An Arkansas law banning hemp-derived THC can now be enforced, following a ruling today from the Eighth Circuit Court of Appeals.
The court lifted a previous injunction that had blocked enforcement of Act 629, a 2023 law that classifies certain hemp products—like those containing delta-8 and THCA—as controlled substances similar to marijuana. Attorney General Tim Griffin said the decision allows his office to begin enforcement immediately.
“We’re going to be able to deal with this issue,” said Griffin. “Our hands have been tied, but they’re not tied anymore.”
Act 629 bans the sale of intoxicating hemp products and requires annual licensing for anyone manufacturing or selling such items. A federal judge initially blocked the law shortly after it was signed, citing vague language and potential conflict with the 2018 federal farm bill. But the appellate court ruled Tuesday that the law does not violate federal law, effectively clearing the way for its implementation. Governor Sarah Huckabee Sanders and Attorney General Griffin were also removed as defendants in the case.
Without the law in effect, delta-8 has been widely sold over the counter in Arkansas, despite its marijuana-like effects. Many products—such as gummies and beverages—have been made by chemically converting CBD or THC extracted from legal industrial hemp.
Griffin warned sellers they now have only weeks to comply.
“If you’re selling this, you have a couple weeks to clean your stuff up,” he said. “You’re doing it in violation of the law.”
The lawsuit was brought by several companies, including Bio Gen, LLC, Drippers Vape Shop, Smoker Friendly, and Hometown Hero, a CBD product manufacturer.
