Is Delta 9 THC Legal in Arkansas After the 2026 Regulatory Updates?

Yes, Delta 9 THC derived from hemp is legal in Arkansas under specific conditions. The Arkansas Industrial Hemp Act aligns with federal law, permitting hemp-derived Delta 9 THC products containing ≤0.3% THC by dry weight. Retailers must register with the Arkansas Department of Agriculture (ADA) and comply with labeling and testing requirements. However, Delta 9 THC from marijuana remains prohibited under state controlled substances laws.

Key Regulations for Delta 9 THC in Arkansas

  • THC Concentration Limit: Only hemp-derived Delta 9 THC with ≤0.3% THC per dry weight is permitted. Products exceeding this threshold are classified as marijuana and remain illegal.
  • Registration & Testing: Businesses must register with the ADA and submit samples for THC potency testing. Failure to comply risks penalties, including product seizures or license revocation.
  • 2026 Compliance Shift: Starting January 1, 2026, Arkansas will enforce stricter third-party testing and labeling rules for hemp-derived cannabinoids, including Delta 9 THC, under Act 629 of 2023.

Local enforcement prioritizes products marketed for human consumption without proper ADA approval. Consumers should verify third-party lab reports to ensure compliance. Violations may trigger investigations by the Arkansas Alcoholic Beverage Control Division or local law enforcement.