ARKANSAS, USA — SB358, now Act 629, prohibits "the growth, processing, sale, transfer, or possession of industrial hemp that contains certain delta tetrahydrocannabinol substances; to include delta-8, delta-9, and delta-10 tetrahydrocannabinol in the 16 lists of schedule 6 controlled substances."
The FDA describes Delta 8 as "a psychoactive substance found in the Cannabis sativa plant, of which marijuana and hemp are two varieties."
Dawn Harpell owns Miss D's CBD & Hemp Wellness Center in Rogers. She explained that Delta 8 products make up most of her business.
"They've become a great seller, a lot of CBD customers went to Delta 8 when it became available. It is something that can get you high like regular medical marijuana, recreational, it's not as intense as that stuff is and it doesn't cause anxiety," Harpell explained.
She further explained that customers aged 35 to 80 use the product for health purposes.
"It will wipe out about 85% of our products that we can sell in the store, which eliminates about 85% of my income," she said.
Senator Justin Boyd sponsored the bill and explained that the main concern for legislators was keeping the product out of the hands of children.
"I've seen some packages that are just sold at convenience stores that literally say 100 milligrams THC," the senator said. "So presumptively anybody could walk in and buy it regardless of your age."
He broke the bill down into three parts. Firstly, the emergency clause bans the product for kids immediately. Secondly, the law bans the product for everyone in the natural state 90 days after the signing of the bill.
"Our Department of Health already outlined certain products that were in schedule six. They believed as they reported to me that they believe these products all fell in line with that and were never legal in the first place," Senator Boyd explained. "What the purpose of this bill was, is really to put an exclamation on this and make it clear."
Thirdly, in the case of a lawsuit against the bill, a regulatory framework would be placed.
Harpell explained that store owners do want some regulation "So people like gas stations or businesses like gas stations, even vape stores won't be selling it because a lot of times they do not understand exactly what they're selling."
"The problem with the regulation is it is so restrictive that even medical marijuana couldn't survive under it," Harpell added.
CBD and hemp store owners shared their concern that medical marijuana was creating a sort of monopoly with Delta THC products acting as an alternative for consumers. Senator Boyd, in his role as a pharmacist, explained that the long-term effects of Delta THC products are still unknown, but that Arkansas voters already approved medical marijuana.
"The people of Arkansas have approved medical marijuana. And that is really the better fit. That's where these products should be obtained," he explained. "Where you go to a doctor, you obtain a diagnosis, get your card through the Health Department, and then you work through that system."
Senator Boyd said the ban for everyone in the state should come sometime around August 1. Until then Harpell said she'll continue to sell the product. She already expects lawsuits against the bill.
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