A federal appeals court has cleared the way for Arkansas to begin enforcing its 2023 ban on delta-8 and similar hemp-derived intoxicants. State officials say the products are too dangerous and too easy for kids to access.
Key Facts:
- The U.S. Court of Appeals for the 8th Circuit reversed a lower court ruling and upheld Arkansas’ ban on delta-8, delta-9, and delta-10 hemp-derived products.
- Act 629 prohibits the production, sale, or transportation of intoxicating hemp products in Arkansas.
- The plaintiffs—four hemp-related companies—argued the law conflicted with the federal 2018 Farm Bill and was unconstitutionally vague.
- The appeals court disagreed, saying the law was not vague and the lower court “abused its discretion.”
- State officials, including Attorney General Tim Griffin and Gov. Sarah Huckabee Sanders, praised the ruling as a public safety win.
The Rest of the Story:
The legal fight centered on whether Arkansas had the authority to regulate hemp-derived intoxicants that the federal government legalized under the 2018 Farm Bill.
Delta-8, delta-9, and delta-10 THC—chemical cousins of marijuana’s main psychoactive compound—have flooded store shelves, often in the form of gummies, oils, and vape pens.
While a lower court had temporarily blocked enforcement of Arkansas’ Act 629, calling parts of it too vague—especially its ban on transporting products through the state—the 8th Circuit reversed course.
“We conclude Act 629 is not unconstitutionally vague,” the three-judge panel wrote.
Attorney General Tim Griffin said the ruling clears the way for the law to take effect within a month.
Lawmakers passed Act 629 in 2023 amid fears that the psychoactive products were being sold to minors with little oversight.
Today the United States Court of Appeals for the Eighth Circuit reversed a lower court’s decision to enjoin Act 629 of 2023. Today’s ruling isn’t just a win for Arkansas, it’s a win for common sense and the rule of law. If you are selling these products, you are now doing it in… pic.twitter.com/whLQwGHMc8
— Attorney General Tim Griffin (@AGTimGriffin) June 24, 2025
Commentary:
So-called “legal weed” found a back door through the hemp loophole. Arkansas just slammed it shut.
Delta-8 and its chemical cousins were never what the 2018 Farm Bill intended when it legalized industrial hemp.
These compounds are synthesized in labs and marketed as marijuana-lite—sold in gas stations, smoke shops, and online, no age check required.
What could go wrong? Turns out, quite a lot.
Lawmakers heard reports of kids buying gummies next to the candy bars.
No testing. No regulation. No warning labels.
Just chemically tweaked THC for sale with your slushie.
Of course the industry screamed when Arkansas cracked down. They hid behind the “federal law” shield and ran to court.
But here’s the thing: states still have a say in protecting their citizens.
The 8th Circuit reminded everyone of that. And let’s give credit where it’s due.
AG Tim Griffin fought this fight like it mattered—because it does.
When even medical marijuana advocates like Melissa Fults admit there’s a problem with how delta-8 is sold, you know something stinks.
The libertarian crowd might argue the government should butt out.
But this isn’t about grown adults lighting up in their basement. It’s about psychoactive products sold to minors like candy.
Even freedom comes with responsibility. Some businesses will take a hit.
That’s the cost of cleaning up a gray market that never should’ve existed.
Lawmakers saw a loophole, and they closed it—before someone’s kid landed in the ER.
The Bottom Line:
Arkansas just scored a major legal win in its effort to restrict intoxicating hemp-based products.
The court ruling clears the path for states to set their own limits, especially when public safety is at stake.
Convenience store weed may have met its match.
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