Is CBD (Cannabidiol, hemp-derived) Legal in Arkansas? (2026)

Instrument

Definitions (Consumable Hemp Products) - Consumption; Hemp; Intoxicating hemp product; Tetrahydrocannabinol; Total tetrahydrocannabinol

Source

https://www.dfa.arkansas.gov/wp-content/uploads/Hemp-Statutes-for-Website.pdf

Retrieved

2026-07-02

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As used in this subchapter:

(10) "Consumption" means any method of ingestion of or application to the body, including eating, drinking, inhaling, absorbing, or injecting, through which a product is metabolized or is otherwise subject to a biotransformative process when introduced into the human body;

(16) "Hemp" means the plant Cannabis sativa and any part of the plant, including the seeds of the plant, that contains a delta-9 tetrahydrocannabinol concentration of three-tenths of one percent (0.3%) or less on a dry-weight basis, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not;

(17)(A) "Intoxicating hemp product" means a finished product intended for human consumption that is derived from or contains hemp or hemp extract and contains a total tetrahydrocannabinol concentration that exceeds zero percent (0%) when tested in its finished form.

(B) "Intoxicating hemp product" may contain derivatives, extracts, cannabinoids, isomers, esters, ethers, acids, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation including without limitation:

(i) Delta-10 cis or trans tetrahydrocannabinol and its optical isomers;

(ii) Delta-9 cis or trans tetrahydrocannabinol and its optical isomers;

(iii) Delta-8 cis or trans tetrahydrocannabinol and its optical isomers;

(iv) Delta-7 cis or trans tetrahydrocannabinol and its optical isomers;

(v) Delta-6a, 10a cis or trans tetrahydrocannabinol and its optical isomers;

(vi) Exo-tetrahydrocannabinol;

(vii) Metabolites of tetrahydrocannabinol, including 11-hydroxy-tetrahydrocannabinol, 3-27 hydroxy-tetrahydrocannabinol, and 7-12 hydroxy-tetrahydrocannabinol;

(viii) Tetrahydrocannabinolic acid;

(ix) Hydrogenated forms of tetrahydrocannabinol, including hexahydrocannabinol, hexahydrocannabiphorol, and hexahydrocannabihexol;

(x) Synthetic forms of tetrahydrocannabinol, including dronabinol;

(xi) Ester forms of tetrahydrocannabinol, including delta-8 tetrahydrocannabinol, tetrahydrocannabinol-O-acetate, delta-9 tetrahydrocannabinol-O-acetate, delta-10 tetrahydrocannabinol-O-acetate, delta-6a,10a tetrahydrocannabinol-O-acetate and hexahydrocannabinol-O-6 acetate;

(xii) Ether forms of tetrahydrocannabinol and hexahydrocannabinol, including delta-9 tetrahydrocannabinol methyl ether and delta-8 tetrahydrocannabinol methyl ether;

(xiii) Tetrahydrocannabivarins, including delta-8 tetrahydrocannabivarin but excluding delta-9 tetrahydrocannabivarin;

(xiv) Analogues or tetrahydrocannabinols with an alkyl chain of four (4) or more carbon atoms, including tetrahydrocannabiphorols, tetrahydrocannabioctyls, tetrahydrocannabihexols,, or tetrahydrocannabutols;

(xv) Delta-8 isotetrahydrocannabinol, delta4(8)-isotetrahydrocannabinol, and isohexahydrocannabinol;

(xvi) Any combination of the compounds, including hexahydrocannabiphorol-o-ester and delta-8 tetrahydorcannabiphorol acetate, delta-9 tetrahydorcannabiphorol acetate; and

(xvii)(a) Any other cannabinoid classified as an intoxicant by rule of the Arkansas Tobacco Control Board.

(b) The Arkansas Tobacco Control Board shall notify the Department of Health when and if additional cannabinoids are classified as an intoxicant by the Arkansas Tobacco Control Board.

