Legislation Would Address Delta-8 THC in Arkansas

A bill filed last Friday at the Arkansas Legislature would address Delta-8 THC in state law.

S.B. 358 by Sen. Tyler Dees (R – Siloam Springs) and Rep. Jimmy Gazaway (R – Paragould) would prevent Delta-8 THC from being manufactured via industrial hemp, and it would place Delta-8, Delta-9, and Delta-10 THC on the list of controlled substances in state law.

THC is the primary psychoactive substance found in marijuana.

State and federal laws generally regulate Delta-9 THC, which has led some people to argue that other variants of THC — such as Delta-8 THC — are legal under state or federal law.

Delta-8 THC is still a mind-altering substance, and Arkansas law does not adequately restrict it. S.B. 358 would help address that problem.

Delta-8 THC has been a point of contention since Arkansas legalized medical marijuana and industrial hemp.

A lawsuit filed in state court last year alleged that a Delta-8 THC vape product contained inappropriate levels of Delta-9 THC. The case ultimately was dismissed and closed in January.

Recent news articles have highlighted the risk that children face from Delta-8 THC in Arkansas.

S.B. 358 is a good bill that will strengthen Arkansas law and help protect children from dangerous marijuana products.

Read S.B. 358 Here.

Arkansas Medical Marijuana Companies Face Lawsuit Over Labeling, THC Levels in Product

A new lawsuit alleges that a medical marijuana testing company conspired with other members of the marijuana industry to falsely label marijuana products.

The plaintiff in the lawsuit — a self-identified elderly, chronic pain patient — filed a complaint in Pulaski County Circuit Court on February 23 against marijuana testing company Steep Hill Arkansas and marijuana cultivators Bold Team LLC, Natural State Medicinal, and Osage Creek LLC.

Arkansas’ medical marijuana amendment requires marijuana sold in the state to be tested. However, it does not provide for clear regulation or oversight of the laboratory testing process.

The lawsuit alleges that the companies colluded to mislabel medical marijuana products and lead consumers to believe that the marijuana contained more THC than it actually did.

This is at least the second lawsuit against Steep Hill, Natural State Medicinal, Bold Team LLC, and Osage Creek over their testing and labeling practices.

Last July three Arkansas residents filed a class action lawsuit in federal court against the companies, claiming they falsely labeled the marijuana they cultivated by overstating the amount of THC in their marijuana products. Since then the plaintiffs have asked the court to dismiss the lawsuit.

The plaintiff in the suit filed in Pulaski County appears to have previously been a plaintiff in the federal lawsuit filed last year.

In 2018 the state’s Medical Marijuana Commission authorized Natural State Medicinal, Bold Team LLC, and Osage Creek to grow marijuana in Arkansas.

Besides being prominent members of the medical marijuana industry, Natural State Medicinal, Bold Team, and Osage Creek have supported recreational marijuana legalization in Arkansas.

According to reports filed with the Arkansas Ethics Commission, Bold Team LLC donated $2.2 million toward the campaign to pass marijuana amendment Issue 4 in 2022, while Osage Creak donated $2 million, and Natural State Medicinal donated $700,000.

On November 8, 2022, voters in Arkansas soundly rejected Issue 4, the proposed marijuana amendment, despite the fact that the group supporting it spent more than $14.2 million on the campaign to pass the measure.

Read the Complaint Filed in Pulaski County Circuit Court Here.

Anti-Marijuana Group Opens in Arkansas, Opposes S.J.R. 13

The group Smart Approaches to Marijuana (SAM) announced this week that it is launching operations in Arkansas.

SAM Arkansas’ website — samarkansas.com — offers Arkansans information about problems associated with marijuana, including:

  • The link between marijuana use and mental illness
  • The power that wealthy cannabis companies wield
  • The rising THC levels found in today’s marijuana

The SAM Arkansas strongly opposes S.J.R. 13 — a proposed constitutional amendment that would legalize marijuana in Arkansas — posting the following statement:

“Arkansans sent a clear message in 2022: they don’t want marijuana in their state. They recognized that legalization is nothing more than a way for rich investors to profit off of an addiction-for-profit model targeted at our kids. There is no appetite for yet another ballot measure trying to legalize marijuana in Arkansas,” said Luke Niforatos, Executive Vice President of SAM Action. “The home grow provisions of this bill are dangerous, too. Legalizing home grow only invites drug cartels into the state. Cartels can cut trafficking costs by producing marijuana in-state, putting the safety of Arkansans at serious risk.

“SJR 13 is an industry bill that, if passed, will hurt Arkansans. The voters of Arkansas already had to vote on the health and safety of their children last year when legalization was on the ballot. They should not have to do so again.”

Read more about SAM Arkansas’ work here.