Delta 8 THC in Arkansas: Is It Legal & Where to Buy in 2022?

Area 52
June 16, 2021 | Legal

Arkansas is very clear with its cannabis laws. Although most states are on the verge or have already legalized delta 8 THC, Arkansas lawmakers have chosen to let it remain illegal as of now.

Laws surrounding cannabis are very confusing and difficult for a layman to understand. Since it’s legal on a federal level, one can assume that the states will follow the lead, but that’s not true in some cases. The farm bill explicitly mentions that cannabinoids derived from the hemp plant are legal. However, the Drug Enforcement Administration issued a statement mentioning that cannabinoids derived synthetically would still be treated as controlled substances.

And that’s where the confusion begins. Since delta 8 THC is made using CBD and not extracted from hemp directly, the state of Arkansas has chosen to interpret that it is a controlled substance and therefore made it illegal.

Is Delta 8 THC Legal in Arkansas?

wooden gavel and a cannabis leaf on a table

Unfortunately, delta 8 THC is illegal in the state of Arkansas.

Although it’s federally legal under the Farm Bill, some states may have their own adaptations. On the federal level, any cannabinoid extracted from hemp containing less than 0.3% THC is legal.

Hemp and CBD are legal in the state of Arkansas. However, state legislation has placed a few limitations, specifically on THC or tetrahydrocannabinol. Since the laws of Arkansas currently prohibit selling delta 8 THC in the state, you may find it unsafe and tough to purchase it.

Arkansas has a cannabis program where products made from hemp or CBD can be sold and purchased freely. At first glance, it seems like there isn’t much difference between the federal and Arkansas state laws; however, you will notice a few alterations if you look closer.

Simply put, the federal law is clear that cannabis plants containing less than 0.3% THC, including all the cannabinoids that can be derived from the plant, are legal. This means that delta 8 THC should be legal as long as it contains acceptable levels of THC. However, Arkansas has made it clear that cannabinoids — even if they contain less than 0.3% — are not legal.

Clarifying this further, Arkansas views all formulas or recipes or extracts of THC — even those derived from hemp — as Schedule VI Controlled Substances.

Where to Buy Delta 8 THC in Arkansas

While you won’t be able to buy delta 8 THC in Arkansas, the laws are likely to change here as the US relaxes its cannabis laws.

When delta 8 THC becomes legal, the best place to source this cannabinoid will be online.

Ordering online is almost always cheaper, provides a much larger selection of products, and provides access to important third-party testing for each batch of extract.

The benefits of ordering delta 8 THC online:

  • Online shops have better pricing and seasonal discounts
  • When you buy online you can read customer reviews & third-party tests before you buy
  • Ordering online is easier and more convenient
  • Online shops have a greater selection of products
  • Products left on store shelves degrade more quickly

Currently, we’re not shipping to Arkansas but will resume shipping as soon as Arkansas law permits.

Do I Need A Medical Card in Arkansas To Order Delta 8 THC?

Delta 8 THC is illegal in Arkansas, so you cannot purchase it even if you have a medical card. It isn’t legal to sell, purchase or distribute it. Medical marijuana laws slightly differ at times, so it’s best to go through the Arkansas Department of Public Health’s processes carefully if you have underlying ailments.

Most doctors will not prescribe delta 8 THC, considering it falls under a gray area. Plus, the laws are confusing, and what’s legal in, say, Washington, may not be legal in Arkansas. To purchase products made from THC, you will need to be diagnosed with a medical condition. If your doctor is willing to write a prescription, you may have some luck. However, since it’s difficult to obtain the substance, you will have to look for other alternatives.

What’s The Difference Between Delta 8 THC & Delta 9 THC?

plantation of cannabis plants

Delta 8 THC is very similar to delta 9 THC if you look at the chemical structure. However, the molecular structures of both cannabinoids differ by one single bond, which makes them react differently. Now, you know that THC or delta 9 THC, in particular, is a cannabinoid responsible for the psychoactive effects cannabis produces.

In other words, it makes you “high.” Although delta 8 THC performs similarly, it removes the edge slightly, which means that you may not feel the paranoia or anxiety you’re prone to feel when you consume delta 9 THC. This singular difference in the chemical structures of the cannabinoids plays a key role in the eyes of federal law. It also creates a lot of confusion.

Note that both delta 8 and delta 9 THC bind with the cannabinoid receptors found in the human brain to work their magic. However, the difference is that delta 8 is far weaker comparatively.

Is Marijuana (Delta 9 THC) Legal In Arkansas?

Arkansas has a medical marijuana program, but the herb remains illegal here for any nonmedical use. Fines can be pretty hefty in this state for people that don’t follow these laws.

Related: Where is marijuana legal in the United States?

Is Delta 10 THC Legal in Arkansas?

Currently, there’s no difference in the laws from one cannabinoid to another, except CBD, so delta 10 THC is also illegal like delta 8 THC.

Although the Federal law does not explicitly mention specific cannabinoids like delta 8 and delta 10 THC, the state of Arkansas is clear with its rules. It’s safe to say that both delta 8 and delta 10 THC is considered illegal.

What’s The Future of Delta 8 THC in Arkansas?

It appears that delta 8 and delta 10 THC will remain illegal in Arkansas for the foreseeable future. There are no upcoming bills in the state that seeks to remove the language that outlaws delta 8 within the state.

With that said, the US is making a broad move towards total legalization. We’re likely only a couple of years away from widespread legalization of marijuana and its derivatives — including delta 8 THC. This is going to need to come from the top-down in a similar way the changes came for CBD in late 2018. When the federal government legalizes all cannabis extracts, Arkansas and other conservative states will be forced to accept these changes into local state law.

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