Is Delta-8 Legal in Arkansas? What State Law Says in 2026

Delta-8 in Arkansas at a glance

Status	Banned
Age limit	Not applicable (banned)
Sale	Selling delta-8 products is prohibited; they are Schedule VI controlled substances.
Possession	Possessing delta-8 products is possession of a Schedule VI controlled substance, a criminal offence.
Product rules	Only non-intoxicating consumable hemp products are allowed, such as items with no more than 1 mg total THC per container and a CBD to THC ratio above 15:1; any finished hemp product with total THC above zero is an 'intoxicating hemp product'.
Licensing	Consumable hemp products are regulated by the Arkansas Tobacco Control Board, which licenses retailers and wholesalers; no licence covers delta-8.
Key law	Act 629 of 2023 (SB 358); Act 934 of 2025 (SB 533); Ark. Code § 5-64-215 (Schedule VI); Ark. Code § 20-56-501 et seq.
Last major change	April 2026

What Arkansas law says about delta-8 THC

Act 629 of 2023 added delta-8 THC, delta-10 THC, their acetate esters and any hemp product “produced as a result of a synthetic chemical process” that converts hemp into delta-8, delta-9, delta-6a,10a or delta-10 THC to Arkansas’s Schedule VI controlled substances.¹ A federal district court blocked the law with a preliminary injunction in 2023, but on 24 June 2025 the US Court of Appeals for the Eighth Circuit vacated that injunction in Bio Gen LLC v. Sanders, holding that the challengers were unlikely to win their preemption claim.² The state’s Department of Finance and Administration reported seizing more than 6,000 products in the following three months.⁴

Act 934 of 2025 took effect once the Attorney General certified that the litigation had ended in the state’s favour, which he did in April 2026.³⁴ It defines an “intoxicating hemp product” as any finished hemp product with a total THC concentration above zero percent, naming delta-8 expressly, and places these products in Schedule VI. Non-intoxicating “consumable hemp products” remain legal under Arkansas Tobacco Control Board regulation, with sales to people under 21 prohibited.³

Arkansas has medical marijuana under Amendment 98 but no adult-use programme.

How the federal hemp change affects Arkansas

Separate from Arkansas law, the federal definition of hemp is changing. Under the federal hemp redefinition passed in the FY2026 appropriations law, from 11 December 2026 hemp is measured by total THC, finished products are capped at 0.4 mg of total THC per container, and cannabinoids synthesised or manufactured outside the plant are excluded. Most delta-8 on the market is made by converting CBD, so most delta-8 products will fall outside the federal hemp definition from that date, whatever state law says.

A separate provision covering cannabinoids that the plant cannot produce naturally applies from 12 November 2026. Bills to delay or repeal the change are in congressional committees, but none had advanced as of September 2026. Our explainer on the federal hemp THC limit covers the detail.

Timeline of recent changes

• April 2026: Attorney General certified Act 934 of 2025, bringing the intoxicating hemp product ban and Tobacco Control Board framework into effect.
• 31 March 2026: Federal district court entered judgment in Bio Gen LLC v. Sanders.
• 24 June 2025: Eighth Circuit vacated the injunction against Act 629, allowing enforcement of the delta-8 ban.
• 11 April 2023: Act 629 signed, adding delta-8 and converted hemp THC to Schedule VI.

Delta-8 in neighbouring states

Rules change at the state line. Here is how delta-8 THC is treated in the states bordering Arkansas, as of September 2026:

• Missouri: Legal until 12 Nov 2026 state ban
• Tennessee: Legal 21+, ABC-licensed stores
• Mississippi: Unregulated grey area
• Louisiana: Legal 21+ with 5 mg serving cap
• Texas: Controlled substance since July 2026
• Oklahoma: Legal, no state age limit

Carrying products across state lines can break the law of the state you enter, and federal law also applies. Check the destination state’s rules first.

THCA in Arkansas

THCA is treated differently: in Arkansas it is Banned outside medical programme as of September 2026. Read our guide to THCA law in Arkansas, or compare the two compounds in THCA vs Delta-8.

Frequently asked questions

Is delta-8 legal in Arkansas now?

No. Delta-8 is a Schedule VI controlled substance under Act 629 of 2023. A federal court injunction paused enforcement until June 2025, when the Eighth Circuit vacated it, and Act 934 of 2025, certified in April 2026, extends the ban to any hemp product with detectable total THC.

What happened to the Arkansas delta-8 lawsuit?

Hemp businesses won a preliminary injunction in 2023, but the Eighth Circuit reversed it on 24 June 2025 in Bio Gen LLC v. Sanders. The district court entered judgment in March 2026, and the Attorney General then certified that the litigation had concluded, triggering Act 934.

Can I buy CBD products in Arkansas?

Yes, if they are non-intoxicating consumable hemp products under Act 934, such as products with no more than 1 mg total THC per container and a high CBD to THC ratio. They are sold through retailers regulated by the Arkansas Tobacco Control Board, and sales to people under 21 are prohibited.

Sources

1. Arkansas General Assembly. Act 629 of 2023 (SB 358) (approved 11 April 2023). arkleg.state.ar.us
2. US Court of Appeals for the Eighth Circuit. Bio Gen LLC v. Sanders, No. 23-3237 (24 June 2025). ecf.ca8.uscourts.gov
3. Arkansas General Assembly. Act 934 of 2025 (SB 533) (approved 21 April 2025). arkleg.state.ar.us
4. Arkansas Advocate via Marijuana Moment. Arkansas Attorney General Certifies Law Restricting Hemp-Derived THC Products (April 2026). marijuanamoment.net

Editorial note: This page is general legal information, not legal advice, and reflects our reading of Arkansas and federal law as of 24 September 2026. Hemp and cannabis laws change quickly and are enforced differently by different agencies and localities. If you sell, ship or carry these products, check the current rules with the relevant state agency or a licensed attorney.

See the full state-by-state Delta-8 table →