Is Delta-8 Legal in Arkansas? What the Law Says in 2026

Quick answer: No. Delta-8 is illegal in Arkansas. Act 629 of 2023 added delta-8, delta-10 and any THC made by chemically converting hemp to Schedule VI of the state controlled-substances list; a federal injunction blocked it from Sept. 2023 until the Eighth Circuit reversed on June 24, 2025, and enforcement resumed that summer. Act 934 of 2025 (certified by the Attorney General on April 22, 2026) now bans all ‘intoxicating hemp products’ with detectable THC and creates a 21+ permit system, run by Arkansas Tobacco Control, only for non-intoxicating consumable hemp products (≤1 mg total THC per container at >15:1 CBD:THC).

Status: Banned · Last reviewed September 18, 2026 by Alex Hale, editor · Part of our delta-8 laws by state guide.

Federal law is changing too. Public Law 119-37 (signed November 12, 2025) rewrites the federal definition of hemp. Cannabinoids that are synthesized or converted outside the plant — which is how most delta-8 is made — lose federal hemp status on November 12, 2026, and from December 11, 2026 any hemp product with more than 0.4 mg of total THC per container is no longer federally “hemp”. That applies in every state, whatever state law says. Read our federal explainer and the status of every state.

Delta-8 in Arkansas at a glance

RuleWhat Arkansas law says
StatusBanned
Minimum age21 for the only lawful category (non-intoxicating ‘consumable hemp products’); sale to a minor is unlawful (§ 20-56-511). Delta-8 products cannot be sold to anyone at any age.
THC limits‘Intoxicating hemp product’ = any hemp-derived product with total THC (delta-8, delta-9, delta-10, THCA-converted, synthetic forms) above 0% in finished form — banned. A lawful ‘consumable hemp product’ may contain no more than 1 mg total THC per container with a CBD:THC ratio greater than 15:1 (§ 20-56-502).
Licensing to sellManufacturers, wholesalers and retailers of consumable hemp products must hold an Arkansas Tobacco Control permit ($5,000/yr per the act; background checks); products must be certified onto the ATC Consumable Hemp Product Directory or face seizure.
Product restrictionsAll delta-8 gummies, vapes, drinks and flower are prohibited. Self-service displays, vending machines and internet-only sales of consumable hemp products are barred; no marketing to children. Medical marijuana under Amendment 98 and industrial hemp for fiber/grain are unaffected.
Labeling and testingConsumable hemp products require independent lab testing (cannabinoid profile, solvents, pesticides, microbials, heavy metals) and directory listing; intoxicating products cannot be made compliant by labeling.
Where it can be soldDelta-8: nowhere. Non-intoxicating consumable hemp: ATC-permitted retailers only. THC products for patients: licensed medical marijuana dispensaries only.

What the law says

These are the statutes, rules, opinions and decisions that determine whether delta-8 is legal in Arkansas. Where an official copy exists online we link to it; the full list of everything we consulted is in the Sources section below.

  • Ark. Code Ann. § 5-64-215(a)(5) (Schedule VI: delta-8, delta-10 and hemp-derived THC produced by synthetic conversion), as amended by Act 629 of 2023 (SB 358) — Uniform Controlled Substances Act – Schedule VI (official text)
  • Act 934 of 2025 (SB 533), codified at Ark. Code Ann. §§ 20-56-501 to -516 (Consumable Hemp Products) and amending §§ 2-15-503, 5-64-101, 5-64-215, 26-57-247 — Consumable hemp products regulation / intoxicating hemp ban (official text)
  • Ark. Code Ann. § 5-64-419(b)(5) (possession of Schedule VI penalties) — Possession penalties (official text)
  • Bio Gen, LLC v. Sanders, No. 23-3237 (8th Cir. June 24, 2025) (vacating preliminary injunction against Act 629) — Controlling court decision (official text)
  • Attorney General certification of Act 934 of 2025 (Apr. 22, 2026) — AG certification triggering Act 934 (official text)
  • Ark. Code Ann. § 20-56-501 et seq. compiled by Arkansas Tobacco Control (DFA) — Agency statute compilation (official text)

