Arkansas A.G. Makes it Clear: If You’re Selling Drugs Made From Hemp, You’re Breaking the Law
Last week Arkansas’ Deputy Attorney General Alexandra Benton testified before the House Rules Committee about a federal court ruling that effectively lets the state enforce its laws against dangerous 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. By doing this on a commercial scale, 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 passed it. Unfortunately, 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.
During her committee testimony last week, Deputy Attorney General Benton highlighted important facts the federal court found regarding Act 629:
- Act 629 prohibiting drugs made from hemp does not violate the federal Farm Bill.
- Act 629 is written very clearly. The law is not vague.
- Just because states may legalize hemp does not mean that states are required to legalize it.
Deputy Attorney General Benton told lawmakers, “We have — and continue to be — on solid ground on this issue.” She noted that since 2023, the A.G.’s office has been vocal about the dangers posed by drugs made from hemp.
She also said point-blank that anyone selling drugs made from hemp is violating state law.
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, and authorities said the vast majority of hemp products were sold without proper age verification. Some were even tainted with dangerous pesticides.
Public health data across America has shown drugs like the ones made from hemp have sent kids to the emergency room and prompted parents to call poison control centers.
We appreciate Arkansas’ lawmakers and Attorney General’s office working tirelessly to protect Arkansans from these dangerous drugs. The drugs may be many things, but “harmless” simply is not one of them.
You can watch the Deputy Attorney General’s entire testimony here.
Articles appearing on this website are written with the aid of Family Council’s researchers and writers.