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Is Delta 8 Legal in Arkansas

Is Delta 8 Legal in Arkansas?

Explore the legal status of delta 8 in Arkansas, the state laws, consumer and shipping guidelines, comparison with other states, FAQs, and more.

Ever since its federal legalization in 2018, delta 8 has become a prominent figure in the cannabis industry, gaining popularity nationwide.

While many states have aligned with the federal stance, others have chosen to ban the compound within their borders. So, where does Arkansas stand on this issue? Is delta 8 legal in the Natural State?

Is Delta 8 Legal in Arkansas?

To understand the legal status of delta 8 in Arkansas, it’s important to first look at the federal Farm Bill of 2018, also known as the Agriculture Improvement Act. This legislation has been pivotal in the growth of the hemp industry in recent years.

A key aspect of the Farm Bill was the clear distinction it made between hemp and marijuana. Despite their similarities, the law classifies cannabis plants with THC levels above 0.3% as marijuana, while those with THC (Tetrahydrocannabinol) levels below 0.3% are considered hemp.

Is Delta 8 Legal in Arkansas

The most significant impact of the Agriculture Improvement Act was the federal legalization of hemp and its derivatives, including delta 8. Marijuana, however, remains a controlled substance under federal law. The Biden administration has signaled a potential reevaluation of this stance on marijuana, but for now, only hemp-derived cannabinoids containing 0.3% THC or less are federally legal.

So, is delta 8 legal in Arkansas as it is at the federal level? Yes, delta 8 is legal in Arkansas. In 2021, the state updated its hemp laws, removing restrictions on delta 8 and other forms of THC that were previously in place.

In March 2021, Arkansas passed House Bill 1640, which replaced the older Arkansas Industrial Hemp Act (House Bill 1415). The earlier bill had specifically included a provision banning delta 8. The new law, however, did not include this provision, thereby excluding hemp-derived products from the state's list of controlled substances and making them fully legal.

Delta 8 in Arkansas

While delta 8 is legal in Arkansas, this does not mean the state fully embraces cannabis. Arkansas maintains a strict ban on recreational marijuana.

In Arkansas, first-time possession of up to four ounces of marijuana can result in a fine of up to $2,500, one year in prison, and a mandatory six-month driver's license suspension. For those with two prior convictions, possessing more than an ounce is considered a Class D felony, punishable by up to six years in prison and a maximum fine of $6,000.

Unlike some states where certain counties or cities have decriminalized or reduced penalties for marijuana possession, no such measures exist in Arkansas. Legalization efforts have repeatedly been blocked by the state courts. However, the Arkansas Supreme Court recently ruled that voters could decide on cannabis legislation in the November 2022 ballot, offering a glimmer of hope for change.

For now, delta 8 remains the only legal way for Arkansans to experience the benefits and effects of the cannabis plant without needing a medical cannabis card.

Is Delta 8 Legal in Arkansas

Shipping Delta 8 Products To & From Arkansas

Shipping Delta 8 products to and from Arkansas requires careful adherence to both state and federal regulations. In Arkansas, Delta 8 THC derived from hemp is legal, provided it contains less than 0.3% Delta 9 THC, as outlined in the 2018 Farm Bill. Ensuring compliance with these regulations is crucial for the smooth and legal shipping of Delta 8 products.

When shipping Delta 8 products into Arkansas, it’s essential to use carriers knowledgeable about hemp regulations. Proper documentation, including Certificates of Analysis (COAs) verifying the THC content, must accompany shipments to confirm their legality. Similarly, when shipping Delta 8 products out of Arkansas, understanding the destination state’s laws is vital to avoid complications.

  • Confirm the product contains less than 0.3% Delta 9 THC.
  • Use reputable carriers experienced in handling hemp products.
  • Include COAs and other documentation verifying legal compliance.
  • Research the destination state’s Delta 8 regulations.
  • Ensure proper labeling of all products.
  • Stay updated on changing state and federal hemp laws.
  • Understand carrier-specific policies regarding hemp shipments.
  • Consider insurance options to mitigate potential shipping issues.

Things to Consider Before Buying Delta 8 in Arkansas

Before purchasing Delta 8 products in Arkansas, it's essential to consider several factors to ensure a safe and legal transaction. Arkansas law permits the sale of Delta 8 THC derived from hemp, provided it contains less than 0.3% Delta 9 THC. Verifying this compliance helps avoid any legal issues.

Quality assurance is another critical factor. Look for Delta 8 products that have undergone third-party testing for potency and purity. These tests should be accessible through COAs, confirming the product’s cannabinoid profile and ensuring it is free from harmful contaminants. Additionally, researching the brand’s reputation and customer reviews can provide valuable insights into product quality and reliability.

