Is THCA legal in Arkansas? Arkansas hemp laws, Act 629 and Act 934

The law in Arkansas

Arkansas has two hemp laws on top of each other. Act 629 of 2023 added delta-10 THC, THC acetate esters and hemp converted by a synthetic chemical process into delta-8, delta-9 or delta-10 THC to Schedule VI of the state's controlled substances. Act 934 of 2025 went further and rewrote the rules for consumable hemp in Title 20, Chapter 56 of the Arkansas Code.

Act 934 was written to take effect only after a final court judgment upheld Act 629. The Attorney General signed the notice of that judgment on April 22, 2026, so both laws are now in force.

1. April 11, 2023Act 629 is approved, adding converted and synthetic hemp THC to Schedule VI.
2. September 7, 2023A federal court blocks enforcement of Act 629.
3. April 21, 2025Act 934 is approved, to take effect once a final judgment upholds Act 629.
4. June 24, 2025The Eighth Circuit vacates the injunction in Bio Gen LLC v. Sanders.
5. April 22, 2026The Attorney General signs the notice of final judgment, putting Act 934 in force.
6. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

The court case

Hemp businesses sued in 2023, and on September 7, 2023 a federal district court blocked enforcement of Act 629. On June 24, 2025 the Eighth Circuit Court of Appeals vacated that injunction in Bio Gen LLC v. Sanders. It held that the 2018 Farm Bill does not preempt Arkansas's law, and sent the case back. The state then won judgment in the district court.

The Attorney General's office said in April 2026 that the Department of Finance and Administration had seized more than 6,000 hemp products in the three months after the ruling.

What Act 934 bans and allows

Act 934 defines an intoxicating hemp product as any finished product for human consumption whose total THC is above 0 percent in its finished form. Total THC counts delta-8, delta-9 and delta-10 THC and THCA. Making, marketing or selling one is a felony, and intoxicating hemp products are added to Schedule VI.

A consumable hemp product may still be sold if it is one of these:

• a cosmetic within the federal THC level;
• a product generally recognized as safe;
• a product with no more than 1 mg of total THC per container and a CBD to THC ratio greater than 15 to 1, not marketed for an intoxicating effect.

None may contain alcohol, nicotine or an intoxicating hemp product, and packaging may not imitate foods or drinks that appeal to minors.

Permits, age and online orders

Anyone who makes, processes, distributes or sells consumable hemp in Arkansas needs a permit from the Arkansas Tobacco Control Board, at $5,000 a year for each wholesaler, retailer and manufacturer permit. Selling to anyone under 21 is a Class A misdemeanor.

A permit holder may not sell through a self-service display, a vending machine or an order made solely over the internet. A person without a permit who sells or delivers consumable hemp to consumers in Arkansas commits a Class A misdemeanor. That is why this page lists products with no hemp.

Kratom, amanita and spores

Mitragynine and 7-hydroxymitragynine are on Arkansas's controlled substances list. SB 534 of 2025 would have removed them and regulated kratom instead; it passed the Senate on April 7, 2025 and died in the House. We found no Arkansas statute or rule on kava, on amanita muscaria, or on mushroom spores by name.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Arkansas's own limit for a legal consumable hemp product is 1 mg per container, and its definition of hemp takes the lesser of 0.3 percent delta-9 THC or the federal definition as it stood on January 1, 2025. Read the federal page and What's changing on December 11.