Is Delta-10 THC Legal in Arkansas? (2026)

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 controlled substances (tetrahydrocannabinols) and Consumable Hemp Products subchapter

Source

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

Retrieved

2026-07-18

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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.

Instrument

Controlling provision (official text)

Source

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

Retrieved

2026-11-01

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(C) A product that has no more than one milligram (1 mg) of total tetrahydrocannabinol per
container and a minimum ratio of cannabidiol to tetrahydrocannabinol of greater than fifteen to
one (15:1) and is:

Instrument

Controlling provision (official text)

Source

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

Retrieved

2026-11-01

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(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.

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

(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.

Instrument

Controlling provision (official text)

Source

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

Retrieved

2026-11-01

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(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;