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Delta 8 > Is Delta 8 Legal in Arkansas? What Do The Regulations Tells Us?

Is Delta 8 Legal in Arkansas? What Do The Regulations Tells Us?

August 16, 2021

Is Delta 8 Legal in Arkansas
Table of Contents

Do You Need A Medical Marijuana Card to Get Your Delta 8 in The Land of Opportunity? Delta 8 THC is a popular cannabis product known for its psychoactive effects. But is Delta 8 THC legal in Arkansas?

In this blog post, we’ll look at the legality of Delta 8 THC in Arkansas and answer some common questions about it, so if you’re curious whether you can purchase Delta 8 THC and any other hemp-derived products in Arkansas, keep reading!

Main Keypoints

  • Delta 8 THC is one of many hemp cannabinoids derived from hemp plants, which are legal according to federal law.
  • Arkansas has legalized cannabis, but regulations limit tetrahydrocannabinol to 0.3% THC.
  • With current regulations, your best option might be to shop online.


Is Delta 8 Legal In Arkansas?

Delta 8 THC is currently living in a legal grey zone in Arkansas.

In 2019, the state laws introduced their hemp program and adopted the Farm Bill’s definition of hemp and its derivatives. Then in 2021, the new Act 565 changed the 2019 hemp program rule that allowed up to 0.30% Delta 9 THC to a total of 0.30% THC.

That said, HB 1415 states that any tetrahydrocannabinols and derivatives and isomers thereof are Schedule IV and part of the controlled substances act. In other words, any substances or chemicals are defined as drugs with a low potential for abuse and low risk of dependence.

On one side, it says the total THC is defined as Delta 9, whereas on the other end, it states it’s the total THC overall. Are you confused yet?

The easiest might be ordering online if you cannot find any Delta 8 THC products locally.

What is Delta 8 THC?

Delta 8 THC is one of the minor cannabinoids found in the cannabis plant. It only comprises less than 0.1 percent of the chemicals made in hemp plants. Delta 8 THC makes you feel mellower than Delta 9, which is one of the only psychoactive compounds in cannabis found during tests.

It’s no wonder so many have found joy in using Delta 8 THC and its popularity surrounding it. Because of state-of-the-art labs, we can now develop Delta 8 THC from other cannabinoids found in hemp plants which make Delta 8 hemp derivatives federally legal… as of the writing of this post.

Legalities of Delta 8 THC in Arkansas, Explained Further

Arkansas is one of many states to have legalized both medical and industrial hemp. It has aligned state law with federal law definitions of what comprises a legal hemp plant, which means the limited production of hemp plants containing no more than 0.3% Delta 9 THC on a dry weight basis, which includes all its naturally derived cannabinoids, is currently permissible within the state.

However, the Arkansas Act 565 changed that around. Many claim the laws surrounding Delta 8 expressly prohibit all forms of THC except for medicinal preparations or if you have a qualifying card.

When we look deeper into the details, the regulations state that any product with more than 0.30% total THC is considered illegal; however, as explained above, there’s confusion as HB 1415 states otherwise when looking into the Schedule VI Controlled Substances act.

Here are some takeaways from the Arkansas state law original text:

ARKANSAS INDUSTRIAL HEMP ACT 2-15-401

SECTION 1. DEFINITIONS

(5) “Cannabis” all parts of the cannabis plant, whether growing or not, including seeds, compounds, salts, derivatives, resin, and extracts. 

(6) “CBD” translate to cannabidiol.

(9) “Delta 9 THC” translates to delta-9-tetrahydrocannabinol concentration (the main intoxicating component of the cannabis plant).

(13) “Industrial hemp” translates to all parts and varieties of the plant Cannabis sativa L. any part of such a plant cultivated or possessed by any licensed grower, whether growing or not, with a Delta 9 THC (tetrahydrocannabinol) concentration of no more than 0.3% on a dry weight basis.

(2) Industrial hemp means the plant Cannabis sativa L. any part of such plant, whether its growing or not, with a Delta 9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.

(23) “Phytocannabinoids,” also known as cannabinoids, occur naturally in the cannabis plant. The classical cannabinoids are formed through decarboxylation of their respective 2-carboxylic acids (2-COOH), catalyzed by heat, light, or alkaline conditions.

The State’s Medical Marijuana Program

Arkansas legalized medical marijuana in 2016, and the program is now up and running. Patients with a qualifying medical condition can obtain a medical card from the Arkansas Department of Health, which allows them to purchase and use marijuana for medicinal purposes. Recreational cannabis remains illegal in Arkansas, but the state has legalized industrial hemp production for manufacturing purposes.

The federal law still classifies marijuana as a Schedule I controlled substances. Still, states with legal medical or recreational marijuana programs are primarily left to their own devices regarding enforcement. This hands-off approach may change under the new administration, but Arkansas’s medical marijuana program is federally legal for now.

The program has been a success, with over 2,000 patients registered and many more expected.

Enough legal talk; if you live in Arkansas, you might want to know where to buy Delta 8 THC products.

Where to buy Delta 8 THC In Arkansas

Where To Buy Delta 8 THC In Arkansas?

With Delta 8 being somewhat questionable legal in Arkansas, you may not find many places that have THC products.

