Ever since its federal legalization in 2018, delta 8 has swept the nation and risen in popularity as cannabis royalty. While most states have agreed to the national consensus, others have placed bans on the compound within state lines. But what side is the Natural State on? Is delta 8 legal in Arkansas?
Is Delta 8 Legal in Arkansas?
Delta 8’s legal history in the United States is best understood by looking back at the federal Farm Bill of 2018. This law, also known as the Agriculture Improvement Act, has contributed greatly to hemp’s growth in recent years.
Among the most important changes brought about by the Farm Bill was the legal distinction between hemp and marijuana. In spite of their scientific similarity, the Farm Bill differentiates them legally. A cannabis plant with THC levels over 0.3% is classified as marijuana, while hemp contains less than 0.3%.
However, the most significant provision of the Agriculture Improvement Act was the federal legalization of hemp and its derivatives, including compounds like delta 8. On the other hand, marijuana remains an illegal controlled substance under US law. That said, a recent statement by the Biden administration outlined their plans to reevaluate the government’s stance on marijuana. In the meantime, hemp-derived cannabinoids that contain 0.3% THC or less are the only federally legal cannabis products.
So, is delta 8 legal in Arkansas like it is at a federal level?
Yes! Delta 8 appears to be legal in the state of Natural State. In 2021, the state replaced an old hemp bill with a new and improved law, removing a key provision that had previously banned delta 8 and other forms of THC.
Passed in March of 2021, House Bill 1640 replaced the Arkansas Industrial Hemp Act. Also known as House Bill 1415, the older bill included a section detailing the illegality of delta 8. Because this provision is not included in HB 1640, hemp-derived products are exempt from the state’s list of controlled substances, rendering them fully legal. Although it was previously illegal in the Natural State, the modernized law reflects the federal government’s stance on hemp and its derivatives.
Shipping Delta 8 Products to & from Arkansas
Retailers and manufacturers from out of state can ship delta 8 products to Arkansas as long as they remain legal to sell and possess. This is especially beneficial for residents of the state who want easy access to high-quality cannabinoids.
If possible, purchasing delta 8 online is the best choice. There is much more transparency in online stores than in physical shops. You can examine third-party lab reports and ingredient lists at your leisure when shopping online, which is not possible when you buy a product in person. Furthermore, online retailers offer a much wider selection of products, so you can browse your options and find something that suits your lifestyle. In addition, online stores usually offer excellent customer service and comprehensive customer satisfaction programs.
In spite of all that, it’s possible to purchase delta 8 products in person in Arkansas if you know what to look for.
Delta 8 in Arkansas
The fact that delta 8 is legal in Arkansas does not mean that the Natural State is all for mother nature’s favorite plant. The state remains committed to a strict ban on recreational marijuana.
In fact, first-time possession of up to four ounces is punishable by up to $2,500 on top of one year in prison and a mandatory six-month driver’s license suspension. After two existing convictions, getting caught with more than an ounce of weed is classified as a Class D felony and is punishable by six years in prison and a maximum fine of $6,000.
While some counties in states where marijuana is illegal have taken measures to decriminalize or lessen punishments for marijuana possession, no county or city in Arkansas has decriminalized the offense. Legalization initiatives have been blocked by the state court over and over again, but this year, the state’s Supreme Court ruled that people will be able to vote on cannabis legislation in the 2022 November ballot. Here’s to hoping!
For now, delta 8 remains the only way for Arkansans to reap the benefits and effects of the cannabis plant—without a medical cannabis card, that is, but more on that later.
Things to Consider When Buying Delta 8 in Arkansas
The FDA does not regulate Delta 8, so companies are responsible for setting their own safety and quality standards. This is why you should choose a retailer you can trust. The following factors should be considered when choosing a company from which to purchase hemp-derived compounds.
Your first priority should be lab tests! You should always be aware of what you put into your body. There are some labels or sellers claiming their products contain safe and pure delta 8, but how can you be sure? As well as revealing the potency and purity of the product, lab testing reveals the retailer’s commitment to safety. Labs can also test for harmful additives along with contaminants, so you can rest assured that your product is safe.
