Is Delta-9 THC (hemp-derived) Legal in Arkansas? (2026)

Vape / inhalable

Illegal

As of October 7, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Arkansas as vape / inhalable. Hemp Delta-9 vape - illegal. Controlling source: Act 934 of 2025 (SB533), amending Ark. Code Sec. 5-64-215, 5-64-101, 2-15-503, and adding Subchapter 5 (Sec. 20-56-501 et seq.) to Title 20, Chapter 56.

Verified October 7, 2026 (manual) · confidence: confirmed
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
Ark. Code Sec. 20-56-503(c) expressly bars any 'product intended for human consumption or inhalation that is derived from hemp and contains tetrahydrocannabinol' other than the narrow consumable hemp product safe harbor; delta-8/9/10 THC scheduled as Schedule VI controlled substances, Sec. 5-64-215(a)(5).

What the record says

Ark. Code Sec. 20-56-503(c) expressly bars any 'product intended for human consumption or inhalation that is derived from hemp and contains tetrahydrocannabinol' other than the narrow consumable hemp product safe harbor; delta-8/9/10 THC scheduled as Schedule VI controlled substances, Sec. 5-64-215(a)(5). Arkansas is one of the most restrictive states for hemp-derived delta-9 THC: any finished, human-consumable or inhalable hemp product with a total THC concentration above 0% is an 'intoxicating hemp product' and a Schedule VI controlled substance, full stop, regardless of delivery form. The only lawful hemp-derived cannabinoid products are cosmetics, FDA-GRAS items, or products capped at 1 mg total THC per container with a CBD:THC ratio above 15:1 -- a threshold so low it effectively excludes any product marketed for delta-9 THC effect. Enforcement has been active since the 2025 8th Circuit ruling and 2025/2026 Act 934 certification.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Act 934 of 2025 (SB533), amending Ark. Code Sec. 5-64-215, 5-64-101, 2-15-503, and adding Subchapter 5 (Sec. 20-56-501 et seq.) to Title 20, Chapter 56 (Arkansas General Assembly, 2026-07-18) PRIMARYOFFICIAL
  2. Bio Gen LLC v. Sanders, No. 24-1949 (8th Cir. June 24, 2025), reversing preliminary injunction against Act 629 of 2023 (U.S. Court of Appeals for the Eighth Circuit, 2026-07-18) PRIMARYOFFICIAL
  3. Ark. Code Sec. 5-64-215(a)(2),(5),(d); Sec. 5-64-101(16)(B); Sec. 20-56-501 through 20-56-503 (Act 934 of 2025) PRIMARYOFFICIAL

Capsule / tablet

Illegal

As of October 7, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Arkansas as capsule / tablet. Hemp Delta-9 capsule - illegal. Controlling source: Act 934 of 2025 (SB533), amending Ark. Code Sec. 5-64-215, 5-64-101, 2-15-503, and adding Subchapter 5 (Sec. 20-56-501 et seq.) to Title 20, Chapter 56.

Verified October 7, 2026 (manual) · confidence: confirmed
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
Same 'intoxicating hemp product' capture applies.

What the record says

Same 'intoxicating hemp product' capture applies. Arkansas is one of the most restrictive states for hemp-derived delta-9 THC: any finished, human-consumable or inhalable hemp product with a total THC concentration above 0% is an 'intoxicating hemp product' and a Schedule VI controlled substance, full stop, regardless of delivery form. The only lawful hemp-derived cannabinoid products are cosmetics, FDA-GRAS items, or products capped at 1 mg total THC per container with a CBD:THC ratio above 15:1 -- a threshold so low it effectively excludes any product marketed for delta-9 THC effect. Enforcement has been active since the 2025 8th Circuit ruling and 2025/2026 Act 934 certification.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Act 934 of 2025 (SB533), amending Ark. Code Sec. 5-64-215, 5-64-101, 2-15-503, and adding Subchapter 5 (Sec. 20-56-501 et seq.) to Title 20, Chapter 56 (Arkansas General Assembly, 2026-07-18) PRIMARYOFFICIAL
  2. Bio Gen LLC v. Sanders, No. 24-1949 (8th Cir. June 24, 2025), reversing preliminary injunction against Act 629 of 2023 (U.S. Court of Appeals for the Eighth Circuit, 2026-07-18) PRIMARYOFFICIAL
  3. Ark. Code Sec. 5-64-215(a)(2),(5),(d); Sec. 5-64-101(16)(B); Sec. 20-56-501 through 20-56-503 (Act 934 of 2025) PRIMARYOFFICIAL

Beverage

Illegal

As of October 7, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Arkansas as beverage. Hemp Delta-9 drink - illegal. Controlling source: Act 934 of 2025 (SB533), amending Ark. Code Sec. 5-64-215, 5-64-101, 2-15-503, and adding Subchapter 5 (Sec. 20-56-501 et seq.) to Title 20, Chapter 56.