How we got here: timeline

  • March 2023 — AG Tim Griffin issues consumer alert on ‘delta’ THC products.
  • April 2023 — Act 629 of 2023 (SB 358, Sen. Tyler Dees) enacted, scheduling delta-8/delta-10 and synthetically converted hemp THC as Schedule VI; effective Aug. 1, 2023.
  • September 7, 2023 — U.S. District Judge Billy Roy Wilson (E.D. Ark.) preliminarily enjoins Act 629 in Bio Gen v. Sanders as likely preempted by the 2018 Farm Bill and unconstitutionally vague.
  • April 21, 2025 — Gov. Sanders signs SB 533 as Act 934 of 2025, creating the Tobacco Control permit regime for non-intoxicating consumable hemp and banning intoxicating hemp products; key sections contingent on final judgment in the Act 629 litigation.
  • June 24, 2025 — Eighth Circuit vacates the injunction: Act 629’s ‘continuous transportation’ savings clause avoids express preemption, the Farm Bill lets states regulate hemp more stringently, and the terms are not vague.
  • July 2025 — Enforcement of Act 629 begins; within three months DFA agents make 2,800+ compliance visits and seize 6,000+ hemp THC products.
  • December 1, 2025 — Act 934 deadline for manufacturers to certify products onto the ATC Consumable Hemp Product Directory.
  • March 31, 2026 — District court dismisses the remaining Bio Gen challenge on the state’s motion for judgment on the pleadings, ending the three-year case.
  • April 22, 2026 — AG Griffin certifies final judgment, triggering Act 934’s expanded ban and regulatory provisions.

Penalties

Delta-8 and other hemp-derived THC isomers are Schedule VI controlled substances. Possession of less than 4 oz is a Class A misdemeanor (up to 1 year, $2,500) under Ark. Code § 5-64-419(b)(5); 4 oz–10 lbs a Class D felony; 10–25 lbs Class C; 25–100 lbs Class B; 100–500 lbs Class A felony. Delivery/possession with intent to deliver Schedule VI is prosecuted under § 5-64-436. Under Act 934, manufacturing, distributing or selling an intoxicating hemp product is a felony (§ 20-56-513); selling consumable hemp without an ATC permit is a Class A misdemeanor (§ 20-56-512); selling consumable hemp to a person under 21 is unlawful (§ 20-56-511, $100 per violation for retail employees); unlisted products are contraband subject to seizure with $500 civil penalties per product.

What is pending in 2026

No pending litigation: Bio Gen v. Sanders ended with dismissal (Mar. 2026) and AG certification (Apr. 22, 2026). Arkansas Tobacco Control is implementing permits and the product directory under Act 934; watch for ATC rules. Arkansas already exceeds the federal Dec. 11, 2026 standard, so no conforming legislation is needed. The Legislature next meets in regular session in January 2027.

Frequently asked questions

Can I buy delta-8 at a gas station in Arkansas?

No. Delta-8 has been a Schedule VI controlled substance since enforcement resumed in summer 2025, and Act 934 (certified April 22, 2026) bans every hemp product with detectable THC. Stores caught selling it face felony charges and seizure.

Is it a crime just to possess delta-8 gummies in Arkansas?

Yes. Possession of a Schedule VI substance under 4 ounces is a Class A misdemeanor (up to a year in jail and $2,500), and larger amounts are felonies (Ark. Code § 5-64-419).

Is THCA flower legal in Arkansas?

No. Arkansas measures total THC, counts THCA, and treats any intoxicating hemp product as banned; only licensed medical marijuana dispensaries may sell cannabis flower to cardholders.

Can I order delta-8 online and have it shipped to Arkansas?

No. Shipping it into the state is delivery of a controlled substance; the only exception is federally compliant hemp passing through Arkansas in continuous interstate transit. Even lawful low-THC consumable hemp cannot be sold internet-only under Act 934.

Sources

All sources were accessed on September 18, 2026. Status labels are explained on our How we research page.

Related state guides

This guide explains the law; it is not legal advice. Our editor is not a lawyer, enforcement can vary by county, and laws change. For a decision that matters to you, consult a licensed attorney in your state. Found an error or a newer ruling? Email alex@legalbystate.com and we will fix it and note the change.