Block on Arkansas’s Delta-8 ban law reversed | Here’s what it means

A new court ruling removes the block on an Arkansas law banning products like Delta-8 from being sold in stores.

LITTLE ROCK, Ark. — On Tuesday, Arkansas Attorney General Tim Griffin announced a new court ruling that could reinstate a ban on Delta-8 products across the state.

The law, otherwise known as Act 629, was passed in 2023, but was blocked by a federal judge amid lawsuits from local sellers.

That allowed the products to stay on the shelves until now.

“During that time, we said, you know what? We’re gonna take any chances with the feds,” said AG Griffin. “Let’s get the feds to expressly say that’s not what we meant.”

Griffin said his office, along with state leaders, got the Eighth Circuit involved.

It was their decision that led to the reversal of the freeze and to clarify the language of the law.

“The Eighth Circuit dismissed the part of the suit against the governor and me [they] said, That’s ridiculous. That’s gone. The Eighth Circuit found the federal farm bill does not preempt Arkansas law. And our law is not vague, it’s crystal clear,” he added.

During Tuesday’s press conference, he explained that it removes loopholes for businesses like smoke shops and gas stations to sell these products, making it illegal.

Senator Tyler Dees (R-Siloam Springs), who introduced the bill, said that while they waited for a decision, there was a price to pay.

“It’s even worse when you know that this is sold over the counter to 14-year-old kids. They were made to look like easy-to-open packaging, high color, high gloss characters made to look like gummies and brownies, and really fun and approachable products,” described Dees. “When in reality, they’re very dangerous and they were never intended for our youth.”

Advocate Melissa Fults shared similar stories but said she believed the solution to the problem lies somewhere else.

“Restrict, test, register, and allow, but don’t just leave it alone. Don’t ban it, but don’t just let it continue like it is,” Fults said. 

Attorney General Tim Griffin said the legislation has already passed the House and now sits in the Senate.

He projects that the ban will officially go back into effect in about eight weeks, forcing businesses to remove them from shelves.

Source link