Key Takeaways From 8th Circuit Decision Letting Arkansas Prohibit Hemp

Marijuana, , ,

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.

READ MORE

Delta-8 in the Dock: Arkansas’ Battle Against Hemp Drugs Gets a New Judge

Marijuana, , ,

The lawsuit over Arkansas’ 2023 ban on Delta-8 THC and other drugs made from hemp has been reassigned to U.S. District Judge Kristine Baker, according to court documents issued last month.

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

In 2018, Congress passed the federal Agriculture Improvement Act legalizing industrial hemp — or cannabis — that is low in THC. The goal was to let farmers grow cannabis plants for use in textiles like rope or cloth, but manufacturers have found ways to extract and refine the little bit of THC in industrial hemp. 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 ever since.

A court order issued on April 9 shows the case was randomly reassigned to U.S. District Judge Kristine Baker after Judge Billy Roy Wilson recused himself from the case due to his senior status. Judge Wilson has served on the federal court since 1993. Senior status is a form of judicial semi-retirement that reduces judges’ caseloads.

This year Sen. Dees and Rep. Gazaway filed S.B. 533 to address the issues raised in the lawsuit over Act 629.

S.B. 533 is a good law that will help prohibit intoxicating hemp products that contain THC and other drugs in Arkansas if Act 629 is ruled unconstitutional.

The law effectively stops THC and other drugs made from hemp from being put into food or drinks sold in the state.

It also ensures other hemp products — like CBD oil or cosmetics — do not contain dangerous drugs or other contaminants.

More and more, there is evidence that drugs made from hemp are harmful and need to be prohibited.

In Oregon — where marijuana is legal — the state’s Liquor and Cannabis Commission recently tested 51 samples of industrial hemp flowers as part of its “Operation Clean Leaf” initiative. All 51 hemp 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. That’s part of the reason even liberal states like Oregon are taking steps to address these products.

Laws like Act 629 of 2023 and S.B. 533 are good measures that protect Arkansans from dangerous drugs. We believe courts will ultimately recognize that and let the state prohibit these drugs made from hemp.

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

READ MORE

Cutting Through the Hemp Haze: Arkansas Lawmakers File Multiple Bills Legalizing THC

Marijuana, , , ,

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.

READ MORE