Is Delta 8 Legal in Arkansas?

May 20, 2025

Is Delta 8 Legal in Arkansas? (2025 Update)

As of May 2025, Delta 8 THC remains legal in Arkansas, but its future hangs in the balance. In September 2023, a federal judge issued a preliminary injunction blocking the enforcement of Act 629, a state law that sought to ban the production and sale of Delta 8 and other hemp-derived cannabinoids. This injunction allows Delta 8 products to be sold and possessed legally in Arkansas for the time being.

However, the legal landscape is still evolving. The state has appealed the injunction, and the case is currently under review in the Eighth Circuit Court of Appeals. Additionally, Arkansas lawmakers introduced Senate Bill 533 in 2025 to address concerns raised in the ongoing litigation. This bill aims to prohibit intoxicating hemp products, including those containing Delta 8 THC, if Act 629 is ultimately ruled unconstitutional.

For Arkansas residents and businesses, this means that while Delta 8 THC is currently legal, its status could change depending on the outcomes of ongoing legal proceedings and potential new legislation. Staying informed about these developments is crucial for compliance and informed decision-making.

To understand how this situation arose, it's important to examine what Delta 8 THC is and how federal and state laws have contributed to its complex legal status.

What Is Delta 8 THC and Why Its Legal Status Is Complicated

Delta 8 THC isn’t just another cannabis compound - it’s the center of a growing legal debate affecting consumers, producers, and lawmakers alike. Despite being federally legal under specific conditions, Delta 8’s legality has been challenged by multiple states, including Arkansas. Understanding why this confusion exists starts with how Delta 8 is made and how it's classified under the law.

Quick Overview of Delta 8 THC

Delta 8 THC (delta-8-tetrahydrocannabinol) is a naturally occurring cannabinoid found in the hemp plant, but only in trace amounts. To create products at scale, manufacturers convert CBD extracted from legal hemp into Delta 8 through a lab-based isomerization process. This method is central to the legal gray area: while the starting material is hemp-derived and legal under federal law, the chemical alteration introduces regulatory uncertainty.

Delta 8 is structurally similar to Delta 9 THC - the primary psychoactive compound in marijuana - but it's typically described as producing a milder, more clear-headed high. Because of this, many consumers view it as a less intense alternative to traditional cannabis. Retailers, especially in states where marijuana remains illegal, have marketed it as a legal workaround. That perception is what propelled its popularity - and why it's now facing scrutiny.

The Role of the 2018 Farm Bill

The confusion surrounding Delta 8’s legality stems largely from the 2018 Farm Bill (Agricultural Improvement Act). This federal legislation legalized hemp and its derivatives, defining hemp as any cannabis plant—or derivative—with less than 0.3% Delta 9 THC by dry weight. It opened the door for hemp-derived products, including CBD, to be sold nationwide.

Crucially, the bill made no mention of Delta 8 THC or other minor cannabinoids. This omission created a loophole: since Delta 8 can be synthesized from legal hemp-derived CBD, some interpreted it as legal under the Farm Bill, even though the DEA later clarified that synthetically derived cannabinoids may still fall under the Controlled Substances Act.

In response to this ambiguity, several states, including Arkansas, introduced legislation to ban or restrict Delta 8 despite federal legality. Arkansas passed Act 629 in 2023 to ban the substance, but that law is currently blocked due to ongoing federal litigation. We'll explore Arkansas's specific legal actions in the next section.

Arkansas Laws and Regulations on Delta 8 THC

Arkansas has taken several legislative and regulatory steps to address Delta 8 THC. While the state moved to classify it as a controlled substance, a federal court injunction has left those changes in limbo. Below is a breakdown of where things stand as of May 2025.

Delta 8 as a Controlled Substance in Arkansas

In March 2023, the legislature passed Act 629, amending the Arkansas Controlled Substances Act to add Delta 8, Delta 9, and Delta 10 THC to Schedule VI, banning their growth, processing, sale, transfer, or possession under state law.

Shortly afterward, hemp industry groups sued, arguing the ban conflicted with federal hemp law. In September 2023, a U.S. District Court issued a preliminary injunction blocking enforcement of those schedule changes pending resolution in Bio Gen, LLC v. Sanders. Until the court issues a final ruling, the Act 629 amendments remain unenforceable.

Past Legal Actions and Policy Shifts

• July 2023: Governor Sanders signs Act 629 into law, targeting Delta 8 THC and other minor cannabinoids.

