Arkansas recently enacted Act 629 (HB 533), significantly restricting hemp-derived THC products. This new legislation caps THC at 1 mg per container, transfers oversight to the Tobacco Control Board, and bans intoxicating hemp derivatives like Delta‑8, Delta‑9, Delta‑10, and THCA. A federal appeals court upheld the law, paving the way for enforcement as early as July 1, 2025.
What Is Act 629 and HB 533?
Limits on THC Content
Arkansas’s HB 533 sets a strict 1 mg THC per container limit—effectively banning most psychoactive or intoxicating hemp products previously available in stores, including gummies, vapes, tinctures, and powders relying on Delta‑8 or other cannabinoids.
Regulatory Power Shift
Previously managed under general hemp regulations, enforcement authority now resides with the Tobacco Control Board. This aligns hemp oversight with tobacco product frameworks, prioritizing public health and consumer safety.
Legal Validation
In late June 2025, the Eighth Circuit Court of Appeals upheld Arkansas’s law, reversing a lower court’s injunction. The court affirmed Arkansas’s authority to regulate intoxicating hemp derivatives despite federal hemp legalization under the 2018 Farm Bill.
Why This Matters: Safety & Youth Protection
Rising Medical Concerns
The popularity of Delta‑8 and similar products has increased health incidents, especially among minors, due to unregulated potency and appealing packaging. Arkansas authorities cited hospitalizations and seizures as justification for the ban.
Patchwork of State Responses
Arkansas joins states like Virginia, California, and Wyoming, signaling a nationwide crackdown on intoxicating hemp products.
Impact on Arkansas’s Medical Marijuana Program
Distinguishing Hemp vs. Medical Cannabis
While Act 629 affects hemp products, Arkansas’s regulated medical marijuana system remains unaffected, though patients previously using hemp-derived products as lower-cost alternatives may face increased costs or resort to illicit sources.
Broader Regulatory & Legal Context
States Secure Authority
Following the Arkansas ruling, other states may impose their own restrictions despite federal legalization, with several attorneys general calling for federal clarity on intoxicating hemp products.
Potential for Federal Clarity
The 2025 Farm Bill may address these gaps, potentially defining acceptable THC thresholds and regulating synthetic cannabinoid conversions.
Effects on Hemp Farmers & Businesses
Loss of Revenue Streams
Arkansas hemp growers and businesses face dramatically reduced opportunities for products previously reliant on intoxicating THC derivatives.
Legal and Compliance Costs
Businesses must adapt manufacturing, labeling, and formulations to comply with the new THC limit, incurring significant costs.
Risk of Litigation
Despite appeals court approval, further legal challenges are anticipated, contesting regulatory overreach and constitutional questions.
What Comes Next?
Federal Farm Bill Developments
The upcoming Farm Bill will likely address intoxicating hemp product definitions, impacting national policy.
State Legislation Trends
Arkansas’s move may inspire similar legislation in other states, leading to a push for clearer regulations from industry coalitions.
Industry Adaptation Strategies
Businesses may shift towards low-dose CBD products, THC-free alternatives, or regulated medical cannabis channels to remain viable.
Conclusion
Arkansas’s Act 629 marks a significant shift in hemp policy, potentially influencing nationwide trends. Stakeholders must navigate regulatory, compliance, and legal challenges to adapt effectively.
