Alabama Judge Lets State Restrict Smokable Hemp

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An Alabama judge declined to block a new state law prohibiting smokable drugs made from hemp.

In 2018, Congress passed the federal Farm Bill legalizing cannabis plants low in THC for use in textiles like hemp rope or cloth. THC is the main psychoactive substance in marijuana, and health experts warn the drug poses serious risks.

Instead of using hemp for textiles, manufacturers have found ways to extract and refine the small amount of THC in the plants. Doing this on a commercial scale means they can produce a lot of THC to infuse into drinks, candies, e-cigarettes, and other products.

As a result, state and federal policymakers have pushed back against these dangerous drugs.

The U.S. Food and Drug Administration has said that federal law prohibits hemp-derived THC in food products, and states like Massachusetts, South Dakota, and California have prohibited THC made from hemp.

In 2023, Arkansas passed Act 629 by Sen. Tyler Dees (R – Siloam Springs) and Rep. Jimmy Gazaway (R – Paragould) to prohibit THC made from industrial hemp. Family Council supported that good law, and the legislature voted to pass it. Act 629 spent nearly two years tied up in court, but in June the Eighth Circuit issued a decision letting the state enforce this good law.

Earlier this year lawmakers in Alabama passed a similar measure — House Bill 445 prohibiting “smokable hemp products” in the state. Companies that profit from hemp sued to block the law, but on Monday the judge presiding over the case declined to block the law. The decision tracks with other court rulings that affirm states can restrict or prohibit drugs made from hemp.

We have written for years how THC has been linked to everything from heart disease and cancer to stroke, mental illness, and birth defects.

The Oregon Liquor and Cannabis Commission recently tested 51 samples of industrial hemp flowers as part of the commission’s “Operation Clean Leaf” initiative. All 51 samples contained more THC than federal law allows. Authorities also said the vast majority of hemp products were sold without proper age verification, and that some were tainted with pesticides.

And public health data across America has shown drugs like the ones made from hemp routinely send kids to the emergency room and prompt parents to call poison control centers.

These drugs may be many things, but “harmless” simply is not one of them.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

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Key Takeaways From 8th Circuit Decision Letting Arkansas Prohibit Hemp

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Last week a three-judge panel from the Eighth Circuit Court of Appeals issued a decision effectively letting Arkansas restrict dangerous drugs made from industrial hemp.

In 2018, Congress passed the federal Farm Bill to let farmers grow cannabis plants low in THC for use in textiles like hemp rope or cloth.

THC is the main psychoactive substance in marijuana, and health experts warn the drug poses serious risks.

Instead of growing hemp for textiles, manufacturers have found ways to extract and refine the little bit of THC in the plants. Doing this on a commercial scale means they can produce a lot of THC to infuse into drinks, candies, e-cigarettes, and other products.

In response, many state and federal policymakers have pushed back against these dangerous drugs.

For example, the U.S. Food and Drug Administration has said that federal law prohibits hemp-derived THC in food products.

Massachusetts, South Dakota, California, and many other states have successfully prohibited food, drinks, and other products that contain THC made from hemp.

In 2023, Arkansas passed Act 629 by Sen. Tyler Dees (R – Siloam Springs) and Rep. Jimmy Gazaway (R – Paragould) to prohibit THC made from industrial hemp. Family Council supported that good law, and the legislature voted to pass it.

However, members of the hemp industry filed a lawsuit against Act 629, and the law has been tied up in federal court — that is, until last week.

The court ruled that the federal Farm Bill does not force Arkansas to legalize drugs made from hemp, noting:

The text of the 2018 Farm Bill shows only that Congress wanted to facilitate state legalization of hemp, if a state wants to. Congress allows states to legalize hemp by removing the biggest hurdle—federal criminalization. . . . Instead, just because states may legalize hemp under the 2018 Farm Bill does not mean they must.

The ruling overturned a lower court decision that blocked Act 629 — which means Arkansas will be able to enforce this good law.

In a statement, Arkansas Attorney General Tim Griffin called the decision “a win for common sense and the rule of law.” We could not agree more.

Family Council fully supported Act 629 in 2023. For the past two years, we have said that Act 629 is a good law and that our federal courts ultimately would let the state enforce it. Last week’s victory at the Eighth Circuit was exactly the decision we have expected.

We appreciate Arkansas’s lawmakers passing Act 629, and we appreciate Attorney General Tim Griffin’s commitment to defending this good law in court.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

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Atheist Groups Continue Legal Battle Against Arkansas’ Ten Commandments Monument

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Above: Former Sen. Jason Rapert and then-Rep. Kim Hammer unveil Arkansas’ monument commemorating the Ten Commandments in this file photo from 2018. Atheist organizations filed a lawsuit to have the monument removed, but the case has remained in limbo for seven years.

Opponents of Arkansas’ Ten Commandments monument continue to request summary judgment to have it removed from the capitol grounds.

In 2015, the Arkansas Legislature passed Act 1231 authorizing a privately funded monument of the Ten Commandments on the Arkansas Capitol Building grounds. Forty state legislators co-sponsored Act 1231. It received strong, bipartisan support, and former Arkansas Governor Asa Hutchinson signed Act 1231 into law.

Arkansas’ monument of the Ten Commandments — which is identical to one the U.S. Supreme Court ruled constitutional at the capitol building in Texas — was unveiled in 2018. But it did not take long for atheist groups like the Freedom From Religion Foundation and the Satanic Temple to file a federal lawsuit to have it removed.

The case began May 23, 2018, and it originally was set to go to trial in July of 2020. But U.S. District Judge Kristine Baker postponed the trial due to the COVID-19 pandemic. Since then, both sides in the lawsuit have asked Judge Baker to resolve the case, but the case remains in legal limbo.

Last week, plaintiffs in the case filed a notice arguing that federal court rulings over Ten Commandments displays in Louisiana support their request for summary judgment against Arkansas’ monument.

As we have said many times, there shouldn’t be anything controversial about a monument honoring the significance of the Ten Commandments.

Historians have long recognized the Ten Commandments as one of the earliest examples of the rule of law in human history, and they have helped shape philosophy and laws in countries around the world.

That’s why the Ten Commandments traditionally have appeared in artwork at courthouses and similar locations.

Arkansas’ Ten Commandments monument commemorates their cultural and historical legacy. With that in mind, we believe our federal courts eventually will resolve this lawsuit and uphold Arkansas’ Ten Commandments monument as constitutional.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

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