Federal Judge Halts Arkansas Ban on Hemp-derived THC Products

LOS ANGELES- A significant judicial ruling in Arkansas has stalled the state’s efforts to reclassify and criminalize hemp-derived THC products. U.S. District Court Judge Billy Roy Wilson issued an order preventing the enforcement of a law that sought to ban the sale and use of these products in the state. The ruling, seen as a major victory for hemp advocates, paves the way for a bench trial scheduled for September 7, 2024.

The disputed law, which was enacted on August 1, sought to redefine hemp, aiming to make the possession, production, transportation, and sale of specific hemp-derived cannabinoid products illegal. This raised significant concerns among the plaintiffs, who emphasized the potential adverse economic impact of the ban. They contended that without intervention, the law would result in significant job losses across Arkansas and would unjustly criminalize farmers, entrepreneurs, and consumers, despite there being no alterations to the federal statute.

Particularly, the contested state regulation targeted hemp-derived substances, including delta-9 THC, delta-8 THC, and delta-10 THC, categorizing each as controlled substances under state jurisdiction.

In his determination, Judge Wilson expressed his belief that the plaintiffs have a strong chance of success in their case. He underscored the tangible risk they faced, including potential criminal prosecution, which could hinder their prospects of securing licenses for legitimate hemp cultivation or business operations, and the threat of lost revenue.

The plaintiffs’ representation, Abtin Mehdizadegan from the Little Rock office of Hall Booth Smith, highlighted the importance of this ruling for the broader hemp sector. Although the decision directly applies to Arkansas, Mehdizadegan expressed optimism that other states considering similar bans would heed the implications of this judgment.

The defendants in this lawsuit comprise notable Arkansas officials, such as Governor Sarah Huckabee Sanders (R), Attorney General Tim Griffin, and several prosecuting attorneys. The plaintiffs’ central argument posits that the state’s law is unconstitutional, asserting that it contradicts the federal 2018 Farm Bill. This legislation delisted hemp from the federal schedule of controlled substances, creating a rift between state and federal interpretations.

The future of hemp-derived THC products in Arkansas now hangs in the balance, with all eyes on the upcoming trial.