• September 2023: Federal judge blocks enforcement of Act 629, citing potential conflict with the 2018 Farm Bill’s hemp provisions.

• April 2025: Legislature files Senate Bill 533, aiming to empower the Arkansas Tobacco Control Board to regulate “intoxicating hemp products,” including Delta 8, if the injunction is overturned.
  

These efforts reflect ongoing tension between federal hemp legalization and state concerns over untested psychoactive products.

How the Law Is Enforced Locally

Because the injunction prevents Act 629 from taking effect, retailers continue selling Delta 8 products without state interference. To date, no significant seizures or arrests related to Delta 8 have been reported under Arkansas law. The Department of Health’s official Controlled Substances list explicitly notes the Act 629 changes “are not enforceable until a final order” in Bio Gen v. Sanders.

Arkansas law enforcement has largely held off on enforcing Delta 8 restrictions. However, if the appeals court upholds Act 629 or if SB 533 becomes law, retailers and consumers could face penalties. It’s crucial for anyone in Arkansas to monitor these legal proceedings closely.

Can You Still Buy Delta 8 in Arkansas?

The legal landscape is complex and subject to change, making it essential for consumers to stay informed.

Local Availability in Arkansas

Despite the injunction, the availability of Delta 8 products in local Arkansas delta 8 stores is limited. Many retailers have ceased stocking these products due to the legal uncertainties and potential risks involved. Consumers may encounter Delta 8 products in some establishments, but the quality and legality of these items can be questionable. It's crucial to exercise caution and verify the legitimacy of any Delta 8 products found in local stores.

Ordering Delta 8 Online as an Arkansas Resident

Given the limited local availability, many Arkansas residents turn to online retailers to purchase Delta 8 products. While the federal injunction currently allows for the sale and possession of Delta 8 in Arkansas, the legal status is still under review, and future changes could impact the legality of online purchases.

When considering online purchases, it's important to choose reputable vendors that provide transparent product information, including third-party lab testing results. This ensures the products meet safety standards and contain the advertised levels of Delta 8 THC. Consumers should also be aware of the potential legal risks associated with shipping Delta 8 products into Arkansas, especially if the legal status changes.

In summary, while Delta 8 THC is currently legal in Arkansas due to a federal injunction, the situation is fluid. Consumers should stay informed about legal developments and exercise caution when purchasing Delta 8 products, whether locally or online.

Best Delta 8 Products for Arkansas Customers

As of May 2025, Arkansas residents can still legally buy Delta 8 THC products. While the future of Act 629 remains undecided, consumers in Arkansas currently have full access to compliant Delta 8 products - especially through trusted online retailers. Here's what you need to know if you're shopping safely and legally.

Moonwlkr’s Delta 8 Gummies and Vapes

Moonwlkr offers a curated range of Delta 8 gummies and vape cartridges that meet legal requirements and are accessible to Arkansas customers. All products are third-party lab tested, ensuring compliance, purity, and accurate potency.

Top Picks for Arkansas Buyers:

• Delta 8 Gummies – Available in flavors like Blue Dream Berry and Watermelon Zkittlez, each gummy contains a precise dose of Delta 8 for a balanced, euphoric experience.

• Delta 8 Vape Carts – With strain-specific blends such as Tiger’s Blood and Pineapple Train Wreck, these cartridges provide fast-acting effects and rich terpene profiles.
  
  

Every product is made from hemp-derived cannabinoids and remains compliant with the federal standard of less than 0.3% Delta 9 THC by dry weight—making them fully legal to ship to 

Hemp-Derived Alternatives (Optional for Non-Delta 8 Users)

While Delta 8 is still legal for now, some Arkansas consumers may prefer non-intoxicating options. Moonwlkr also provides:

• Full-spectrum CBD gummies for daily wellness support

• CBN sleep blends for evening relaxation

• Delta 9 THC gummies compliant with the 2018 Farm Bill (<0.3% by dry weight)
  
  

These alternatives can serve as reliable, legal options for those avoiding Delta 8 or looking for different effects.

Final Thoughts: What Arkansas Residents Should Know About Delta 8 THC

• Delta 8 is still legal in Arkansas due to a court injunction, but the law may change.

• Buy from transparent, compliant brands like Moonwlkr that provide lab results and clear cannabinoid content.

• Avoid local uncertainty - most stores have reduced or pulled inventory. Online sources remain the safest option.
  
  

Moonwlkr will continue to prioritize legal compliance, product quality, and customer education, so Arkansas buyers can make confident, informed choices in a shifting legal landscape.