Is THCA Legal in Arkansas?

Last reviewed: May 20, 2026

No. Arkansas now treats THCA flower and high-THCA hemp products as controlled substances under the combined effect of Act 629 of 2023 and Act 934 of 2025. The Eighth Circuit reversed the federal injunction that had blocked Act 629 in Bio Gen LLC v. Sanders, No. 23-3237 (June 24, 2025). Act 934, signed by Governor Sanders on April 21, 2025 and certified by Attorney General Tim Griffin on April 22, 2026, expanded the ban to capture intoxicating hemp products on a total-THC basis. The Department of Finance and Administration began field enforcement immediately and seized more than 6,000 hemp products in the first 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.

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. THCA was not specifically listed in the original Act 629 text, which is why the category sat in a gray zone for nearly two years. Act 934 of 2025 closed that gap by reaching hemp products on a total-THC reading rather than a delta-9-only reading. State guidance treats THCA-dominant flower and concentrates as falling inside the expanded framework because heating converts THCA to delta-9.

The 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. Stop-sale orders and seizures have been the standard 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 certification press conference in April 2026 emphasized that THCA flower is now squarely inside the prohibited category.

What This Means for Retailers Selling THCA in Arkansas

• Stop selling THCA flower, pre-rolls, vapes, and concentrates. The combined effect of Act 629 and Act 934 covers these products under a total-THC reading.
• Pull obvious enforcement-bait packaging that mimics candy brands or marijuana branding. This has been the consistent first target for DFA inspections.
• Keep certificates of analysis on file for any non-intoxicating CBD or CBG inventory you continue to carry. Finished-product testing is increasingly requested.
• Plan for federal H.R. 5371 §781 taking effect November 12, 2026. The new 0.4 mg total THC per container cap will tighten federal Farm Bill protection for any hemp SKU still on shelves.
• Track AG opinions and DFA enforcement guidance closely. Bio Gen has been remanded to the Eastern District of Arkansas for further proceedings and 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 THCA in Arkansas

You cannot buy THCA flower or high-THCA products at Arkansas retail. Some out-of-state online retailers will ship to Arkansas addresses, but the products are illegal upon arrival and subject to seizure. THCA converts to delta-9 when heated, so it triggers a positive on standard urine, saliva, and hair drug tests.

Pending Federal Change

H.R. 5371 §781, signed November 12, 2025, replaces the federal delta-9-only standard with a post-decarboxylation total-THC test and caps finished hemp products at 0.4 mg total THC per container. The provision takes effect November 12, 2026. Federal law will substantially align with the Arkansas framework on that date. For broader background see our 2025 hemp regulation roundup and the 2018 Farm Bill revision explainer.

Frequently Asked Questions

Is THCA flower legal in Arkansas in 2026?
No. Act 934 (2025) expanded the Act 629 framework on a total-THC reading that captures THCA-dominant hemp products.

What did Bio Gen v. Sanders decide?
The Eighth Circuit reversed the 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 to the Eastern District of Arkansas.

What did Act 934 of 2025 change?
It expanded Act 629 to reach intoxicating hemp products on a total-THC basis rather than the delta-9-only reading that left THCA in a gray zone.

Does THCA show up on a drug test?
Yes. THCA converts to delta-9 when heated and triggers a positive on standard urine, saliva, and hair screens.

Can I still get medical marijuana in Arkansas?
Yes. The state-licensed medical cannabis program operates separately from Act 629 and Act 934 and was not affected by the Eighth Circuit ruling.

Can I order THCA online to an Arkansas address?
Out-of-state retailers will sometimes ship, but the products are illegal under the expanded framework and are 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.