Griffin Says Delta 8, Delta 9 THC Products Now Illegal in Arkansas Following Court Mandate

LITTLE ROCK – Arkansas Attorney General Tim Griffin said Tuesday that products containing Delta 8, Delta 9, and other hemp-derived psychoactive substances with THC are now illegal in the state following the finalization of a federal appeals court ruling.

The U.S. Court of Appeals for the Eighth Circuit issued a mandate finalizing its decision in Bio Gen LLC v. Sanders, a case involving Arkansas’ 2023 law banning intoxicating hemp products. The ruling clears the way for state enforcement of that law, which had previously been blocked by a preliminary injunction.

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“With the mandate from the Eighth Circuit now issued, there is no more ambiguity as to the legality of Delta 8, Delta 9, and similar hemp-derived psychoactive products containing THC,” Griffin said in a written statement. “These products are illegal, Schedule VI drugs.”

Griffin warned that business owners who continue selling the substances may face criminal prosecution, as well as consumers who purchase them.

“These products pose serious risks to consumers, particularly our children, and are essentially recreational, synthetic marijuana,” he said. “I look forward to seeing these dangerous products off the shelves in Arkansas.”

The products, often sold in vape cartridges, gummies and other consumables, have grown in popularity since the 2018 federal Farm Bill legalized hemp and its derivatives with less than 0.3% Delta 9 THC. Arkansas lawmakers moved to ban synthetic or concentrated forms of these compounds in 2023, citing public health and safety concerns.

That law had been on hold pending the outcome of the federal court case, but the mandate issued this week allows Arkansas officials to begin enforcement.