(C) "Intoxicating hemp product" does not include a consumable hemp product or medical marijuana regulated under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98;

(23) "Tetrahydrocannabinol" means a compound that is the natural, primary active cannabinoid substance or its equivalent contained in the plant of the genus Cannabis or in the resinous extracts of the plant, including derivatives or isomers derived from such cannabinoids;

(24) "Total tetrahydrocannabinol" means the total concentration of all tetrahydrocannabinols, including delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinol, delta-10 tetrahydrocannabinol, tetrahydrocannabinolic acid or its decarboxylated equivalent, and any other chemically similar compound, substance, derivative, or isomer of tetrahydrocannabinol, and any other cannabinoid identified by the Arkansas Tobacco Control Board; and

Instrument

Construction (Consumable Hemp Products)

Source

https://www.dfa.arkansas.gov/wp-content/uploads/Hemp-Statutes-for-Website.pdf

Retrieved

2026-07-02

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(a) A consumable hemp product shall not be delivered, sold, bought, or used in this state except in conformity with applicable laws and rules, including this subchapter and rules promulgated under this subchapter.

(b) A person shall not manufacture, process, distribute, or sell a consumable hemp product without being permitted by the Arkansas Tobacco Control Board.

(c) A product intended for human consumption or inhalation that is derived from hemp and contains tetrahydrocannabinol shall not be permitted or allowed under the laws of this state, other than consumable hemp products if otherwise legal under state law.

(d)(1) A consumable hemp product shall not be combined with or contain any of the following:

(A) Ethanol;

(B) Nicotine or tobacco;

(C) Intoxicating hemp product; or

(D) Any amount of tetrahydrocannabinol as to create a danger of misuse, overdose, accidental overconsumption, inaccurate dosage, or other risk to the public.

(2) A medical device, prescription drug, or drug otherwise approved by the United States Food and Drug Administration is not a consumable hemp product.

(e) The business of handling, receiving, possessing, storing, distributing, taking orders for, soliciting orders of, selling, offering for sale, and dealing in, through sale, barter, or exchange, consumable hemp products is declared to be a privilege under the laws of this state.

Instrument

Prohibitions (Consumable Hemp Products)

Source

https://www.dfa.arkansas.gov/wp-content/uploads/Hemp-Statutes-for-Website.pdf

Retrieved

2026-07-02

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(a) It shall be unlawful for any person to:

(1) Violate this subchapter or any rules promulgated under this subchapter;

(2) Manufacture, produce, or market any product derived from cannabis for sale within this state, except as authorized under this subchapter and the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98;

(3) Sell or distribute any product derived from cannabis within this state or to consumers of this state, except as authorized under this subchapter and the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98;

(4) Manufacture, distribute, sell, or market a consumable hemp product that is not reported to the Arkansas Tobacco Control Board as required by this subchapter;

(5) Manufacture, produce, market, or sell any intoxicating hemp product;

(6) Sell any consumable hemp product to a minor; or

(7) Market or promote a consumable hemp product or other hemp product:

(A) For an intoxicating effect;

(B) As containing tetrahydrocannabinol; or

(C) With unlawful drug or health claims.

(b) Any person that purposely, knowingly, or recklessly violates this subchapter relating to hemp production, manufacture, sale, distribution, marketing, or processing shall be guilty of a misdemeanor and, upon conviction of the violation, shall be fined in an amount not to exceed five thousand dollars ($5,000), or sentenced to imprisonment in the county jail for not more than one (1) year, or both.

(c) Notwithstanding subsection (b) of this section, any person that purposefully, recklessly, or knowingly manufactures, markets, or sells an intoxicating hemp product shall be guilty of a felony.

(d) Any violation of this subchapter is a deceptive and unconscionable trade practice under the Deceptive Trade Practices Act, Sec. 4-88-101 et seq., and all remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, Sec. 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this subchapter.

(e) The prosecuting attorney in the county where the alleged crime was committed shall also have full authority to enforce this subchapter.

(f) This subchapter does not prohibit the bringing of a civil action against a violator of this subchapter by an individual harmed by the violator's acts or omissions.

