Is Delta-10 THC Legal in Arkansas?

Last reviewed: May 20, 2026

No. Delta-10 THC is named in Act 629 of 2023 as a Schedule VI controlled substance and the Eighth Circuit reversed the preliminary injunction that had blocked the law in Bio Gen LLC v. Sanders, No. 23-3237 (June 24, 2025). Act 934 of 2025 reinforced the framework on a total-THC basis. Attorney General Tim Griffin certified Act 934 on April 22, 2026, and the Department of Finance and Administration began field seizures within weeks.

Arkansas Cannabis and Hemp Overview

Arkansas voters approved medical cannabis through Issue 6 in 2016. The state has not legalized adult-use cannabis. The Arkansas Department of Agriculture administers the licensed hemp cultivation program under federal Farm Bill standards. The criminal-law overlay sits in the Arkansas Controlled Substances Act, which Act 629 amended in 2023 and Act 934 further expanded in 2025.

Delta-10 THC is an isomer of delta-9 THC produced almost exclusively through chemical conversion from hemp-derived CBD. That synthetic-conversion production method is what state regulators target when they restrict intoxicating hemp cannabinoids. For comparison see our Arkansas delta-8 page.

What Arkansas Law Actually Says

Act 629 amended the Arkansas Controlled Substances Act to add delta-8 THC, delta-10 THC, HHC, THCO, and several other named intoxicating hemp cannabinoids as Schedule VI substances. Delta-10 was one of the specifically named compounds in the 2023 statute, so it has been clearly inside the prohibited category since the Eighth Circuit mandate issued in 2025. Act 934 of 2025 added a total-THC reading that captures additional product configurations and beverages.

The state-licensed medical cannabis program is administered separately and was not affected by either statute.

How Enforcement Has Played Out

The Department of Finance and Administration began joint inspections of smoke shops, convenience stores, and gas stations the week the Eighth Circuit mandate issued. Delta-10 vapes and gummies, which had been heavily distributed through convenience-store channels, were among the first product categories targeted in stop-sale orders. DFA reported more than 6,000 hemp product seizures and 2,800-plus in-person retail visits in the first wave. The April 2026 Griffin certification press conference signaled continued enforcement priority for synthetic-conversion cannabinoids.

What This Means for Retailers Selling Delta-10 in Arkansas

• Stop selling delta-10 THC vapes, gummies, tinctures, and concentrates. Delta-10 is specifically named in Act 629 and the Eighth Circuit reversed the injunction that had blocked enforcement.
• Pull obvious enforcement-bait packaging that mimics candy brands or marijuana branding. This has been the consistent first DFA target.
• Keep certificates of analysis on file for any non-intoxicating CBD or CBG inventory you continue to carry. State inspectors increasingly request finished-product testing.
• Plan now for federal H.R. 5371 §781 taking effect November 12, 2026. Delta-10 sits squarely inside the excluded synthetic-cannabinoid category in the new federal definition and loses Farm Bill protection on that date.
• Bio Gen has been remanded to the Eastern District of Arkansas for further proceedings. The structural ban is in force but additional cannabinoid-specific rulings are possible.
• Verify ID at point of sale for any remaining hemp products. The 21-and-up industry standard applies even where statutory age minimums are silent.

What This Means for Consumers Buying Delta-10 in Arkansas

You cannot buy delta-10 THC products at Arkansas retail. Some out-of-state online retailers will ship to Arkansas addresses, but the products are illegal under Act 629 and subject to DFA seizure on delivery. Delta-10 metabolites overlap with delta-9 metabolites on most standard drug tests and will trigger a positive result.

Pending Federal Change

H.R. 5371 §781, signed November 12, 2025, explicitly excludes synthetic and chemically converted cannabinoids from the federal hemp definition. Delta-10 is produced almost exclusively through chemical conversion from hemp-derived CBD, which places it squarely inside the excluded category. The provision takes effect November 12, 2026 and removes federal Farm Bill cover for delta-10 nationwide. For broader background see our 2018 Farm Bill revision explainer.

Frequently Asked Questions

Is delta-10 THC legal in Arkansas in 2026?
No. Delta-10 is specifically named as a Schedule VI substance under Act 629 and the Eighth Circuit reversed the injunction that had blocked enforcement.

What is delta-10 THC?
An isomer of delta-9 THC produced through chemical conversion from hemp-derived CBD. The synthetic-conversion production method is what state and federal regulators target when they restrict intoxicating hemp cannabinoids.

Does delta-10 show up on a drug test?
Delta-10 metabolites overlap with delta-9 metabolites on most standard urine, saliva, and hair screens and will typically trigger a positive.

Can I order delta-10 online to Arkansas?
Out-of-state retailers will sometimes ship, but the products are illegal under Act 629 and subject to DFA seizure on delivery.

How does delta-10 compare to delta-8 in Arkansas?
Both are specifically named in Act 629 as Schedule VI substances and both lose federal Farm Bill protection November 12, 2026. See our Arkansas delta-8 page.

What changes November 12, 2026?
The federal hemp redefinition excludes synthetic and chemically converted cannabinoids. Delta-10 loses federal Farm Bill protection on that date.

This page is provided for informational purposes by ComplyAssistAI LLC and is not legal advice. Hemp and cannabis law in Arkansas changes frequently. For business compliance questions, consult an Arkansas-licensed cannabis attorney. Find one in our Cannabis Lawyer Directory.