Verified October 7, 2026 (manual) · confidence: confirmed
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
Same 'intoxicating hemp product' capture applies to beverages.

What the record says

Same 'intoxicating hemp product' capture applies to beverages. Arkansas is one of the most restrictive states for hemp-derived delta-9 THC: any finished, human-consumable or inhalable hemp product with a total THC concentration above 0% is an 'intoxicating hemp product' and a Schedule VI controlled substance, full stop, regardless of delivery form. The only lawful hemp-derived cannabinoid products are cosmetics, FDA-GRAS items, or products capped at 1 mg total THC per container with a CBD:THC ratio above 15:1 -- a threshold so low it effectively excludes any product marketed for delta-9 THC effect. Enforcement has been active since the 2025 8th Circuit ruling and 2025/2026 Act 934 certification.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Act 934 of 2025 (SB533), amending Ark. Code Sec. 5-64-215, 5-64-101, 2-15-503, and adding Subchapter 5 (Sec. 20-56-501 et seq.) to Title 20, Chapter 56 (Arkansas General Assembly, 2026-07-18) PRIMARYOFFICIAL
  2. Bio Gen LLC v. Sanders, No. 24-1949 (8th Cir. June 24, 2025), reversing preliminary injunction against Act 629 of 2023 (U.S. Court of Appeals for the Eighth Circuit, 2026-07-18) PRIMARYOFFICIAL
  3. Ark. Code Sec. 5-64-215(a)(2),(5),(d); Sec. 5-64-101(16)(B); Sec. 20-56-501 through 20-56-503 (Act 934 of 2025) PRIMARYOFFICIAL

Edible / ingestible

Illegal

As of October 7, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Arkansas as edible / ingestible. Hemp Delta-9 edible - illegal. Controlling source: Act 934 of 2025 (SB533), amending Ark. Code Sec. 5-64-215, 5-64-101, 2-15-503, and adding Subchapter 5 (Sec. 20-56-501 et seq.) to Title 20, Chapter 56.

Verified October 7, 2026 (manual) · confidence: confirmed
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
'Intoxicating hemp product' is defined as any finished product intended for human consumption derived from hemp with total THC concentration exceeding 0% (Sec. 20-56-502(17)); a delta-9 edible above the 1mg/container, 15:1-ratio safe harbor is a Schedule VI substance.

What the record says

'Intoxicating hemp product' is defined as any finished product intended for human consumption derived from hemp with total THC concentration exceeding 0% (Sec. 20-56-502(17)); a delta-9 edible above the 1mg/container, 15:1-ratio safe harbor is a Schedule VI substance. Arkansas is one of the most restrictive states for hemp-derived delta-9 THC: any finished, human-consumable or inhalable hemp product with a total THC concentration above 0% is an 'intoxicating hemp product' and a Schedule VI controlled substance, full stop, regardless of delivery form. The only lawful hemp-derived cannabinoid products are cosmetics, FDA-GRAS items, or products capped at 1 mg total THC per container with a CBD:THC ratio above 15:1 -- a threshold so low it effectively excludes any product marketed for delta-9 THC effect. Enforcement has been active since the 2025 8th Circuit ruling and 2025/2026 Act 934 certification.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Act 934 of 2025 (SB533), amending Ark. Code Sec. 5-64-215, 5-64-101, 2-15-503, and adding Subchapter 5 (Sec. 20-56-501 et seq.) to Title 20, Chapter 56 (Arkansas General Assembly, 2026-07-18) PRIMARYOFFICIAL
  2. Bio Gen LLC v. Sanders, No. 24-1949 (8th Cir. June 24, 2025), reversing preliminary injunction against Act 629 of 2023 (U.S. Court of Appeals for the Eighth Circuit, 2026-07-18) PRIMARYOFFICIAL
  3. Ark. Code Sec. 5-64-215(a)(2),(5),(d); Sec. 5-64-101(16)(B); Sec. 20-56-501 through 20-56-503 (Act 934 of 2025) PRIMARYOFFICIAL

Flower / raw plant

Illegal

As of October 7, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Arkansas as flower / raw plant. Hemp Delta-9 flower - illegal. Controlling source: Act 934 of 2025 (SB533), amending Ark. Code Sec. 5-64-215, 5-64-101, 2-15-503, and adding Subchapter 5 (Sec. 20-56-501 et seq.) to Title 20, Chapter 56.

