Known as “The Natural State,” Arkansas is one of the only states to produce diamonds — but it can’t say the same for hemp. It’s one of many states that has legalized the growth, production and sale of hemp products, including hemp-based CBD.
That said, the government of Arkansas prohibits marijuana-based CBD, which contains more than 0.3% THC, unless used within the state’s medical marijuana program. It has also introduced new legislation that prohibits synthetic hemp products, which includes Delta-8, 9 and 10.
CBD Laws in Arkansas: What You Need to Know
Is CBD legal in Arkansas? Yes, Arkansas residents can legally cultivate, possess, sell and consume hemp-based CBD products under Arkansas CBD laws 2023. The state legalized hemp even before it was federally legalized by the federal Farm Bill of 2018.
The Arkansas Industrial Hemp Act, which was introduced in 2017, outlines how residents of Arkansas can legally cultivate and distribute hemp and its products. Namely, the CBD products produced must adhere to at least one of the following requirements:
- Approved by the U.S. Food and Drug Administration
- Derived from industrial hemp
- Does not contain more than 0.3% THC
- Does not contain living hemp seeds or plant material
In 2019, HB 1518 withdrew hemp-based CBD from the state’s controlled substances list, making all products legal.
The Arkansas Hemp Production Act of 2021 evolved Arkansas CBD laws, giving the Arkansas State Plant Board and the Arkansas Department of Agriculture authority to regulate hemp production. The rules outline that all growers and processor-handlers must be licensed and be at least 18 years of age. Additionally, growers and processor-handlers must undergo an annual criminal background check and pay an annual fee of $200, as well as a one-time acreage fee.
Hemp seeds must also fall under specific guidelines as set by the Arkansas government. The government can also collect samples of the crop at any time to test potency. If the crop contains more than 0.3% THC, it will be reported to the Industrial Hemp Committee.
Is CBD Legal in Arkansas?
As mentioned, the legalization of CBD in Arkansas began in 2017 with the cultivation and production of hemp, and hemp-based CBD products were later legalized in 2019.
However, Arkansas's storied history with cannabis began long before 2017. In 1923, Arkansas first made cannabis an illegal substance.
That said, is marijuana-based CBD legal in the state of Arkansas, and is THC legal in Arkansas? For some it is.
In 2016, the Arkansas Legislature passed HB 1026, which established a medical marijuana program and commission that provides licenses for growers, processors and dispensaries. That said, marijuana-derived CBD is available and legal to use only for those who possess medical marijuana cards. Cardholders must have one of 17 approved conditions to qualify for the medical marijuana program.
Marijuana-based CBD isn’t available to the general public. That’s because, under federal law, recreational marijuana is still illegal, and Arkansas has yet to pass any legislature that would legalize recreational marijuana within state lines. Although, a failed 2022 initiative did seek to legalize the substance.
That said, Eureka Springs, Little Rock and Fayetteville have deprioritized the prosecution of marijuana-related offenses.
Can I Buy CBD in Arkansas?
Unlike medical marijuana cardholders, Arkansas residents do not need a prescription or referral from a healthcare provider to purchase hemp-based CBD. Legal CBD products are available in wellness stores, vape shops, grocery stores and spas. Additionally, buyers do not need to be of a certain age to purchase hemp-based CBD in Arkansas. However, it’s likely that some retailers may deny these products to minors.
Sellers must also be aware of the types of products they’re able to sell.
Those in possession of a hemp license can sell hemp fiber, roots, leaves, floral material, grains, seeds, plants and transplants only to those who are also in possession of a hemp license. These are known as in-program materials.
For hemp products to be publicly marketable, license holders must process the in-program materials for sale. Generally, hemp fiber, roots, extracted roots/floral material (CBD oil) and grain food products are available to the general public. Additionally, they cannot exceed the legal limit of 0.3% THC.
Can I Buy CBD Online?
As of 2018, hemp-based CBD is federally legal. This means it’s okay to distribute CBD products across state lines. Accordingly, it’s perfectly legal to purchase CBD products online as well — just as long as they contain the legal limit of THC.
For best practices, it’s smart to abide by Arkansas legislation when shopping for hemp products online. Namely, you’ll want to ensure that each product contains a scannable code or identifier that you can search on the company’s website. It’ll lead to a document, most commonly called a Certificate of Analysis (COA), that, per Arkansas law, details:
- Product name
- Batch date
- Batch ID number
- Quantity of the product
- Expiration date
- Ingredients list
It must also include a claim that the product does not treat, cure or prevent any medical condition. If the product does claim to treat an ailment or disease, it’s best to steer clear, as that company is breaking FDA guidelines.
Trustworthy companies, like Zebra CBD, will also test their products through a third-party lab, which will analyze each product for potency, ingredients and potential contaminants.
Can I Buy CBD at a Dispensary?
You can buy medical-grade marijuana-based CBD from a dispensary; however, you won’t need to go to a dispensary to purchase hemp CBD.
When purchasing CBD from any location, it’s likely that you’ll need to be at least 18 years of age.
Legal Status of CBD in Arkansas
Is hemp legal in Arkansas? Yes, and so is hemp-derived CBD. However, marijuana-based CBD is only legally available to those who are members of the state’s medical marijuana program.
Growers and processor-handlers must also abide by state regulations when growing, processing and selling hemp products.
While there isn’t any cannabis-related legislation in the works for Arkansas as of 2023, the cannabis and hemp industries are always changing. To stay informed with relevant information, visit the Arkansas state government website for any updates.
Legal Disclaimer
The information contained above is provided for educational and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information, and is not guaranteed to be correct, complete or current. We recommend checking our source(s) to see if the information or legal status have been revised since our content was published.
FAQ
1. Is CBD legal in Arkansas?
Yes, hemp-based CBD products and marijuana-based CBD products are legal in Arkansas at many retailers across the state. However, you need a medical marijuana card to purchase marijuana-based CBD.
2. How old do you have to be to buy CBD in Arkansas?
There’s no age restriction to purchase CBD in Arkansas. However, retailers can deny CBD products to minors.
3. Can I sell CBD products in Arkansas?
Yes, retailers can sell CBD products in Arkansas under state guidelines, as well as cultivate and process hemp plants within the state.
Source:
Arkansas Cannabis Information. Is CBD Oil Legal In Arkansas? https://arkansascannabis.org/cbd
Arkansas Department of Agriculture. Hemp Program Rules & the Law. https://www.agriculture.arkansas.gov/plant-industries/feed-and-fertilizer-section/hemp-home/hemp-program-rules-the-law/
Arkansas Department of Agriculture. Restrictions on Sale or Transfer. https://www.agriculture.arkansas.gov/plant-industries/feed-and-fertilizer-section/hemp-home/restrictions-on-sale-or-transfer/
