Editor’s Note: Arkansas State Law Changed July 28, 2021. Read the new law HERE.

There is always confusion when it comes to the legality of cannabis and all of its derivatives. This includes the newest cannabis to hit the general public: Delta 8. What is it and is it legal? And what does Arkansas law say about Delta 8?

What is Delta 8?

Delta 8 is a psychoactive cannabinoid similar to Delta 9, which is the main component of cannabis that creates the high that people aim for. But Delta 8 has been shown to be less potent and more controllable than Delta 9. This is because of a small difference on the molecular level. There is a double bond on the 8th carbon chain for Delta 8 and a double bond on the 9th carbon chain for Delta 9. This molecular difference is how Delta 8 is less potent and more controllable. 

Consumers have reported that they can feel a sense of euphoria and relaxation that they reach for when they consume Delta 9 products, but they still feel in control of their high. They say that they are lucid and functional while feeling the effects of Delta 8, making it the preferred product for those who wish to relax while still accomplishing tasks during the day

Is Delta 8 Federally Legal?

Yes it is! Back in 2018, the USDA passed the Farm Bill, which states that as long as a hemp derived product doesn’t contain more than 0.3 percent of Delta 9, then it is legal to sell to the general public. Because Delta 8 is structurally different from Delta 9, Delta 8 products don’t contain any Delta 9, which is definitely less than 0.3 percent. So, federally, Delta 8 is legal to consume and have. 

Arkansas State Law

But just because something is federally legal doesn’t mean that it is legal in every state. In Arkansas, for example, it is illegal to own or consume any Delta 8 THC products. The law states:

Arkansas Code § 5-64-215 is amended to read as follows: 23 5-64-215. Substances in Schedule VI.

(a) In addition to any substance placed in Schedule VI by the Director of the Department of Health under § 5-64-214, any material, compound, mixture, or preparation, whether produced directly or indirectly from a substance of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, that contains any quantity of the following substances, or that contains any of their salts, isomers, and salts of isomers when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation, is included in Schedule VI:

(1) Marijuana;
(2) Tetrahydrocannabinols;
(3) A synthetic equivalent of:
(A) The substance contained in the Cannabis plant; or
(B) The substance contained in the resinous extractives of the genus Cannabis

So any derivative of cannabis is considered to be a schedule VI drug. Schedule VI drugs are classified as a drug that has a very low risk of physical dependency. While this classification is less strict than the federal classification of cannabis as a Schedule I drug, it still makes any cannabis product or derivative illegal. Since Delta 8 THC is a tetrahydrocannabinol, it cannot be purchased by the general public within the state. 

Laws are always subject to change, so research before purchasing and consuming any Delta 8 products. Make sure to check back for more cannabis and hemp related news.