Is Delta 8 THC legal in Arkansas?


Delta 8 THC is not legal according to Arkansas state law.

Read our legal disclaimer HERE. While we try to stay as up to date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.

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(5) “Cannabis” means all parts of the cannabis plant, whether growing or not, including its seeds, resin, compounds, salts, derivatives, and extracts. Cannabis does not include publicly marketable hemp products, as defined in this regulation.

(6) “CBD” means cannabidiol.

(9) “Delta-9-THC” means delta-9-tetrahydrocannabinol concentration (the primary intoxicating component of cannabis).

(13) “Industrial hemp” means all parts and varieties of the plant Cannabis sativa L. and any part of such plant cultivated or possessed by a licensed grower, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis. (Adopted by federal law in the Controlled Substances Act, 21 U.S. C. & 801 et seq. “Industrial hemp” has the same meaning as in 7 U.S.C. sec. 5940 as it currently exists or as it may be subsequently amended;

7 U.S. Code § 5940.Legitimacy of industrial hemp research

(2) Industrial hemp
The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(23) “Phytocannabinoids” are cannabinoids that occur naturally in the cannabis plant. The classical cannabinoids are formed through decarboxylation of their respective 2-carboxylic acids (2-COOH), a process which is catalyzed by heat, light or alkaline conditions.

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SECTION 1. Arkansas Code § 5-64-215 is amended to read as follows: 23 5-64-215. Substances in Schedule VI.

(a) In addition to any substance placed in Schedule VI by the Director of the Department of Health under § 5-64-214, any material, compound, mixture, or preparation, whether produced directly or indirectly from a substance of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, that contains any quantity of the following substances, or that contains any of their salts, isomers, and salts of isomers when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation, is included in Schedule VI:

(1) Marijuana;

(2) Tetrahydrocannabinols;

(3) A synthetic equivalent of:

(A) The substance contained in the Cannabis plant; or

(B) The substance contained in the resinous extractives of
the genus Cannabis;

(5) Synthetic substances, derivatives, or their isomers in the chemical structural classes described below in subdivisions (a)(5)(A)-(J) of this section and also specific unclassified substances in subdivision (a)(5)(K) of this section. Compounds of the structures described in this subdivision (a)(5), regardless of numerical designation of atomic positions, are included in this subdivision (a)(5). The synthetic substances, derivatives, or their isomers included in this subdivision (a)(5) are:

(A)(i) Tetrahydrocannabinols, including without limitation the following:

(a) Delta-1 cis or trans tetrahydrocannabinol, and its optical isomers;

(b) Delta-6 cis or trans tetrahydrocannabinol, and its optical isomers; and

(c) Delta-3.4 cis or trans tetrahydrocannabinol, and its optical isomers.

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