ARKANSAS, USA — A lawsuit challenging the new ban on Delta 8 in Arkansas was filed a day before the law went into in effect on August 1, 2023.
The FDA describes Delta 8 as "a psychoactive substance found in the Cannabis sativa plant, of which marijuana and hemp are two varieties."
Act 629 went into effect this week, prohibiting “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.”
Click here to read the full law.
The lawsuit, filed by sellers of hemp products, is challenging the Arkansas law and is asking the court to file an injunction allowing sales to resume while the case moves forward.
The lawsuit claims Act 629 is in direct violation of multiple laws, including the Federal Agriculture Improvement Act of 2018, as well as infringing on the plaintiffs' industry and livelihood.
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."
Although store owners do want some regulation, they worry that restrictions may not even allow for medical marijuana.
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.
Related Story: Laws going into effect Aug. 1 in Arkansas
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