Approximately 6,000 illegal hemp-derived THC products have been seized by regulators in Arkansas since a ban on intoxicating substances derived from hemp was upheld.
In mid-July, the U.S. Eighth Circuit Court of Appeals upheld Arkansas’ ban, which was followed by thousands of visits by state Department of Finance and Administration’s (DFA) Regulatory Division officials to retailers warning them to remove infringing stock.
A letter was also sent out, warning that hemp-derived delta-8, delta-9, delta-6a, 10a, or delta-10 tetrahydrocannabinol (THC) and their respective acetate esters were classified as Schedule VI controlled substances, meaning they have no accepted medical use, are considered unsafe, and carry a risk of physical or psychological dependence.
“The continued sale, production, or possession of products containing any of these substances is illegal and may subject you to criminal penalties including incarceration, as well as potential regulatory penalties or sanctions,” stated the letter.
Possession of such products by end-users is also illegal.
The letter and visits were followed by formal enforcement, which aside from product seizures has resulted in two felony arrests and numerous misdemeanor citations.
“While most regulated businesses have complied, a small number of bad actors continue to endanger our communities by intentionally keeping these substances on their shelves or attempting to covertly sell them,” said Regulatory Enforcement Director David Potter. ““Many of these products—synthetically produced in foreign laboratories and often packaged to resemble common candies, snacks, or beverages—pose significant risks to public health, particularly to Arkansas youth.”
Senate Bill 358, now Act 629, was signed into law by Governor Sarah Huckabee Sanders on April 11, 2025.
While hemp THC products are banned, Arkansas does have a medical marijuana program. As at September 20, 2025 there were 109,675 active ID cards registered in the state. To qualify for the program, patients must have at least one of approximately 18 medical conditions, and be certified by a medical practitioner.
Medical marijuana must be purchased from one of the state’s licensed dispensaries. Qualified registered patients are allowed to purchase up to 2.5 ounces from a dispensary in a 14-day period.
More information on the Arkansas medical marijuana program can be found here.
As for adult-use cannabis generally, Arkansas voters gave a thumbs-down to a measure to legalize it in the 2022 election.