Instrument

Ark. Code 20-56-502(4), (6)(C)(ii), (17); 20-56-513 (Act 934 of 2025); Act 629 of 2023

Source

https://www.dfa.arkansas.gov/wp-content/uploads/Hemp-Statutes-for-Website.pdf

Retrieved

2026-10-07

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20-56-502(16) ["Hemp" means plant with] "a delta-9 tetrahydrocannabinol concentration of three-tenths of one percent (0.3%) or less." (4) [consumable hemp product examples include hemp floral material]. (6)(C)(ii) [A product] "primarily containing and marketed as cannabidiol" [may contain no more than] "one milligram (1 mg) of total tetrahydrocannabinol per container" [with a CBD:THC ratio] "greater than fifteen to one (15:1)". (17)(A) ["Intoxicating hemp product" means a finished hemp product for human consumption that] "contains a total tetrahydrocannabinol concentration that exceeds zero percent (0%)"; (17)(C) [It] "does not include a consumable hemp product or medical marijuana." 20-56-513(a) [A person shall not] (5) "Manufacture, produce, market, or sell any intoxicating hemp product"; (b) [misdemeanor, fine] "not to exceed five thousand dollars ($5,000)"; (c) [felony for intoxicating hemp products]. [Bracketed spans summarized from DFA statutes compilation.]

Instrument

Intoxicating hemp product definition (expressly naming hexahydrocannabinol) and Schedule VI capture

Source

https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT934.pdf

Retrieved

2026-07-19

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Sec. 20-56-502(4): 'Consumable hemp product' means a finished product that includes part of the hemp plant, including naturally derived cannabinoids, compounds, concentrates, extracts, isolates, or derivatives that is intended for human consumption and not marketed for intoxicating effect and is: (A) a cosmetic; (B) generally recognized as safe by the FDA; or (C) a product that has no more than one milligram (1 mg) of total tetrahydrocannabinol per container and minimum ratio of cannabidiol to tetrahydrocannabinol of greater than fifteen to one (15:1). Sec. 20-56-502(17)(A): 'Intoxicating hemp product' means a finished product intended for human consumption that is derived from or contains hemp or hemp extract and contains a total tetrahydrocannabinol concentration that exceeds zero percent (0%) when tested in its finished form. (B) 'Intoxicating hemp product' may contain derivatives, extracts, cannabinoids, isomers, esters, ethers, acids, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation including without limitation: (i) Delta-10 cis or trans tetrahydrocannabinol and its optical isomers; (ii) Delta-9 cis or trans tetrahydrocannabinol and its optical isomers; (iii) Delta-8 cis or trans tetrahydrocannabinol and its optical isomers; (iv) Delta-7 cis or trans tetrahydrocannabinol and its optical isomers; (v) Delta-6a, 10a cis or trans tetrahydrocannabinol and its optical isomers; (vi) Exo-tetrahydrocannabinol; (vii) Metabolites of tetrahydrocannabinol, including 11-hydroxy-tetrahydrocannabinol, 3-hydroxy-tetrahydrocannabinol, and 7-hydroxy-tetrahydrocannabinol; (viii) Tetrahydrocannabinolic acid; (ix) Hydrogenated forms of tetrahydrocannabinol, including hexahydrocannabinol, hexaydrocannabiphrol, and hexahydrocannabihexol; (x) Synthetic forms of tetrahydrocannabinol, including dronabinol; (xi) Ester forms of tetrahydrocannabinol, including delta-8 tetrahydrocannabinol-O-acetate, delta-9 tetrahydrocannabinol-O-acetate, delta-10 tetrahydrocannabinol-O-acetate, delta-6a,10a tetrahydrocannabinol-O-acetate and hexahydrocannabinol-O-acetate; (xii) Ether forms of tetrahydrocannabinol and hexahydrocannabinol including delta-9 tetrahydrocannabinol methyl ether and delta-8 tetrahydrocannabinol methyl ether; (xiii) Tetrahydrocannabivarins, including delta-8 tetrahydrocannabivarin but excluding delta-9 tetrahydrocannabivarin; (xiv) Analogues or tetrahydrocannabinols with an alkyl chain of four (4) or more carbon atoms, including tetrahydrocannabiphorols, tetrahydrocannabioctyls, tetrahydrocannabihexols, or tetrahydrocannabutols; (xv) Delta-8 isotetrahydrocannabinol, delta4(8)-isotetrahydrocannabinol and isohexahydrocannabinol; (xvi) Any combination of the compounds, including hexahydrocannabiphorol-o-ester and delta-8 tetrahydrocannabiphorol acetate, delta-9 tetrahydrocannabiphorol acetate; and (xvii)(a) Any other cannabinoid classified as an intoxicant by rule of the Arkansas Tobacco Control Board. (C) 'Intoxicating hemp product' does not include a consumable hemp product or medical marijuana regulated under the Arkansas Medical Marijuana Amendment of 2016. Sec. 20-56-503(c): A product intended for human consumption or inhalation that is derived from hemp and contains tetrahydrocannabinol shall not be permitted or allowed under the laws of this state, other than consumable hemp products if otherwise legal under state law. Sec. 5-64-215(a)(5)(k): substances in Schedule VI include an intoxicating hemp product as defined under Sec. 20-56-501 et seq.

