Is Delta-8 THC Legal in Arkansas?

Last reviewed: May 20, 2026

No. The U.S. Court of Appeals for the Eighth Circuit reversed the preliminary injunction in Bio Gen LLC v. Sanders, No. 23-3237, on June 24, 2025. The ruling dissolved the two-year stay on Arkansas Act 629 and put the delta-8 ban back into full effect. Governor Sanders signed Act 934 of 2025 on April 21, 2025 to expand the framework on a total-THC basis, and Attorney General Tim Griffin certified Act 934 on April 22, 2026. The Department of Finance and Administration began field enforcement immediately and seized more than 6,000 hemp products in the first weeks.

Arkansas classifies delta-8 THC and several related cannabinoids as Schedule VI controlled substances. Retail sale, possession, and distribution carry the criminal penalties associated with that schedule.

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.

Act 629, signed by Governor Sarah Huckabee Sanders on April 11, 2023, added delta-8 THC, delta-10 THC, HHC, THCO, and several other intoxicating hemp cannabinoids to the Arkansas Controlled Substances Act as Schedule VI substances. The act was scheduled to take effect August 1, 2023, but was halted by a federal preliminary injunction obtained by Bio Gen LLC and other plaintiffs shortly afterward. That injunction stood for nearly two years before the Eighth Circuit's June 2025 reversal.

What Arkansas Law Actually Says

The operative provision is in Act 629's amendments to the Arkansas Controlled Substances Act, classifying delta-8 THC and the other listed cannabinoids as Schedule VI. The Eighth Circuit's Bio Gen v. Sanders opinion rejected three challenges to the statute:

Federal Farm Bill preemption: the court held the 2018 Farm Bill does not preempt state authority to regulate hemp more stringently. The Fourth Circuit reached the same conclusion in Northern Virginia Hemp v. Virginia in January 2025.

Vagueness: the court held Act 629 is not void for vagueness. The terms "continuous transportation," "synthetic substance," and "psychoactive substances" were sufficiently clear.

Sovereign immunity: the court reversed the lower court's denial of motions to dismiss Sanders and Griffin as defendants in their official capacities.

The case was remanded to the U.S. District Court for the Eastern District of Arkansas for further proceedings, but the preliminary injunction is gone and Act 629 is in force. Act 934 of 2025 then expanded the framework to reach intoxicating hemp products on a total-THC reading rather than the named-isomer reading in the 2023 text. For broader litigation context see legal challenges to hemp definitions.

How Enforcement Has Played Out

State officials announced renewed enforcement of Act 629 in July 2025 following the Eighth Circuit mandate. The Department of Finance and Administration, the Arkansas Tobacco Control Board, the Arkansas Department of Agriculture, and local law enforcement have conducted joint inspections of smoke shops, gas stations, and convenience stores carrying delta-8 products. Stop-sale orders and seizures have been the typical first response. DFA reported more than 6,000 product seizures and 2,800-plus in-person retail visits in the first wave. AG Griffin's office has signaled continued priority for the synthetic-conversion cannabinoid category.

What This Means for Retailers Selling Delta-8 in Arkansas

• Stop selling delta-8 THC products immediately. The statutory ban is in force and DFA enforcement is active.
• Pull delta-8 vapes, gummies, tinctures, flower, and any product containing the listed cannabinoids from your shelves.
• Pull obvious enforcement-bait packaging that mimics candy brands or marijuana branding. Packaging mimicry has been the consistent first DFA target.
• Hemp products containing only non-intoxicating CBD and CBG remain legal. Keep certificates of analysis on file to document non-intoxicating status.
• Plan now for federal H.R. 5371 §781 taking effect November 12, 2026. Delta-8 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. The structural ban is in force but additional cannabinoid-specific rulings are possible.

What This Means for Consumers Buying Delta-8 in Arkansas

You cannot buy delta-8, delta-10, HHC, THCO, or several other intoxicating hemp cannabinoids at Arkansas retail. Some out-of-state online retailers continue to ship delta-8 into Arkansas, but the products are illegal upon arrival and subject to DFA seizure. Standard drug tests catch delta-8 metabolites as delta-9.

Pending Federal Change

H.R. 5371 §781, signed November 12, 2025, explicitly excludes synthetic and chemically converted cannabinoids from the federal hemp definition. Delta-8 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 largely aligns federal law with the Arkansas posture. For background see our 2025 hemp regulation roundup.

Frequently Asked Questions

Is delta-8 legal in Arkansas in 2026?
No. The Eighth Circuit reversed the preliminary injunction on June 24, 2025 and Act 629's ban is in force statewide. Act 934 of 2025 reinforced the framework on a total-THC basis.

What is Act 629?
A 2023 Arkansas law that added delta-8 THC and several related intoxicating cannabinoids to the Arkansas Controlled Substances Act as Schedule VI substances.

What did Act 934 of 2025 change?
It expanded Act 629 to reach intoxicating hemp products on a total-THC basis rather than the named-isomer reading in the 2023 text.

What did Bio Gen v. Sanders decide?
The Eighth Circuit reversed a federal district court's preliminary injunction that had blocked Act 629 from 2023 to 2025. The opinion rejected federal Farm Bill preemption and vagueness challenges and remanded the case for further proceedings.

Can I still get medical marijuana in Arkansas?
Yes. Arkansas has a state-licensed medical cannabis program that operates separately from Act 629 and Act 934.

Does delta-8 show up on a drug test in Arkansas?
Yes. Standard urine tests for delta-9 metabolites typically catch delta-8 as well.

Can I order delta-8 online to an Arkansas address?
Out-of-state retailers will sometimes ship, but the products are illegal under Act 629 and subject to DFA seizure on delivery.

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.