Verified October 7, 2026 (manual) · confidence: confirmed
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
Raw hemp above the federally-defined THC level is 'marijuana' outright under the amended Uniform Controlled Substances Act (Sec. 5-64-101(16), 5-64-215(d)); hemp-compliant flower marketed/sold for THC content for human consumption/inhalation is independently barred by Sec. 20-56-503(c).

What the record says

Raw hemp above the federally-defined THC level is 'marijuana' outright under the amended Uniform Controlled Substances Act (Sec. 5-64-101(16), 5-64-215(d)); hemp-compliant flower marketed/sold for THC content for human consumption/inhalation is independently barred by Sec. 20-56-503(c). Arkansas is one of the most restrictive states for hemp-derived delta-9 THC: any finished, human-consumable or inhalable hemp product with a total THC concentration above 0% is an 'intoxicating hemp product' and a Schedule VI controlled substance, full stop, regardless of delivery form. The only lawful hemp-derived cannabinoid products are cosmetics, FDA-GRAS items, or products capped at 1 mg total THC per container with a CBD:THC ratio above 15:1 -- a threshold so low it effectively excludes any product marketed for delta-9 THC effect. Enforcement has been active since the 2025 8th Circuit ruling and 2025/2026 Act 934 certification.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Act 934 of 2025 (SB533), amending Ark. Code Sec. 5-64-215, 5-64-101, 2-15-503, and adding Subchapter 5 (Sec. 20-56-501 et seq.) to Title 20, Chapter 56 (Arkansas General Assembly, 2026-07-18) PRIMARYOFFICIAL
  2. Bio Gen LLC v. Sanders, No. 24-1949 (8th Cir. June 24, 2025), reversing preliminary injunction against Act 629 of 2023 (U.S. Court of Appeals for the Eighth Circuit, 2026-07-18) PRIMARYOFFICIAL
  3. Ark. Code Sec. 5-64-215(a)(2),(5),(d); Sec. 5-64-101(16)(B); Sec. 20-56-501 through 20-56-503 (Act 934 of 2025) PRIMARYOFFICIAL

Other

Illegal

As of October 7, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Arkansas as other. Hemp Delta-9 other - illegal. Controlling source: Act 934 of 2025 (SB533), amending Ark. Code Sec. 5-64-215, 5-64-101, 2-15-503, and adding Subchapter 5 (Sec. 20-56-501 et seq.) to Title 20, Chapter 56.

Verified October 7, 2026 (manual) · confidence: confirmed
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
'Intoxicating hemp product' definition (Sec. 20-56-502(17)) is form-neutral and catches any other mix/blend with detectable total THC absent the narrow safe harbor.

What the record says

'Intoxicating hemp product' definition (Sec. 20-56-502(17)) is form-neutral and catches any other mix/blend with detectable total THC absent the narrow safe harbor. Arkansas is one of the most restrictive states for hemp-derived delta-9 THC: any finished, human-consumable or inhalable hemp product with a total THC concentration above 0% is an 'intoxicating hemp product' and a Schedule VI controlled substance, full stop, regardless of delivery form. The only lawful hemp-derived cannabinoid products are cosmetics, FDA-GRAS items, or products capped at 1 mg total THC per container with a CBD:THC ratio above 15:1 -- a threshold so low it effectively excludes any product marketed for delta-9 THC effect. Enforcement has been active since the 2025 8th Circuit ruling and 2025/2026 Act 934 certification.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Act 934 of 2025 (SB533), amending Ark. Code Sec. 5-64-215, 5-64-101, 2-15-503, and adding Subchapter 5 (Sec. 20-56-501 et seq.) to Title 20, Chapter 56 (Arkansas General Assembly, 2026-07-18) PRIMARYOFFICIAL
  2. Bio Gen LLC v. Sanders, No. 24-1949 (8th Cir. June 24, 2025), reversing preliminary injunction against Act 629 of 2023 (U.S. Court of Appeals for the Eighth Circuit, 2026-07-18) PRIMARYOFFICIAL
  3. Ark. Code Sec. 5-64-215(a)(2),(5),(d); Sec. 5-64-101(16)(B); Sec. 20-56-501 through 20-56-503 (Act 934 of 2025) PRIMARYOFFICIAL

Powder / bulk

Illegal

As of October 7, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Arkansas as powder / bulk. Hemp Delta-9 powder - illegal. Controlling source: Act 934 of 2025 (SB533), amending Ark. Code Sec. 5-64-215, 5-64-101, 2-15-503, and adding Subchapter 5 (Sec. 20-56-501 et seq.) to Title 20, Chapter 56.