Instrument

Schedule VI; intoxicating hemp product

Source

https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT934.pdf

Retrieved

2026-10-07

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Sec. 5-64-215(a)(2): Tetrahydrocannabinols, unless the tetrahydrocannabinol is: (A) Contained in hemp-derived cannabidiol; (B) Not more than the lesser of three-tenths of one percent (0.3%) of delta-9 tetrahydrocannabinol in the hemp-derived cannabidiol concentration of more than three tenths of one percent (0.3%) on a dry weight basis for hemp or as otherwise defined by 7 U.S.C. Sec. 1639o, as existing on January 1, 2025, as verified by a nationally accredited laboratory for quality, purity, and accuracy standards; and (C) Not approved by the United States Food and Drug Administration for marketing as a medication. Sec. 5-64-215(a)(5)(A)(i): substances in Schedule VI include a product derived from industrial hemp that was produced as a result of a synthetic chemical process that converted the industrial hemp or a substance contained in the industrial hemp into delta-8, delta-9, delta-6a,10a, or delta-10 tetrahydrocannabinol including their respective acetate esters and other intoxicating hemp products as defined in Sec. 20-56-501 et seq.; and (k) An intoxicating hemp product as defined under Sec. 20-56-501 et seq. Sec. 20-56-502(17)(A): 'Intoxicating hemp product' means a finished product intended for human consumption that is derived from or contains hemp or hemp extract and contains a total tetrahydrocannabinol concentration that exceeds zero percent (0%) when tested in its finished form. (C) 'Intoxicating hemp product' does not include a consumable hemp product or medical marijuana regulated under the Arkansas Medical Marijuana Amendment of 2016. Sec. 20-56-502(4): 'Consumable hemp product' means a finished product that includes part of the hemp plant, including naturally derived cannabinoids, compounds, concentrates, extracts, isolates, or derivatives that is intended for human consumption and not marketed for intoxicating effect and is: (A) a cosmetic; (B) generally recognized as safe by the FDA; or (C) a product that has no more than one milligram (1 mg) of total tetrahydrocannabinol per container and minimum ratio of cannabidiol to tetrahydrocannabinol of greater than fifteen to one (15:1). Sec. 20-56-503(c): A product intended for human consumption or inhalation that is derived from hemp and contains tetrahydrocannabinol shall not be permitted or allowed under the laws of this state, other than consumable hemp products if otherwise legal under state law. Sec. 5-64-101(16)(B)(vii) (marijuana exclusion): excludes 'Consumable hemp product as defined under Sec. 20-56-501 et seq.' from the definition of marijuana -- meaning everything else derived from hemp with detectable THC remains within the marijuana/Schedule VI framework.