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  • Christopher D.

Can I Use Delta 8 in Arkansas? Here’s an Update on the Law

Arkansas has been navigating a complex legal landscape surrounding the use of Delta 8, a hemp-derived product that has gained popularity in recent years. The legal status of Delta 8 in the state has been a subject of debate and scrutiny.

In this comprehensive guide, we will explore the latest developments in Arkansas law concerning Delta 8, its potential implications for consumers, and why medical marijuana remains a reliable and regulated alternative for those seeking therapeutic relief.

Understanding Arkansas Act 629

Arkansas Act 629, signed into law in April, was designed to address concerns related to the sale and use of hemp products containing Delta 8 and other derivatives. Delta 8 is a compound found in hemp, similar to Delta 9 THC, but with slightly different effects.

Act 629 introduced some key provisions:

THC Content Regulation

The law aimed to regulate hemp products containing excess tetrahydrocannabinol (THC), the psychoactive component of marijuana. It sought to limit the THC content in these products, particularly Delta 8, to prevent potential intoxication.

Licensing Requirements

Act 629 mandated that anyone involved in the sale or manufacture of hemp products, including Delta 8 products, must obtain a yearly license. This measure was intended to bring oversight and accountability to the industry.

Addressing Federal Law Ambiguities

The law sought to clarify and address ambiguities stemming from the 2018 federal farm bill. This federal law allowed the sale of hemp products as long as they contained less than 0.3% THC. Act 629 aimed to align Arkansas state law with these federal guidelines.

The Federal Judge's Injunction

The implementation of Act 629 faced significant legal challenges. A federal judge, Billy Roy Wilson, issued an injunction on the law, effectively putting it on hold. The judge cited several reasons for his decision:

  • Constitutional Conflict: Judge Wilson pointed out a constitutional conflict with Act 629. While the state has the authority to regulate hemp production, changing definitions within a federal program to circumvent federal law is not constitutionally valid.

  • Confusing Language: The judge noted that Act 629 contained confusing language and undefined terms related to hemp products and the effects of THC. This lack of clarity raised concerns about the enforceability of the law.

  • Vague Regulations: Another issue highlighted by the judge was the vagueness of certain regulations within the law, particularly regarding the transportation of THC-containing products.

  • Public Interest: Judge Wilson also emphasized that the public does not have an interest in the enforcement of a statute that likely violates the Constitution.

The Plaintiffs and Arkansas Act 629

The case against Act 629 involved several plaintiffs, including hemp producer Bio Gen, LLC, Drippers Vape Shop, Smoker Friendly (a tobacco product producer), and Hometown Hero (a CBD product seller). These entities challenged the law's constitutionality and its potential impact on their businesses.

It's worth noting that CBD, a chemical found in marijuana that does not contain THC, was among the products sold by the plaintiffs. CBD has gained recognition for its potential therapeutic benefits, and its legal status has been less contentious compared to THC-containing products like Delta 8.

The Significance of the Injunction

Judge Wilson's injunction on Act 629 has significant implications for the legality and availability of Delta 8 and similar products in Arkansas. As a result of the injunction, the law's enforcement is temporarily halted, and businesses involved in the sale of these products may continue their operations without the restrictions outlined in Act 629.

This development underscores the complexity and evolving nature of hemp and cannabis regulations at both the state and federal levels. It also highlights the importance of legal clarity and precision in crafting legislation that addresses emerging products and industries.

The Role of Medical Marijuana

Amidst these legal advancements, it's crucial to recognize the pivotal role of medical marijuana as a regulated and dependable option for individuals in pursuit of therapeutic relief. Across various states, including Arkansas, medical marijuana programs stand as well-structured frameworks enabling patients to access cannabis-based treatments while staying fully compliant with state regulations.

Within the confines of a medical marijuana program, patients are privileged to receive invaluable guidance from certified healthcare professionals. These experts extend personalized recommendations and craft treatment plans finely tuned to address the unique medical conditions of each patient.

Moreover, medical marijuana products within these programs undergo rigorous testing, a testament to their commitment to safety and quality. Patients can place their trust in the knowledge that the products they utilize meet exacting standards for both purity and potency.

One of the considerable advantages enjoyed by medical marijuana patients lies in the legal protections afforded by the state's program. Possession of a valid medical marijuana card ensures unwavering compliance with state laws, offering a reassuring sense of security to patients and their caregivers.

If you're considering medical marijuana as a treatment option in Arkansas, obtaining a medical marijuana card is the initial step. The process typically involves the following steps:

  1. Eligibility Verification: Ensure that you meet the state's eligibility criteria, including residency and qualifying medical conditions.

  2. Consultation with a Certified Physician: Schedule a consultation with a certified physician registered with the Arkansas Department of Health.

  3. Physician's Recommendation: Obtain a physician's recommendation for medical marijuana based on your medical condition.

  4. Registration with the State: Complete the registration process with the Arkansas Department of Health, which may include paying the required fee.

  5. Approval and Card Issuance: Await approval and receive your medical marijuana card, granting you legal access to a variety of medical marijuana products.


The evolving legal landscape surrounding Delta 8 in Arkansas underscores the importance of staying informed and making informed choices when seeking therapeutic alternatives. While the status of Delta 8 remains uncertain, Arkansas's medical marijuana program stands as a beacon of regulation and reliability, offering patients expert guidance, quality assurance, legal protections, and tailored treatments.

As the legal debates continue, remember that your path to improved well-being starts with informed decisions and the support of certified healthcare professionals within the state's medical marijuana program. Explore this structured and trusted avenue toward better health, and stay updated on the latest developments in Arkansas's evolving marijuana regulations.

Get Your Medical Marijuana Card Today!

Medical marijuana is legal in Arkansas, and we can help you renew your medical card TODAY! If you qualify for your renewal, give us a call and we can help!

You need your medical card to access any of Arkansas’ medical dispensaries. Not to worry, because it is now easier than ever to renew your card with Arkansas Marijuana Card!

Telemedicine makes it easy for you to renew your card from the comfort of your own home!

Schedule an appointment with one of our physicians to get started today!


Doctors Who Care

Relief You Can Trust

Here at Arkansas Marijuana Card, we aim to help everyone achieve wellness safely and conveniently through increased access to medical marijuana. Our focus on education, inclusion, and acceptance will reduce the stigma for our patients by providing equal access to timely information and compassionate care.

Call us at (844)-249-8714 today, or book an appointment here.

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