  • Verify the THC content is within legal limits.
  • Ensure the product is derived from hemp and not marijuana.
  • Look for third-party lab testing and accessible COAs.
  • Investigate the brand’s reputation and customer feedback.
  • Understand local vendors’ compliance with state laws.
  • Consider the preferred method of consumption (gummies, vape, tinctures, etc.).
  • Be aware of the potential effects and recommended dosages.
  • Stay informed about any legislative changes regarding Delta 8.

Delta 8 in Arkansas vs Other States

The legal status and availability of Delta 8 THC can vary widely across different states. In Arkansas, Delta 8 is legal under the 2018 Farm Bill, provided it is derived from hemp and contains less than 0.3% Delta 9 THC. However, regulations differ significantly in other states, making it important for consumers to understand these differences, especially if they travel frequently.

For instance, in states like Colorado and Alaska, Delta 8 THC is banned despite the legality of recreational marijuana. Conversely, states such as Florida and Texas allow Delta 8, but with strict regulations. Additionally, states like Georgia, New York, Illinois, and Nevada have their own specific regulations. 

State Delta 8 Legal Status Notes
Arkansas Legal Must contain less than 0.3% Delta 9 THC
Colorado Illegal Banned despite legal recreational marijuana
Alaska Illegal Banned despite legal recreational marijuana
Florida Legal Must comply with federal hemp regulations
Texas Legal Allowed under the 2018 Farm Bill
Georgia Legal Must contain less than 0.3% Delta 9 THC
New York Legal Regulated, with specific packaging and labeling requirements
California Legal Strict regulations and testing requirements
Illinois Legal Permitted with similar restrictions as recreational marijuana
Nevada Legal Permitted under state law, with specific regulations
Arizona Legal Allowed under the 2018 Farm Bill
Michigan Legal Permitted with state-specific regulations
Ohio Legal Must comply with federal and state hemp laws
South Carolina Legal Must contain less than 0.3% Delta 9 THC
Tennessee Legal Allowed under federal hemp regulations
Washington Legal Regulated, with specific testing and labeling requirements

Growth of Arkansas Cannabis Market with Delta 8 and Medical Marijuana

While recreational cannabis is not yet legal in Arkansas, the state boasts a comprehensive medical marijuana program, allowing qualifying patients to access cannabis for its therapeutic benefits. With the introduction of delta 8, the medical cannabis market could face some competition. But what does this mean for the industry?

Medical Cannabis Regulations in Arkansas

In 2016, Arkansas voters approved a medical marijuana initiative, with 53% in favor. The following year, the legislature revised Amendment 98, creating the Arkansas Medical Marijuana Amendment. This allows seriously ill patients to legally use medical marijuana with a doctor's approval.

How the Medical Marijuana Program Works

To participate in Arkansas's medical marijuana program, patients must obtain a Medical Marijuana ID card. Here are the steps and required documents:

  1. Complete a patient registry application form.
  2. Obtain a Physician Written Certification.
  3. Provide a photocopy of the front of your Arkansas driver’s license or state ID.
  4. Pay the nonrefundable application fee.

The medical card is valid for up to one year but can be issued for a shorter period based on the physician’s designation. For renewal, patients need to submit the same documents along with a new certification from their physician.

Is Delta 8 Legal in Arkansas

Qualifying as an Out-of-State Patient

Out-of-state patients can also apply, provided they have a medical marijuana card from their state and their condition aligns with Arkansas's qualifying conditions.

List of Qualifying Conditions

  • Cancer
  • Glaucoma
  • Hepatitis C
  • ALS
  • Tourette’s syndrome
  • Crohn’s disease
  • Ulcerative colitis
  • PTSD
  • Severe arthritis
  • Fibromyalgia
  • Alzheimer’s disease
  • Cachexia or wasting syndrome
  • Peripheral neuropathy
  • Intractable pain
  • Severe nausea
  • Seizures, including epilepsy
  • Severe and persistent muscle spasms (including MS)
  • Any other condition approved by the Department of Health

Physician Certification and Petition Process

Patients must submit an official physician-written certification with their application. Additionally, new medical conditions can be petitioned for inclusion, with the Department of Health making decisions within 120 days.

Purchasing and Usage Limitations

Qualified patients can purchase cannabis only from state-licensed dispensaries and are limited to 2.5 ounces in a 14-day period. For patients under 18, a legal guardian or parent must register as a caregiver to buy medical marijuana.

Restrictions on Cannabis Use

Cannabis use remains illegal in several places, including:

  • Schools and daycare centers
  • Drug or alcohol treatment facilities
  • Youth centers
  • Correctional facilities
  • Public places

Cannabis cannot be smoked in the presence of:

  • Anyone under 14
  • In motor vehicles, aircraft, or motorized watercraft
  • Pregnant individuals
  • Situations where it may impair others not registered as patients

Additional Legal Restrictions

Operating a vehicle, boat, or plane under the influence of cannabis is illegal. Landlords can prohibit on-site smoking but cannot prevent non-smoking consumption of medical cannabis.