Online shops offer a much more extensive selection, provide third-party testing on each batch for purity, and are typically cheaper than local dispensaries.

To avoid confusion and traveling around the state to find any, BioWellnessX ships nationwide, and we suggest you check out some of our premium Delta 8 THC products.

If you are an adventurist and want to explore locally, you might be locally and find some products on store shelves.

Below are some cities in AR that may have dispensaries with your needed products:

  • Alexander
  • Caddo Valley
  • Clarksville
  • Clinton
  • Conway
  • Heber Springs
  • Hot Springs
  • Little Rock
  • Morrilton
  • Mountain View
  • Pine Bluff
  • Russellville
  • Sherwood


What Delta 8 THC Products Can You Find Online?

With the increased popularity of Delta 8 over the recent years, you can find all kinds of products, and it can be unclear to figure out where to start. Below we have listed some of the most famous Delta 8 products.


Final Thoughts

With Delta 8 being in a legal grey area, make sure you step carefully and educate yourself first to avoid any issues with the local law enforcement if you decide to shop locally. As suggested, shopping online might be your safest bet for the time being.

An excellent place to start is our Delta 8 THC gummies. If you are looking for something to relax you in the evening hours, or if you are looking for something with a bit of head high, our Delta 9 THC gummies might be what you want to go with.

Not sure where to start, we suggest you download our product catalog for a quick and easy overview of all our products, what they do, and more.

Thanks for reading!


Resources:

  1. Farm Bill- https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. Drug Fact Sheet- https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. Arkansas Code Title 2 chapter 4- https://law.justia.com/codes/arkansas/2017/title-2/subtitle-2/chapter-15/subchapter-4/
  4. House Bill 1415- https://www.arkleg.state.ar.us/Acts/Document?type=pdf&act=329&ddBienniumSession=2013%2F2013R
  5. Medical Marijuana Amendment https://www.nytimes.com/elections/2016/results/arkansas-ballot-measure-6-medical-marijuana-con-amend
  6. Arkansas Drug Possession Laws- https://www.drugpossessionlaws.com/arkansas/
  7. Controlled Substance Act- Schedule of Controlled Substances: Maintaining Marijuana in Schedule I of the Controlled Substances Act (usdoj.gov)
  8. Arkansas Medical Marijuana Laws- The Arkansas Marijuana Laws | Complete Guide 2021 | Quick Med Cards
  9. Arkansas Industrial Hemp Act- Microsoft Word – 8-31-2018 Final Rule-AR Industrial Hemp Research Program in Arkansas


LEGAL DISCLAIMER
By reading this legal information, you agree to release the author of any liability related to or arising from your use of this data. This post contains no legal advice. The legal status surrounding Delta 8 THC, Delta 9 THC, and Delta 10 THC is new and constantly changing. We continuously work hard to do our best to give you the most updated information. We recommend checking your current state’s laws or federal hemp laws before purchasing any industrial hemp-derived products (CBD, THC) in Arkansas. The data in this post is not intended to diagnose, treat, cure or give any medical advice. Do your due diligence and seek your doctor’s advice, especially if you are in doubt or are currently taking any prescription medications. Safer than sorry is always a great idea when consuming new products.

Frequently Asked Questions (FAQs)

Does Delta 8 Have Health Benefits?

There aren’t many studies on Delta 8 concerning direct health benefits; however, since it’s derived from hemp, it has many similar beneficial attributes as what you can find with Delta 9 THC. Many who have used Delta 8 THC report that it can help reduce pain, calm nausea, increase appetite, and boost mental state and health, to name a few.

Will Delta 8 Get Me “High”?

In short, yes. Delta 8 THC is a psychoactive substance that can get you high. However, you might experience the high will not be as intense or long-lasting as regular marijuana. However, due to the neuroprotective properties of Delta 8, you can feel mild intoxication. The effects will be based on the dosage per volume, weight, and general tolerance. 

What Is The Difference Between Delta 8 and Delta 9?

Delta 8 tetrahydrocannabinol, also known as Delta 8, is a psychoactive substance in the Cannabis sativa plant. It’s one of over 100 hemp-derived cannabinoids taken from useable hemp, produced naturally by this type, but not limitedly present because it doesn’t show up enough when looking at the samples from plants grown for purposes other than medical or recreational use.

How Much Delta 8 Should I Take?

We suggest you start small, maybe 1/4 or 1/2 the standard dosage if this is your first time. Then from there, you can gauge how much you should take. You can always increase your dose later that day or the next time you take it.

For instance, our Delta 8 THC gummies offer a premeasured amount of Delta 8 THC (Usually between 10–50 mg per gummy). 10mg is often considered a good dose for first-time or lightweight users, while the 50 mg dose is more suitable for heavyweight users with higher tolerance levels.

Is Delta 8 THC Legal In All 50 States?

Under current federal laws, yes, it is legal. Each state has the right to make its regulations regarding hemp.

There are several states where that put a limit on what is allowed to be sold or not. So, do your homework and check out each state beforehand.

Will Delta 8 Show Up On A Drug Test?

YES! Since Delta 8 is a THC compound, it will trigger a positive drug test.
However, other products like CBD with no traceable THC or low amount THC products from full-spectrum products should be different.

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