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.

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Gov. Sanders Signs Measure to Protect Arkansans from Dangerous Drugs

Marijuana, ,

Last week, Gov. Sanders signed a good law to protect Arkansans from dangerous drugs like THC made from industrial hemp.

THC is the main psychoactive drug in marijuana.

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.

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 bill that will help prohibit intoxicating hemp products that contain THC and other drugs in Arkansas if Act 629 is ruled unconstitutional.

The bill 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.

On Monday Governor Sanders signed S.B. 533 into law — making it Act 934 of 2025.

We deeply appreciate Sen. Dees, Rep. Gazaway, the Arkansas Legislature, and the governor for taking this issue seriously, and for passing a good law to help protect Arkansans from dangerous drugs.

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

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Governor Vetoes Bad Bill Legalizing Marijuana Deliveries

Marijuana,

On Wednesday, Gov. Sanders vetoed a bad bill that would legalize “medical” marijuana deliveries in Arkansas.

In 2016, Arkansas enacted an amendment permitting “medical” marijuana in the state. At the time, we warned that people would use marijuana recreationally under the amendment — and there is evidence showing that is happening.

H.B. 1889 by Rep. Aaron Pilkington (R — Knoxville) and Sen. Joshua Bryant (R — Rogers) would let marijuana dispensaries in Arkansas deliver marijuana directly to patients and caregivers.

Under current law, marijuana is processed and delivered to dispensaries that are authorized to sell marijuana.

H.B. 1889 would let dispensaries use delivery vehicles to deliver marijuana to people rather than requiring people to come to the dispensary.

Letting marijuana dispensaries deliver marijuana to people serves no legitimate purpose, and it undermines regulations on “medical” marijuana.

The Arkansas Constitution already lets “designated caregivers” deliver marijuana to patients who are authorized to use it. That provision was written into the medical marijuana amendment to assist patients who can’t go to the dispensary.

Since designated caregivers are already able to deliver “medical” marijuana to patients, the deliveries legalized under H.B. 1889 are unnecessary.

Unfortunately, H.B. 1889 narrowly passed the Arkansas House and Senate, and it was sent to Gov. Sanders to be signed into law. However, the governor vetoed this bad bill on Wednesday.

In a letter to lawmakers, Gov. Sanders wrote,

To President Pro Tempore Hester and Speaker Evans:

Pursuant to my authority under Ark. Const. Art. 6, § 15, I am returning without my approval House Bill 1889, entitled “An Act to Amend the Limitations on Access to a Dispensary or Cultivation Facility; To Authorize a Dispensary to Deliver Orders via a Delivery Vehicle or via a Drive-Through Window.”

This legislation would expand access to usable marijuana, therefore I am vetoing this legislation.

Sincerely,
Sarah Huckabee Sanders
Governor of Arkansas

Marijuana deliveries like the ones allowed under H.B. 1889 make it easier for “medical” marijuana to be moved to the black market or fall into the hands of people who are not authorized to use “medical” marijuana — including children.

States around the country have continued to encounter serious problems with marijuana trafficked illegally on the black market. Despite some provisions in H.B. 1889, the bill simply does not provide the kind of oversight necessary to keep that from happening in Arkansas.

We appreciate Gov. Sanders vetoing this bad bill. Lawmakers will reconvene on May 5, when they can decide whether to sustain or override the governor’s veto on H.B. 1889. Family Council will be there as well.

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

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