Verified October 7, 2026 (manual) · confidence: confirmed
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
Same 'intoxicating hemp product' capture applies to isolate/powder forms with detectable total THC.

What the record says

Same 'intoxicating hemp product' capture applies to isolate/powder forms with detectable total THC. Arkansas is one of the most restrictive states for hemp-derived delta-9 THC: any finished, human-consumable or inhalable hemp product with a total THC concentration above 0% is an 'intoxicating hemp product' and a Schedule VI controlled substance, full stop, regardless of delivery form. The only lawful hemp-derived cannabinoid products are cosmetics, FDA-GRAS items, or products capped at 1 mg total THC per container with a CBD:THC ratio above 15:1 -- a threshold so low it effectively excludes any product marketed for delta-9 THC effect. Enforcement has been active since the 2025 8th Circuit ruling and 2025/2026 Act 934 certification.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Act 934 of 2025 (SB533), amending Ark. Code Sec. 5-64-215, 5-64-101, 2-15-503, and adding Subchapter 5 (Sec. 20-56-501 et seq.) to Title 20, Chapter 56 (Arkansas General Assembly, 2026-07-18) PRIMARYOFFICIAL
  2. Bio Gen LLC v. Sanders, No. 24-1949 (8th Cir. June 24, 2025), reversing preliminary injunction against Act 629 of 2023 (U.S. Court of Appeals for the Eighth Circuit, 2026-07-18) PRIMARYOFFICIAL
  3. Ark. Code Sec. 5-64-215(a)(2),(5),(d); Sec. 5-64-101(16)(B); Sec. 20-56-501 through 20-56-503 (Act 934 of 2025) PRIMARYOFFICIAL

Raw material / RUO

Illegal

As of October 7, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Arkansas as raw material / ruo. Hemp Delta-9 raw material - illegal. Controlling source: Act 934 of 2025 (SB533), amending Ark. Code Sec. 5-64-215, 5-64-101, 2-15-503, and adding Subchapter 5 (Sec. 20-56-501 et seq.) to Title 20, Chapter 56.

Verified October 7, 2026 (manual) · confidence: confirmed
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
Sec. 5-64-215(a)(5)(A)(i) schedules any product derived from industrial hemp via synthetic chemical conversion into delta-8/9/6a,10a/10 THC, and the base hemp/marijuana distinction in Sec. 5-64-101(16) and 5-64-215(d) already places bulk material above the 0.3% delta-9 threshold outside the hemp exemption.

What the record says

Sec. 5-64-215(a)(5)(A)(i) schedules any product derived from industrial hemp via synthetic chemical conversion into delta-8/9/6a,10a/10 THC, and the base hemp/marijuana distinction in Sec. 5-64-101(16) and 5-64-215(d) already places bulk material above the 0.3% delta-9 threshold outside the hemp exemption. Arkansas is one of the most restrictive states for hemp-derived delta-9 THC: any finished, human-consumable or inhalable hemp product with a total THC concentration above 0% is an 'intoxicating hemp product' and a Schedule VI controlled substance, full stop, regardless of delivery form. The only lawful hemp-derived cannabinoid products are cosmetics, FDA-GRAS items, or products capped at 1 mg total THC per container with a CBD:THC ratio above 15:1 -- a threshold so low it effectively excludes any product marketed for delta-9 THC effect. Enforcement has been active since the 2025 8th Circuit ruling and 2025/2026 Act 934 certification.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Act 934 of 2025 (SB533), amending Ark. Code Sec. 5-64-215, 5-64-101, 2-15-503, and adding Subchapter 5 (Sec. 20-56-501 et seq.) to Title 20, Chapter 56 (Arkansas General Assembly, 2026-07-18) PRIMARYOFFICIAL
  2. Bio Gen LLC v. Sanders, No. 24-1949 (8th Cir. June 24, 2025), reversing preliminary injunction against Act 629 of 2023 (U.S. Court of Appeals for the Eighth Circuit, 2026-07-18) PRIMARYOFFICIAL
  3. Ark. Code Sec. 5-64-215(a)(2),(5),(d); Sec. 5-64-101(16)(B); Sec. 20-56-501 through 20-56-503 (Act 934 of 2025) PRIMARYOFFICIAL

Tincture / sublingual

Illegal

As of October 7, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Arkansas as tincture / sublingual. Hemp Delta-9 tincture - illegal. Controlling source: Act 934 of 2025 (SB533), amending Ark. Code Sec. 5-64-215, 5-64-101, 2-15-503, and adding Subchapter 5 (Sec. 20-56-501 et seq.) to Title 20, Chapter 56.

