On Tuesday the Arkansas House Rules Committee convened to discuss the state’s controversial ban on Delta-8 and other hemp-derived THC products. The meeting follows a recent federal court ruling that upheld Act 629 of 2023, the law responsible for banning Delta-8 and other hemp-derived THC products. The meeting offered a look into how the state plans to enforce the ban and handle unanswered questions that remain.
The law, the lawsuit, and the latest ruling
Arkansas lawmakers have claimed that Act 629 is necessary to protect kids from unregulated products being sold in convenience stores and smoke shops. Many small businesses disagreed. Delta-8 was still unavailable to kids and important to many small business owners.
Four Arkansas businesses sued, arguing that the state’s law was overly vague and conflicted with the 2018 federal Farm Bill, which created a loop hole that legalized certain forms of hemp and its derivatives. At that time, a federal district judge agreed with the plaintiffs, at least temporarily, and blocked the law from being enforced. As a result, Arkansans could purchase Delta hemp products in the state, typically in edible form or in Delta infused beverages which were largely available at liquor stores.
But last week, the Eighth Circuit Court of Appeals overturned that ruling, siding with the state. The court said Arkansas has the right to prohibit these substances and that the law isn’t unconstitutionally vague. The ruling is not final yet, though. The court still needs to issue a formal mandate for the ban, but state officials say it’s coming soon.
Rules Committee
The House Rules Committee hearing heard testimony from Deputy Attorney General Alex Benton and Alcoholic Beverage Control Director Christy Bjornson. Here’s what we learned from the Q+A session:
From the Attorney General’s Office:
- The AG’s office and the Governor personally championed the law, which Benton called one of their biggest legal wins to date.
- Benton accused industry groups of spreading “misinformation” about Delta-8 and emphasized that, while the Farm Bill legalized hemp, it didn’t require states to allow it to be sold.
- When asked if Delta-8 has medical benefits (for example, for cancer patients), Benton agreed that it did, but pointed to Arkansas’ medical marijuana program as the appropriate legal pathway.
- Benton noted that the litigation isn’t quite over; plaintiffs could still appeal to the U.S. Supreme Court, and new legal questions are likely to emerge as the law is enforced and the lawsuit proceeds through the court system.
- The AG’s office expects further legal challenges, especially around THCa, a compound not clearly addressed in the 2023 law.
From Alcoholic Beverage Control (ABC):
- The ABC is waiting for the court’s final mandate before formally enforcing the law, but they’ve already begun “courtesy visits” to over 1,500 licensed businesses to let them know the ban is coming.
- Bjornson said these visits aim to give businesses a chance to comply and ask questions. “It’s been pretty successful to have an in-person touch,” she said.
- ABC says they’ll eventually try to visit all 5,000 tobacco-permitted establishments across the state. They did not say how many liquor-permitted establishments have been notified via an in-person visit.
- When asked whether there will be an amnesty period or transition process for businesses that previously sold Delta-8 legally, Bjornson said that’s the purpose of the current visits; she didn’t offer clear details on what enforcement will look like.
- Selling Delta-8 after the mandate takes effect could lead to arrest and prosecution, according to ABC. It’s unclear whether simple possession will also be criminalized.
What’s next?
While state leaders are celebrating the court’s decision as a win for public safety, many Arkansans, especially small business owners, are now in limbo. Enforcement is coming but guidance remains fuzzy, particularly around what counts as “compliance”, enforcement mechanisms, and what happens to consumers who may still have these products in their homes.
This conversation also underscores broader questions about how Arkansas regulates cannabis and hemp, and who gets to profit from it. Advocates have pointed out that banning Delta-8 without offering better regulation or testing standards does little to help consumers understand what’s safe, what’s legal, and what’s actively dangerous, which undermines the state’s line about “protecting consumers.”
This is a test case for how Arkansas balances consumer safety, business rights, and personal freedoms. And as always, it’s about who gets a seat at the table when those decisions are made. As this law moves toward enforcement, we’ll be watching and will keep you informed.
