No, Delta-8 THC remains illegal in Arkansas under the state’s controlled substances act, which classifies all tetrahydrocannabinol isomers—including Delta-8—as Schedule IV controlled substances. The Arkansas Department of Agriculture’s Hemp Program explicitly prohibits the sale or possession of Delta-8 THC products, aligning with the 2023 legislative clarification that treats all synthetically derived THC as controlled substances regardless of source. Local law enforcement and the Arkansas State Police have actively enforced these restrictions, with pending prosecutions in 2024 targeting unlicensed Delta-8 distributors.
Key Regulations for Delta 8 THC in Arkansas
- Schedule IV Classification: Delta-8 THC is treated as a Schedule IV controlled substance under Arkansas Code § 5-64-218, mirroring federal scheduling for THC isomers.
- Hemp Program Restrictions: The Arkansas Department of Agriculture’s Industrial Hemp Program permits only hemp-derived CBD with <0.3% Delta-9 THC; Delta-8 is excluded from licensed production or sale.
- 2026 Compliance Deadline: Retailers must cease Delta-8 sales by January 1, 2026, per Act 629 of 2023, which mandates the removal of all non-compliant THC isomers from shelves.