Arkansas stores prepare for Delta-8 ban

As a ban on Delta-8 and Delta-9 draws closer, officials are visiting stores across the state and warning them to pull certain products off the shelves.

LITTLE ROCK, Ark. — Officials and business owners across the State of Arkansas are preparing as a ban on some hemp-related products grows closer.

During the House Rules Committee meeting on Wednesday, state lawmakers asked questions about an upcoming ban on certain products that contain substances like Delta-8 and Delta-9.

David Potter, Arkansas’s Enforcement Director over this area, explained that Arkansas Tobacco Control has already been notifying businesses of the upcoming changes.

“We’ve got just over 1,500 permits that our agents have visited,” Potter told lawmakers. “Performing courtesy visits, just advising them of the ruling and that these products are going to become illegal very soon, and directing them to remove them from their stock immediately.”

The products in question were first made illegal when Act 629 passed in 2023, but that law faced various legal challenges before a judge ruled it valid in June of this year.

Erika Gomez at Healing Hemp in Little Rock said it won’t affect the majority of their products.

“We don’t think this act is trying to strike down CBD sales altogether, it’s more after the Delta-THC,” Gomez said. “We have made the decision to pull some things from our store, things that were labeled with Delta-8.”

CBD refers to cannabidiol, a substance that comes from the hemp plant but doesn’t get you high and is often used for medical purposes.

On the other hand, the often-manmade Delta-8 and Delta-9 variation are sometimes considered dangerous for their intoxicating effects and colorful packaging that can be misleading to children.

Those are the substances targeted in the new law … something that Caleb Smith of the Arkansas Hemp Trade Association strongly disagrees with.

“For the state government to come back and say, ‘Hey, no, you’re criminals.’ You know, it’s kind of a slap in the face to most of us,” Smith said. “Because we’re not out here doing this for nefarious reasons. We’re out here helping people.”

Gomez said Healing Hemp’s products, for the most part, don’t have these delta varieties which makes them immune from the upcoming law.

But she and Smith agree that they find Act 629 to be a little vague. The two wish the 25-page law wasn’t set to alter their industry.

“I have seen some panic buying and I’ve seen a lot of questions centered around this bill,” Gomez said.

“As long as you’re buying from a reputable, trusted brand,” Smith added, “And you see those full COAs- certificate of analysis- telling you exactly what’s in the product, then you’re good. It’s not a dangerous, nefarious product.”

The FDA has said that they currently do not approve Delta-8 products and don’t recommend them for children.

As far as when Act 629 could go into effect, the federal court that approved it still has to issue a mandate which could happen any time in the next couple of months.

The Arkansas Department of Finance and Administration, which is over Arkansas Tobacco Control and other agencies monitoring this process, sent the following statement.

“DFA’s Regulatory Division consists of Alcoholic Beverage Control, Tobacco Control and Medical Marijuana oversight. Enforcement agents from this team have recently visited thousands of retailers across the state to inform them of the Delta THC ban. They have not made arrests, seized products or issued citations. They are courtesy visits to inform them of the ban. The ban is not surprising as Act 629 was passed in 2023. Owners knew a decision would eventually be issued in the litigation challenging it.”

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