Bleach should be avoided at all costs. A high-quality delta 8 distillate will never be completely transparent. It can range in color from light pink to amber, but it will never be completely clear. Some manufacturers bleach their products to make them appear safer and purer. It is advisable to avoid vapes or oils that are completely see-through.
Choosing the right hemp for your products is also important. Delta 8 products must be made from organic hemp cultivated right here in the USA if they are to provide the best (and safest) results. Of course, to be legal, delta 8 products must come from hemp, but that’s not the only thing that makes them safe. As a plant with a high absorption rate, hemp can absorb nutrients or toxins depending on its environment. It’s best to look for manufacturers who do not use pesticides or other harmful chemicals in the growing process because whatever it absorbs will end up in your product.
Arkansas Cannabis Market Grows with Delta 8 & Medical Marijuana
Recreational cannabis may not yet be a reality in the Natural State, but medical marijuana sure is! Arkansas counts on an extremely comprehensive medical cannabis program, which means that qualifying patients get to safely and legally reap all of cannabis’s wellness benefits. With delta 8 in the picture, however, the medical cannabis market may see some competition. But what does the introduction of delta 8 mean to this industry?
Arkansas Medical Cannabis Laws
In 2016, 53% of Arkansas voters approved a medical marijuana initiative. The following year, Amendment 98 was revised by the legislature, and thus the Arkansas Medical Marijuana Amendment. It allows seriously ill patients to obtain and safely use medical marijuana with their doctors’ approval.
That’s all well and nice on paper, but how does the bill actually work?
First, a patient with a qualifying condition is required to apply for an Arkansas Medical Marijuana ID card. This requires some paper, including:
- A patient registry application form.
- A completed Physician Written Certification.
- A photocopy of the front of your Arkansas driver’s license or state ID.
- The nonrefundable application fees.
Your medical card will be valid for up to a year from the date it’s issued, but it may be issued for less than a year if designated by your physician. For renewal, the same documents need to be submitted with a new certification from your physician—the old one cannot be used.
You can also apply as a visiting out-of-state patient, but you must have a medical marijuana card or equivalent from that state. Additionally, the conditions for which you were approved in another state must also be aligned with the qualifying conditions approved in Arkansas.
The qualifying conditions are:
- Cancer
- Glaucoma
- Positive status for human immunodeficiency virus/ acquired immune deficiency syndrome
- Hepatitis C
- Amyotrophic lateral sclerosis
- Tourette’s syndrome
- Crohn’s disease
- Ulcerative colitis
- Post-traumatic stress disorder
- Severe arthritis
- Fibromyalgia
- Alzheimer’s disease
- Cachexia or wasting syndrome
- Peripheral neuropathy
- Intractable pain (pain that has not responded to ordinary medications, treatment, or surgical measures for more than six months)
- Severe nausea
- Seizures including epilepsy
- Severe and persistent muscle spasms (including but not limited to those symptoms of multiple sclerosis)
- Any other medical condition or its treatment approved by the Department of Health
What conditions qualify for medical marijuana in the state of Arkansas?
That said, you don’t automatically apply as a qualified patient—you need an official physician written certification from a medical physician submitted with your application. Additionally, a petition to add new qualifying medical conditions can be submitted to the department. They will approve or deny petitions within 120 days.
Arkansas’s medical marijuana program is comprehensive, to say the least, but that doesn’t mean that you’re free to score an eighth from your friendly neighborhood dealer just because you have fibromyalgia or severe nausea! In order to be protected under the Arkansas Medical Marijuana Amendment, you must purchase your cannabis from a state-licensed dispensary. Qualified patients are allowed up to 2.5 ounces of cannabis in a 14-day period.
In the case that a qualified patient is under 18 years old, they cannot purchase medical marijuana from a dispensary. A legal guardian or parent is required to register as a caregiver to buy medical marijuana for a minor.
The bill also contains some other limitations. It remains illegal for patients to possess or use cannabis at several locations, including schools, daycare centers, drug or alcohol treatment facilities, youth centers, correctional facilities, or in public places. Additionally, cannabis cannot be smoked in the presence of anyone under the age of 14; in a motor vehicle, aircraft, or motorized watercraft; (knowingly) in the presence of a pregnant person; or somewhere it may impair another person who is not a registered patient.
