Arkansas Act 629: What It Bans and Criminal Penalties

Arkansas Act 629, passed in 2023, makes most psychoactive hemp products illegal in the state by classifying delta-8, delta-9, and delta-10 THC as Schedule VI controlled substances. That puts delta-8 gummies, delta-10 vapes, and other high-THC hemp extracts in the same legal category as marijuana. After a federal court challenge, the Eighth Circuit Court of Appeals cleared the way for enforcement in June 2025, and the ban is now fully in effect.¹

What Act 629 Makes Illegal

The Act amended the Arkansas Uniform Controlled Substances Act to add several THC compounds to the Schedule VI list, along with their optical isomers.² The line is drawn at concentration for one compound and at existence for the others:

Any hemp-derived product containing more than 0.3% delta-9 THC on a dry weight basis is illegal.
Products containing delta-8 or delta-10 THC are illegal at any concentration, because those compounds fall under the synthetic substances provisions of the Schedule VI list.

That second category is what sweeps the shelves at gas stations and smoke shops. Delta-8 and delta-10 gummies, tinctures, and vapes were the backbone of Arkansas’s psychoactive hemp market, and there is no legal concentration for them under state law.

What Hemp Products Are Still Legal

Not every hemp product is banned. CBD products derived from hemp remain legal as long as they contain no more than 0.3% delta-9 THC on a dry weight basis, verified by an independent lab.² A CBD tincture or topical cream that meets the threshold can still be manufactured and sold in Arkansas if the business follows the state’s testing, labeling, and permitting rules.

Industrial hemp grown for non-consumable purposes such as fiber, seed, and grain also remains authorized, and the Arkansas Department of Agriculture continues to license growers and processors for those uses.

Medical marijuana is untouched by Act 629. Registered patients can still purchase THC products through Arkansas-licensed dispensaries under the state’s separate medical program.

Criminal Penalties for Possession

Because delta-8, delta-10, and delta-9 (above 0.3%) THC are now Schedule VI substances, possession is charged under the same statutes that apply to marijuana. Simple possession is measured by the total weight of the product, including fillers and additives, not the weight of the THC alone.³ A two-ounce bag of gummies counts as two ounces, even if the actual THC content is small.

Possession With Intent to Deliver

If prosecutors believe you intended to sell or distribute, the charges escalate sharply. Possession of a Schedule VI substance with the purpose to deliver is classified by weight:⁴

14 grams or less: Class A misdemeanor, up to one year in jail and a fine up to $2,500.
More than 14 grams but less than 4 ounces: Class D felony, up to six years in prison and a fine up to $10,000.
4 ounces to under 25 pounds: Class C felony, three to ten years in prison and a fine up to $10,000.
25 pounds to under 100 pounds: Class B felony, five to twenty years in prison and a fine up to $15,000.
100 pounds to under 500 pounds: Class A felony, six to thirty years in prison and a fine up to $15,000.

Those imprisonment ranges and fine caps come from Arkansas’s general sentencing statutes.⁵⁶ A few packs of gummies can easily weigh more than 14 grams, which pushes a possession-with-intent charge into felony territory.

Selling to Minors and Marketing Restrictions

Selling, giving, or bartering a hemp-derived product to a minor is a Class A misdemeanor, punishable by up to a year in jail and a $2,500 fine.⁷ Employees working inside a permitted retail location face a reduced penalty of up to $100 per violation. Minors themselves may not possess or purchase these products, and using a fake ID to buy them is a separate offense.

Marketing rules are strict. Packaging and advertising cannot use imagery that appeals to children, including cartoon characters, superheroes, video game characters, unicorns, or mythical creatures.⁸ Products cannot use the words “candy,” “cake,” “pie,” or “cupcakes” in their names, labels, or slogans, and they cannot imitate branding tied to food commonly associated with children, such as breakfast cereals, juice drinks, or ice cream.

Requirements for Legal Hemp Businesses

Businesses selling compliant hemp products face a layered set of requirements enforced by Arkansas Tobacco Control (ATC), a division of the Department of Finance and Administration.⁹

Permit and Background Check

Any business manufacturing, wholesaling, or retailing consumable hemp products must hold an ATC permit. The permit costs $5,000 per year, with renewal due by June 30.¹⁰ Applicants must pass a background check, and the list of disqualifying offenses is long: felony controlled substance violations, violent crimes such as battery, robbery, and kidnapping, sexual offenses, theft, forgery, financial identity fraud, arson, and burglary, among others.¹¹

Third-Party Lab Testing

Every hemp-derived product sold in Arkansas must be tested by an independent third-party lab before distribution. The lab issues a certificate of analysis confirming that total delta-9 THC is at or below 0.3% on a dry weight basis and detailing the product’s chemical composition.¹² Products cannot legally be sold without that certificate.

Labeling

Labels must identify the manufacturer and distributor by name and clearly state that the product contains material derived from hemp rather than marijuana or medical marijuana.⁸ ATC can add labeling requirements by rule, so businesses should keep lab certificates and licensing documents available for inspection.

Why the Ban Is Now Enforceable

A coalition of hemp businesses led by Bio Gen LLC sued to block Act 629, arguing that the 2018 federal Farm Bill preempted the state ban. A federal district court initially agreed and issued a preliminary injunction. The Eighth Circuit reversed that injunction in June 2025.¹

The court gave two main reasons. The 2018 Farm Bill contains a savings clause that lets states regulate hemp production more strictly than federal law does, so legalization at the federal level does not force legalization at the state level. And Act 629 is not unconstitutionally vague, because the terms it uses, including “synthetic substance,” are defined by the specific compounds listed in the Schedule VI statute.¹³ Criminal enforcement falls to local prosecuting attorneys, and regulatory enforcement falls to ATC.

If you have delta-8 or delta-10 products in Arkansas, you are in possession of a Schedule VI controlled substance. Retailers still stocking these products face permit revocation, product seizure, and criminal charges. The legal path forward is limited to compliant CBD and non-psychoactive hemp products, with an ATC permit, current certificates of analysis, marketing that avoids child-appeal imagery and terms, and complete compliance records on hand.

1
Justia. Bio Gen LLC v. Sanders, No. 23-3237
2
Justia. Arkansas Code 5-64-215 – Substances in Schedule VI
3
Justia. Arkansas Code 5-64-419 – Possession of a Controlled Substance
4
Justia. Arkansas Code 5-64-436 – Possession of a Schedule VI Controlled Substance With the Purpose to Deliver
5
Justia. Arkansas Code 5-4-401 – Sentence
6
Justia. Arkansas Code 5-4-201 – Fines – Limitations on Amount
7
Justia. Arkansas Code 20-56-411 – Providing Hemp-Derived Products to Minors
8
Justia. Arkansas Code 20-56-409 – Advertising
9
Arkansas Department of Finance and Administration. Arkansas Tobacco Control
10
State of Arkansas Department of Finance and Administration. Fiscal Impact Statement Bill SB533
11
Code of Arkansas Rules. 20 CAR 42-110 – List of Disqualifying Offenses
12
Justia. Arkansas Code 20-56-410 – Testing
13
Arkansas Attorney General. Attorney General Griffin Successfully Defends Arkansas’s Ban on Dangerous Psychoactive Hemp Products