Verified October 7, 2026 (manual) · confidence: confirmed
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
Same 'intoxicating hemp product' capture; total THC concentration exceeding 0% in finished form makes it Schedule VI absent the narrow safe harbor.

What the record says

Same 'intoxicating hemp product' capture; total THC concentration exceeding 0% in finished form makes it Schedule VI absent the narrow safe harbor. Arkansas is one of the most restrictive states for hemp-derived delta-9 THC: any finished, human-consumable or inhalable hemp product with a total THC concentration above 0% is an 'intoxicating hemp product' and a Schedule VI controlled substance, full stop, regardless of delivery form. The only lawful hemp-derived cannabinoid products are cosmetics, FDA-GRAS items, or products capped at 1 mg total THC per container with a CBD:THC ratio above 15:1 -- a threshold so low it effectively excludes any product marketed for delta-9 THC effect. Enforcement has been active since the 2025 8th Circuit ruling and 2025/2026 Act 934 certification.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Act 934 of 2025 (SB533), amending Ark. Code Sec. 5-64-215, 5-64-101, 2-15-503, and adding Subchapter 5 (Sec. 20-56-501 et seq.) to Title 20, Chapter 56 (Arkansas General Assembly, 2026-07-18) PRIMARYOFFICIAL
  2. Bio Gen LLC v. Sanders, No. 24-1949 (8th Cir. June 24, 2025), reversing preliminary injunction against Act 629 of 2023 (U.S. Court of Appeals for the Eighth Circuit, 2026-07-18) PRIMARYOFFICIAL
  3. Ark. Code Sec. 5-64-215(a)(2),(5),(d); Sec. 5-64-101(16)(B); Sec. 20-56-501 through 20-56-503 (Act 934 of 2025) PRIMARYOFFICIAL

Topical

Illegal

As of October 7, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Arkansas as topical. Hemp Delta-9 topical - illegal. Controlling source: Act 934 of 2025 (SB533), amending Ark. Code Sec. 5-64-215, 5-64-101, 2-15-503, and adding Subchapter 5 (Sec. 20-56-501 et seq.) to Title 20, Chapter 56.

Verified October 7, 2026 (manual) · confidence: confirmed
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
'Consumption' is defined broadly to include 'application to the body' (Sec. 20-56-502(10)), so topicals with detectable total THC fall within the intoxicating hemp product definition as well.

What the record says

'Consumption' is defined broadly to include 'application to the body' (Sec. 20-56-502(10)), so topicals with detectable total THC fall within the intoxicating hemp product definition as well. Arkansas is one of the most restrictive states for hemp-derived delta-9 THC: any finished, human-consumable or inhalable hemp product with a total THC concentration above 0% is an 'intoxicating hemp product' and a Schedule VI controlled substance, full stop, regardless of delivery form. The only lawful hemp-derived cannabinoid products are cosmetics, FDA-GRAS items, or products capped at 1 mg total THC per container with a CBD:THC ratio above 15:1 -- a threshold so low it effectively excludes any product marketed for delta-9 THC effect. Enforcement has been active since the 2025 8th Circuit ruling and 2025/2026 Act 934 certification.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Act 934 of 2025 (SB533), amending Ark. Code Sec. 5-64-215, 5-64-101, 2-15-503, and adding Subchapter 5 (Sec. 20-56-501 et seq.) to Title 20, Chapter 56 (Arkansas General Assembly, 2026-07-18) PRIMARYOFFICIAL
  2. Bio Gen LLC v. Sanders, No. 24-1949 (8th Cir. June 24, 2025), reversing preliminary injunction against Act 629 of 2023 (U.S. Court of Appeals for the Eighth Circuit, 2026-07-18) PRIMARYOFFICIAL
  3. Ark. Code Sec. 5-64-215(a)(2),(5),(d); Sec. 5-64-101(16)(B); Sec. 20-56-501 through 20-56-503 (Act 934 of 2025) PRIMARYOFFICIAL

