
As states across the country continue to grapple with the legality of hemp-derived psychoactive cannabinoids such as delta-8 THC, Arkansas has become the latest to ban these compounds entirely.
Gov. Sarah Huckabee Sanders signed Senate Bill 358, now Act 629, into law April 11 to reclassify hemp-derived delta-9, delta-6a, delta-10, delta-10a and delta-8 THC as Schedule VI substances in Arkansas, according to the Arkansas Democrat-Gazette.
These cannabinoids have been widely sold after Congress passed the 2018 Farm Bill, which legalized industrial hemp containing no more than 0.3% delta-9 THC (but said nothing about other compounds).
Sen. Tyler Dees, R-Siloam Springs, and Rep. Jimmy Gazaway, R-Paragould, co-sponsored the legislation to ban delta-8 and other hemp-derived psychoactive cannabinoids in Arkansas, arguing that delta-8, in particular, was being marketed to children and sold at convenience stores where clerks do not verify customers’ IDs, the Arkansas Democrat-Gazette reported.
The legislation follows Arkansas voters’ decision to strike down a measure to legalize adult-use cannabis in the 2022 election.
“The voters have said we don't want recreational marijuana,” Dees said, according to the Arkansas Democrat-Gazette. “These [substances] are essentially recreational marijuana, synthetic recreational marijuana.”
Arkansas Drug Director Tom Fisher supports the new law and said that since the U.S. Food and Drug Administration (FDA) does not regulate delta-8 products, consumers may not know which of the products are safe to use, the Arkansas Democrat-Gazette reported.
“With the lack of regulation and oversight, [it] puts people at risk,” Fisher said, according to the news outlet.
The new law takes effect Aug. 1, the Arkansas Democrat-Gazette reported, but will still allow delta-8 products to be transported through the state.
In anticipation of legal challenges, lawmakers included a trigger clause in the bill that would enact regulations for delta-8 products if a court issues an injunction that bars the state from enforcing the law, according to the Arkansas Democrat-Gazette. Those regulations would include a requirement for retailers to secure a $5,000 license to sell delta-8 products.
Other states that have taken action on delta-8 this year include Virginia and Kentucky; the Virginia General Assembly approved legislation to more tightly regulate hemp-derived THC products, while Kentucky Gov. Andy Beshear signed an executive order to establish a regulatory framework for delta-8, specifically.
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