In a move that has caught the attention of hemp industry stakeholders and advocates, a federal lawsuit has been filed against the state of Arkansas. The lawsuit challenges the state’s recent decision to ban the sale of hemp-derived cannabinoids, with a particular focus on delta 8 THC. This decision, which could potentially influence the regulatory landscape in other states, has sparked significant debate.
The Problem
The law in question, known as Act 629, was swiftly implemented, taking effect on August 1. Passed with significant support in both houses of the Arkansas legislature, the act was signed into law in April 2023. Its primary objective is to prohibit the sale and production of a range of intoxicating hemp-derived cannabinoids within the state’s borders. Additionally, the act introduces a hefty annual licensing fee of $5,000 for those involved in the wholesale and retail of hemp products. It also sets forth stringent packaging guidelines to ensure consumer safety and product integrity.
One of the most contentious aspects of Act 629 is its specific targeting of products that undergo synthetic processes to convert hemp or its inherent components into various tetrahydrocannabinol forms, including Delta-8, Delta-9, and Delta-10. By doing so, these substances are now classified under the restrictive Schedule VI of Arkansas’ Uniform Controlled Substances Act.
The lawsuit’s proponents argue that Act 629 directly conflicts with established federal guidelines. Specifically, they point to the 2018 federal Farm Bill, which clearly states that all hemp derivatives, extracts, and cannabinoids are legal as long as they contain a delta 9 THC concentration of less than 0.3 percent. This stance was further solidified last year when a federal court affirmed the legality of delta 8 THC as a legitimate hemp product.
The plaintiffs in this case represent a diverse cross-section of the hemp industry, including a manufacturer, distributor, and a mix of retailers and wholesalers. Notably, some of these entities are based outside of Arkansas but have significant business interests within the state. In a proactive move, they have also sought a temporary restraining order against the law’s enforcement, pending a thorough examination of the lawsuit’s merits. The court’s response to this request is eagerly anticipated, with a deadline set for August 8.
It’s worth noting that Arkansas has had a somewhat mixed stance on cannabis-related matters. While the state has permitted the use of medical marijuana since 2016, its residents turned down a proposal to legalize recreational cannabis just last year. This latest legal challenge adds another layer of complexity to the ongoing debate surrounding cannabis and its derivatives in the state.
Black Note Promise
Headquartered in Irvine, California, Black Note would fall under the jurisdiction of any new state laws. We would do our best to continue to provide the same quality tobacco vaping products to customers that we have consistently provided since our inception.