Status by product form in Arkansas

FormStatusHeadlineVerified
Vape / inhalable IllegalHemp Delta-9 vape - illegal2026-10-07
Capsule / tablet IllegalHemp Delta-9 capsule - illegal2026-10-07
Beverage IllegalHemp Delta-9 drink - illegal2026-10-07
Edible / ingestible IllegalHemp Delta-9 edible - illegal2026-10-07
Flower / raw plant IllegalHemp Delta-9 flower - illegal2026-10-07
Other IllegalHemp Delta-9 other - illegal2026-10-07
Powder / bulk IllegalHemp Delta-9 powder - illegal2026-10-07
Raw material / RUO IllegalHemp Delta-9 raw material - illegal2026-10-07
Tincture / sublingual IllegalHemp Delta-9 tincture - illegal2026-10-07
Topical IllegalHemp Delta-9 topical - illegal2026-10-07

Where Delta-9 THC (hemp-derived) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Among Arkansas's 6 neighbors, Mississippi and Texas are illegal; Louisiana, Oklahoma and Tennessee are restricted; Missouri is legal.

Map and neighbor comparison show vape / inhalable. Open the interactive map · Every compound in Arkansas

Federal posture

Federally restricted. Hemp delta-9 THC vape - federally unscheduled inside the hemp definition; 0.4 mg per container cap lands Nov 12 2026 Federal detail

Pending deadlines

  • 2026-11-12 · Federal · Federal hemp redefinition, Nov 12 piece: products with cannabinoids not naturally produced by the plant leave hemp (H.R. 5371 (Pub. L. 119-37, Sec. 781))
  • 2026-12-11 · Federal · Federal hemp redefinition, Dec 11 piece: total THC 0.3% and 0.4 mg total THC per container (H.R. 6500 (Pub. L. 119-103) / Pub. L. 119-37 Sec. 781)
    Pub. L. 119-103 (continuing resolution, Sept 2, 2026) delayed the rest of the Pub. L. 119-37 sec. 781 hemp definition to Dec 11, 2026 (CRS IF13136, Sept 28, 2026): hemp is measured by total tetrahydrocannabinols including THCA (0.3% dry weight), and any final product over 0.4 mg combined total THC and cannabinoids with similar effects per container leaves hemp. A product that leaves hemp is marijuana, Schedule I, in every state.

Verbatim law on file for Arkansas

6 instruments on file for this compound's framework in Arkansas; 30 of 30 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

A.C.A. Sec. 20-56-502(10), (16), (17), (23), (24) · Definitions (Consumable Hemp Products) - Consumption; Hemp; Intoxicating hemp product; Tetrahydrocannabinol; Total tetrahydrocannabinolOFFICIAL
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
Fingerprint
756b8eaac1d534db
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
A.C.A. Sec. 20-56-503 · Construction (Consumable Hemp Products)OFFICIAL
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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ae4f6dc6f37406ad
(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.
A.C.A. Sec. 20-56-513 · Prohibitions (Consumable Hemp Products)OFFICIAL
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.
Ark. Code 20-56-502(4), (6)(C)(ii), (17); 20-56-513 (Act 934 of 2025); Act 629 of 2023 · Ark. Code 20-56-502(4), (6)(C)(ii), (17); 20-56-513 (Act 934 of 2025); Act 629 of 2023OFFICIAL
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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3c349ce5a21c9ca2
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.]
Ark. Code Sec. 20-56-502(4),(17); Sec. 20-56-503(c); Sec. 5-64-215(a)(5)(k) (Act 934 of 2025) · Intoxicating hemp product definition (expressly naming hexahydrocannabinol) and Schedule VI captureOFFICIAL
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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3a006c993171d7fb
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.
Ark. Code Sec. 5-64-215(a)(2),(5),(d); Sec. 5-64-101(16)(B); Sec. 20-56-501 through 20-56-503 (Act 934 of 2025) · Schedule VI; intoxicating hemp productOFFICIAL
Instrument
Schedule VI; intoxicating hemp product
Source
https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT934.pdf
Retrieved
2026-10-07
Fingerprint
d122d44d38a500b0
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.

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Cite this page

Compound Analytics. "Is Delta-9 THC (hemp-derived) Legal in Arkansas? (2026)." Compound Laws, https://compoundlaws.com/compounds/d9/arkansas/. Accessed October 25, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

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