A federal appeals court has upheld Arkansas’s law banning hemp products containing psychoactive levels of THC—including delta‑8 and delta‑9—even while Texas’s governor vetoed a similar ban, citing legal concerns. The ruling reinforces state-level authority to regulate consumable hemp and highlights growing differences across U.S. policy.
The case centers on Arkansas’s 2023 law, which prohibits any hemp-derived products with finished-product THC exceeding 0.3%. Businesses had sued, claiming the law was preempted by the federal 2018 Farm Bill. A district court issued an injunction, but the Eighth Circuit reversed that order, ruling the Arkansas law aligns with federal regulations when states control hemp under USDA-approved plans.
The court determined that Arkansas law provides a clear definition of prohibited THC levels, includes exceptions for interstate hemp transport, and is grounded in legal standards—not vague or arbitrary measures. As a result, enforcement of the THC ban can resume while the lawsuit continues.
This decision stands in contrast to Texas, where Governor Greg Abbott vetoed Senate Bill 3, which aimed to ban consumable THC products. Abbott cited legal precedent from Arkansas among his reasons, warning Texas lawmakers that a similar ban could face immediate court challenges. However, Texas lawmakers are preparing a special session this summer to explore new regulatory paths.
Supporters of the Arkansas ruling argue it supports public safety by limiting access to high‑THC hemp products, especially among minors. Critics caution that banning consumer choices may drive the market underground and hurt regulated businesses. The split rulings underscore a dynamic policy climate around hemp-derived THC and reflect how states are charting different courses.
As litigation moves forward in Arkansas and Texas prepares to revisit cannabis regulations, businesses, farmers, and policymakers will be watching closely. The outcome could shape national standards for hemp THC limits, testing protocols, and consumer access to alternative cannabinoids.
For more on topics like these, check this link out LATEST INDUSTRY NEWS