It goes without being said that it also remains illegal to operate a vehicle, motorized boat, or plane under the influence of the compound. The amendment also allows landlords to prohibit on-site cannabis smoking, but they cannot prevent non-smoked consumption of medical cannabis.
The bill also provides legal protections for patients. As stated in the amendment, “An employer shall not discriminate against an applicant or employee in hiring, termination, or any term of condition of employment, or otherwise penalize an applicant or employee based upon the applicant’s or employee’s past or present status as a qualifying patient or designated caregiver.” It does not, however, prohibit an employer from implementing a drug-free workplace policy that may include drug testing.
As of October 2022, over 91,000 people have an active medical marijuana ID card in the state of Arkansas!
Arkansas Medical Cannabis vs. Delta 8
Clearly, Arkansas has taken much more than a step in the right direction regarding medical cannabis legislation. The Arkansas government has proven to its voters and taxpayers that they are committed to compassionate care. That said, not everyone in the Natural State qualifies for its medical cannabis program. So, how can these people experience the same benefits as those who do qualify?
Here’s where delta 8 comes into play. As a milder analog of delta 9—the main psychoactive compound in marijuana—delta 8 offers virtually the same benefits as marijuana, albeit to a lesser extent. That means that those who do not qualify for medical cannabis licenses in the state can still reap the compound’s benefits legally and freely.
Where to Find Delta 8 in Arkansas
After all this delta 8 talk, we bet you’re just about dang ready to try some delta 8 for yourself. Now, remember, delta 8 products are always best sourced from online retailers, but if you want to score some local goods, be sure to stay on the lookout for indicators of safety and quality.
Little Rock – SUNMED – 5.0 Stars
With a super helpful staff and products that work exactly as advertised, this hemp-derived cannabinoid store offers more than just delta 8 or CBD—it offers an unmatched customer experience!
Hot Springs – Vapor Cloud – 4.7 Stars
With a nice selection of cannabinoid and tobacco products, this is your one-stop shop for all things smokable. But the Vapor Cloud experience goes way beyond that; they offer a knowledgeable staff, a friendly environment, and amazing prices.
Bentonville – American Shaman of Rogers – 5.0 Stars
Great service, great products, great prices. That’s what this store’s glittering customer reviews say. What more do you need?
Are All Hemp-Derived Cannabinoids Legal in Arkansas?
Even though delta 8 is the most popular hemp-derived cannabinoid to date, its relatives can prove just as entertaining. It is, after all, no secret that hemp is a fruitful plant that provides a wide range of benefits. But what are these other compounds, and are they legal in Arkansas?
There are dozens of cannabinoids present in hemp, and their properties and benefits range from energy and focus to relaxation and euphoria. The following are some of the most popular hemp compounds.
A cannabinoid popular with cannabis users is delta 10. Despite what many people believe, delta 10 is even milder than delta 8. It also has a completely different set of benefits, including energy, focus, and creativity.
HHC, a cannabinoid stronger than delta 8 but milder than delta 9, produces euphoric effects in its users, making for a very relaxing high.
So, are they legal in Arkansas? Yes! These cannabinoids follow the same logic as delta 8, meaning that as long as they are made from hemp and contain less than 0.3% THC, they are fully legal to sell, purchase, possess, and use in the Natural State.
Is Delta 8 Legal in Arkansas: Final Thoughts
So, is delta 8 legal in Arkansas? It is! And so are all other hemp-derived cannabinoids that comply with the federal and state cap of 0.3% THC. While it’s always easier to get these compounds online, you can get them in person in the state of Arkansas. Just remember to look out for some key indicators when it comes to the purity and quality of the products you’re purchasing.
Arkansas also has a pretty extensive medical cannabis program, but if you happen to live in the Natural State and don’t qualify, you’re in luck! You can still purchase delta 8 with no need to apply for any documentation.
If that’s the case—or if you’re looking for a hemp-derived good time—go out there and enjoy your safe and legal delta 8!