Legal Protections for Patients

The amendment protects patients from employment discrimination based on their status as a qualifying patient or caregiver. However, employers can still implement drug-free workplace policies, including drug testing.

Medical Marijuana Usage in Arkansas

As of October 2022, over 91,000 Arkansans hold an active medical marijuana ID card, reflecting the program's extensive reach and impact on patients in the state.

Types of Delta 8 Products in Arkansas

Arkansas offers a variety of Delta 8 products to cater to different consumer preferences. These include Delta 8 gummies, Delta 8 vapes, Delta 8 tinctures, and Delta 8 flower. Each type provides unique benefits and methods of consumption, making it easy for users to find the right product for their needs.

Delta 8 gummies are known for their convenience and precise dosing, making them a favorite among those who prefer a discreet and tasty way to consume Delta 8. Vape cartridges offer fast-acting effects, ideal for those seeking quick relief. Delta 8 tinctures provide flexible dosing options and can be taken sublingually or added to food and beverages. Delta 8 flower is popular with traditional cannabis enthusiasts who enjoy smoking or vaporizing.

Delta 8 vs Delta 9 in Arkansas

In Arkansas, Delta 8 vs Delta 9 are regulated differently due to their distinct legal statuses and effects. Delta 9 THC, the primary psychoactive component of marijuana, is illegal in Arkansas if it exceeds 0.3% concentration. Delta 8 THC, derived from hemp, is legal as long as it adheres to the federal limit of 0.3% Delta 9 THC.

Both cannabinoids produce psychoactive effects, but Delta 8 is generally milder and less likely to induce anxiety, making it a more attractive option for those seeking therapeutic benefits without the intense high or paranoia that can accompany Delta 9.

Feature Delta 8 THC Delta 9 THC
Legal Status Legal in Arkansas if derived from hemp Illegal in Arkansas above 0.3%
Psychoactivity Milder, less anxiety-inducing Stronger, more intense high
Source Hemp-derived Marijuana-derived
Common Products Gummies, vapes, tinctures, flower Various cannabis products
Availability Widely available in legal markets Restricted to medical use in Arkansas
User Experience Smoother, clearer-headed high More potent, possibly overwhelming

Where to Buy Delta 8 in Arkansas

Delta 8 products can be found in various places in Arkansas, including local dispensaries, smoke shops, and online retailers. When purchasing locally, it's crucial to choose reputable stores that comply with state regulations and offer high-quality products. Knowledgeable staff can provide helpful guidance and product recommendations based on individual needs.

Online retailers provide a convenient alternative with a wider selection of products. However, it’s important to ensure that the online store is reputable and offers third-party lab testing to verify the quality and legality of their products. Reading customer reviews and looking for transparent business practices can help in making an informed decision.

Final Thoughts?

Delta 8 THC offers a legal and accessible option for consumers in Arkansas who seek the benefits of cannabinoids without the intense effects of Delta 9 THC. Understanding the legal landscape, ensuring product quality, and being aware of available options are essential for making informed purchasing decisions. As the Delta 8 market continues to grow, staying informed about regulations and best practices will ensure a safe and satisfying experience.

By considering factors such as product quality, legal compliance, and personal preferences, consumers can navigate the Delta 8 market in Arkansas with confidence. Whether buying locally or online, thorough research and choosing reputable sources will lead to better outcomes and a more satisfying experience.


Is Delta 8 legal in all parts of Arkansas?

Yes, Delta 8 is legal throughout Arkansas as long as it is derived from hemp and contains less than 0.3% Delta 9 THC.

Can I buy Delta 8 online and have it shipped to Arkansas?

Yes, you can purchase Delta 8 online and have it shipped to Arkansas, but ensure the seller complies with both federal and state regulations.

What forms of Delta 8 are popular in Arkansas?

Delta 8 gummies, vapes, tinctures, and flower are among the most popular forms available in Arkansas.

Are there age restrictions for purchasing Delta 8 in Arkansas?

You must be at least 21 years old to purchase Delta 8 products in Arkansas.

Can I travel with Delta 8 products within Arkansas?

Yes, you can travel with Delta 8 products within Arkansas, but it's advisable to keep proof of legality, such as COAs, with you.

How does Delta 8 compare to Delta 9 in terms of effects?

Delta 8 typically offers milder psychoactive effects and is less likely to cause anxiety compared to Delta 9.

Are there any health risks associated with Delta 8?

Potential risks include dizziness, dry mouth, and changes in appetite. It's important to start with a low dose to assess your reaction.

Is Delta 8 used for medical purposes in Arkansas?

While Delta 8 is legal for recreational use, some individuals may find it beneficial for conditions such as anxiety or pain. Consult with a healthcare professional for personalized advice.

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