Little Rock, AR: An Arkansas law prohibiting the sale of hemp-derived intoxicating products is not preempted by the 2018 federal Farm Bill, according to a ruling issued last week by the Eighth Circuit Court of Appeals.
Plaintiffs challenged the 2023 law (Arkansas Act 629), which restricts the sale of hemp-derived intoxicating cannabinoids that are the result of a chemical synthesis, such as products high in concentrations of delta-8-THC. The Court rejected plaintiffs’ arguments, opining that federal law “facilitates” but does not mandate states to regulate hemp-related products.
“Just because states may legalize hemp under the 2018 Farm Bill does not mean they must,” the Court determined.
The decision is similar to rulings issued earlier this year by federal courts in Alaska and Virginia, which also determined that state governments retain the ability to restrict the sales of hemp-derived intoxicating products. In Alabama, a Montgomery Circuit Court judge also recently upheld that state’s newly imposed ban on smokable hemp products.
Nearly half of all US states impose severe restrictions on the retail sale of delta-8-THC and similar products, according to reporting provided by Courthouse News Service. However, Republican Governors in Florida and Texas have recently vetoed legislation that sought to impose similar bans.
The case is Bio Gen LLC et al. vs Sarah Huckabee Sanders et al.