018 Farm Bill. The 2018 Farm Bill federally legalized hemp and its derivatives, including some forms of THC, as long as they contain no more than 0.3% Delta-9 THC on a dry weight basis.
The judge's decision was based on several factors, including potential violations of federal law and the law's lack of clarity. The ruling emphasized that while Arkansas can regulate hemp production within its borders, it cannot interfere with the transport of hemp products through the state, as this would conflict with federal law.
Additionally, the judge noted that Act 629 contains language that could confuse even well-informed readers, citing vague terms and the potential for criminal punishment if misunderstood or misapplied.
As a result of this ruling, the enforcement of Act 629 is on hold, and products containing Delta-9 THC can still be legally sold in Arkansas, pending further legal proceedings. The situation remains fluid, and the final legal status of Delta-9 THC in Arkansas will depend on the outcomes of future court rulings.
Legal Status of Delta-8 in Arkansas
Legal Status of Marijuana in Arkansas
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