Recently news outlets around the country have highlighted ways that different states are pushing back against dangerous drugs made from industrial hemp. However, proposals at the Arkansas capitol would actually protect these drugs under state law.
In 2018, Congress passed the federal Agriculture Improvement Act legalizing industrial hemp in America.
“Industrial hemp” refers to varieties of the cannabis sativa plant that are low in THC.
The goal was to make it possible for farmers to grow hemp that could be used for textiles like rope or cloth. But manufacturers found a way to extract and refine the THC in industrial hemp. Doing this on a commercial scale means they can produce a lot of THC to infuse into drinks, candies, and other products marketed as “federally legal THC” made from industrial hemp.
But the truth is that “federally legal THC” exists in a legally gray area. When Congress legalized industrial hemp in 2018, most people probably did not anticipate it leading to THC gummies for sale.
The U.S. Food and Drug Administration has said that federal law actually prohibits the addition of hemp-derived THC in food products.
Now a number of states are pushing back against THC and other drugs made from hemp.
For example, the Massachusetts Department of Health has prohibited the sale of food or drinks containing THC made from hemp.
Last year lawmakers in South Dakota passed a law prohibiting the sale of products containing THC made from hemp. That law has been challenged in court, but the federal judge presiding over the case has let the state continue enforcing the law, noting that the lawsuit does not demonstrate “a likelihood of success.”
California has continued to enforce executive rules prohibiting food and drinks that contain THC made from industrial hemp.
Public officials in Wisconsin are expressing serious public safety concerns over how THC in drinks can impair drivers.
And city council members in Albuquerque, New Mexico, are considering an ordinance to prohibit THC products made from hemp.
The Situation in Arkansas
In 2023, Arkansas passed Act 629 by Sen. Tyler Dees (R – Siloam Springs) and Rep. Jimmy Gazaway (R – Paragould). This good law prohibits THC made from industrial hemp, and it contains a regulatory framework for hemp products if it is struck down in court. Act 629 has been tied up in federal court for quite some time, but attorneys expect a ruling in the case very soon.
While some states move to protect people from hemp-derived THC, several proposals in Arkansas would legalize THC made from hemp all over the state.
H.B. 1722 by Rep. Jeremiah Moore (R — Clarendon) would repeal Act 629 and legalize THC made from hemp — including e-cigarettes, food, drinks, and other products containing THC.
H.B. 1722 would give wealthy companies a way to grow, manufacture, and sell dangerous drugs in Arkansas. The bill’s regulatory framework simply won’t protect kids from these drugs.
If H.B. 1722 passes, dangerous drugs made from cannabis will be fully legal for anyone over age 21 and available all over Arkansas.
S.B. 455 is a similar bill by Sen. Joshua Bryant (R — Rogers). It would legalize THC made from hemp if Act 629 is struck down. Under this bill, food, drinks, and similar products containing as much as 50mg of THC and other intoxicating cannabinoids could be sold in Arkansas.
And H.B. 1578 by Rep. Aaron Pilkington (R — Knoxville) would legalize drinks containing THC made from hemp in Arkansas.
In other states, non-alcoholic seltzer drinks with as much THC as recreational marijuana products have raised serious public health and safety concerns. H.B. 1578 would legalize these intoxicating, THC-infused drinks in Arkansas.
The Bottom Line
The marijuana industry did not get its way at the polls last year. Now powerful interests are working to legalize forms of recreational marijuana in Arkansas.
Lawmakers could take steps to restrict and prohibit drugs made from hemp just like other states are doing. These bills take Arkansas the wrong direction by legalizing drugs instead.
There is still time for Arkansans to ask their state representatives and state senators to oppose H.B. 1722, H.B. 1578, and S.B. 455 legalizing THC made from hemp.
Voters can leave messages for their state senators by calling 501-682-2902, and voters can leave messages for their state representatives by calling 501-682-6211.
Articles appearing on this website are written with the aid of Family Council’s researchers and writers.
