On Monday a group of cannabis companies filed a federal lawsuit to block the State of Arkansas from banning Delta-8 THC.

Act 629 of 2023 by Sen. Tyler Dees (R – Siloam Springs) and Rep. Jimmy Gazaway (R – Paragould) is a good law that prevents Delta-8 THC from being manufactured via industrial hemp — or cannabis — in Arkansas.

The law places Delta-8, Delta-9, Delta-10 THC, and other psychoactive drugs made from industrial hemp on the list of controlled substances in state law. It also contains language enacting drug restrictions that would take effect if a state or federal court someday blocked Arkansas from prohibiting Delta-8 altogether.

Delta-8 THC is a mind-altering substance made from cannabis, and apart from Act 629, Arkansas law does not adequately prohibit it.

The Arkansas Legislature passed Act 629 earlier this year, and Gov. Sanders signed it into law. Now companies that profit from Delta-8 THC are suing to block the measure.

According to Monday’s lawsuit, the companies working to overturn Act 629 in court are:

  • Smoker Friendly, a Colorado company that operates 58 stores selling Delta-8 in Arkansas.
  • Sky Marketing, a Texas company that sells substances like Delta-8 wholesale in Arkansas.
  • Bio Gen LLC, a Fayetteville company that farms industrial hemp.
  • Drippers LLC, a company that sells Delta-8 THC and other cannabinoids. According to its website, Drippers operates stores in Greenbrier, Cabot, Hot Springs, El Dorado, and Benton.

It should not come as any surprise that companies who profit from Delta-8 THC in Arkansas are suing to keep Delta-8 legal.

Act 629 of 2023 is a good law that protects Arkansans from dangerous drugs. We believe courts will recognize that fact and ultimately let the state enforce it.