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

House Committee Rejects Bad Bill Legalizing Drugs Made From Industrial Hemp

Marijuana, ,

On Wednesday the House Rules Committee rejected a bad bill that would legalize drugs made from industrial hemp in Arkansas.

In 2018 congress passed the federal Agriculture Improvement Act legalizing industrial hemp in America. “Industrial hemp” refers to varieties of the cannabis plant that are low in tetrahydrocannabinol — or THC — the main psychoactive substance in marijuana.

However, manufacturers have developed ways to extract and refine the THC in industrial hemp on a commercial scale — meaning they can produce a lot of THC to infuse into drinks, gummies, and other products made from industrial hemp.

In response, states have begun pushing back against THC products made from hemp.

Last year officials in Minnesota issued a public health warning about “high-dose hemp-derived products.”

Texas lawmakers reportedly filed legislation to ban THC statewide.

And last fall the California Department of Public Health published emergency rules prohibiting hemp products that “contain a detectable level of THC or other intoxicating cannabinoids.”

Arkansas has taken steps to restrict and prohibit these drugs as well. In 2023, state lawmakers 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 restricting hemp products if the ban were blocked in court. The law has been tied up in federal court, but we expect a decision in the case soon.

H.B. 1722 by Rep. Jeremiah Moore (R — Clarendon) would effectively repeal Act 629 of 2023 and legalize hemp-derived products containing THC in Arkansas — including THC vapes and other THC products made from industrial hemp. The bill was presented at the House Rules Committee meeting on Wednesday. After lengthy testimony and discussion, H.B. 1722 failed to pass.

The marijuana industry did not get its way with the ballot initiative process last year. Now powerful interests want to legalize a form of recreational marijuana at the Arkansas Legislature.

H.B. 1722 would give wealthy companies a way to manufacture and sell THC and other dangerous drugs made from hemp. The bill’s regulatory framework simply won’t protect kids from being exposed to these drugs.

Policymakers could take steps to restrict drugs in Arkansas. H.B. 1722 takes Arkansas the wrong direction by legalizing these drugs instead. Fortunately, the House Rules Committee understood that and rejected this deeply flawed measure.

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

READ MORE