THC— Defiance In Arkansas?

Understanding Arkansas's Hemp THC Law (Act 629): What It Means for HHC and Users

Arkansas’s new hemp THC law, Act 629 of 2023 (HB 533), has significantly reshaped the landscape for hemp-derived products like hexahydrocannabinol (HHC), Delta-8, Delta-9, Delta-10, and THCA. Enforced as of July 1, 2025, after being upheld by the Eighth Circuit Court of Appeals, this law bans most psychoactive hemp-derived products by classifying them as controlled substances. But what does this mean for users who rely on these products for therapeutic benefits? Are there gaps in the law or alternative options? Let’s dive into the details.

What Is Act 629 and How Does It Affect HHC?

Act 629, signed into law in 2023, targets hemp-derived products containing psychoactive cannabinoids, including HHC, by classifying them as Schedule VI controlled substances under Arkansas’s Controlled Substances Act. The law sets a strict limit of 1 mg of THC per container for hemp products and transfers oversight to the Arkansas Tobacco Control Board. This effectively bans the sale, manufacture, and possession of products like HHC, Delta-8, Delta-9, Delta-10, and THCA outside the state’s regulated medical marijuana program.

HHC, a hydrogenated derivative of THC, is specifically included in the ban due to its psychoactive properties. Regulators view it as a synthetically altered substance, even though it can be derived from hemp through processes like hydrogenation. The Eighth Circuit’s June 2025 ruling upheld the law, rejecting claims that it violated the 2018 Farm Bill, which legalized hemp products with less than 0.3% Delta-9 THC. As a result, Arkansas residents face significant restrictions on accessing these products legally.

Key Point: Act 629 doesn’t just target HHC—it bans all hemp-derived products with intoxicating effects, making Arkansas one of the strictest states for hemp regulation.

Potential Gaps and Oversights in Act 629

While Act 629 is comprehensive, it leaves some areas open to interpretation or future challenges, which could offer hope for users and businesses:

Ambiguity in “Synthetic” vs. “Natural” Cannabinoids: The law targets “synthetic substances,” but the line between naturally occurring hemp derivatives and synthetically produced ones is blurry. HHC, for example, can be derived from hemp, raising questions about whether it’s truly synthetic. This ambiguity could fuel future legal challenges.
Impact on Non-Psychoactive Products: The law’s focus on psychoactive cannabinoids may inadvertently limit access to non-intoxicating hemp derivatives like CBD or CBG, which don’t produce a high but are valued for therapeutic benefits. Businesses may struggle to meet the 1 mg THC limit, reducing options for consumers.
THCA in Medical Contexts: THCA, which is non-psychoactive until heated, is legal in Arkansas’s medical marijuana program but banned in hemp form. This inconsistency could lead to confusion or future clarification, especially for patients seeking affordable alternatives.
Interstate Commerce and Federal Preemption: The 2018 Farm Bill allows hemp products with less than 0.3% Delta-9 THC, potentially conflicting with Arkansas’s stricter rules. While the Eighth Circuit upheld Act 629, further litigation could explore whether it restricts interstate commerce or federal hemp protections.
Enforcement Challenges: The Tobacco Control Board may lack the resources to monitor all hemp products, especially online or small-scale sales. This could create enforcement gaps, though relying on these carries legal risks.

Hope for Users: Alternatives and Pathways Forward

Despite the restrictions, there are still options for Arkansans who benefit from HHC or other hemp-derived products. Here’s how users can navigate the new landscape:

1. Leverage the Medical Marijuana Program

Arkansas’s medical marijuana program, established in 2016, remains unaffected by Act 629 and offers a legal pathway for accessing psychoactive cannabinoids. Qualifying patients with conditions like cancer, glaucoma, severe arthritis, or intractable pain can purchase up to 2.5 ounces of cannabis every 14 days from licensed dispensaries. Products can contain up to 10% THC, far exceeding the hemp law’s 1 mg limit.

How to Access: Obtain a medical marijuana ID card through the Arkansas Department of Health with a doctor’s certification. Out-of-state patients with equivalent registry cards can also use Arkansas dispensaries. This is a viable option for those using HHC for conditions like chronic pain, anxiety, or seizures.

2. Explore THC-Free Hemp Alternatives

Businesses are pivoting to low-dose CBD or THC-free products like CBG and CBN, which may provide similar benefits (e.g., anti-inflammatory or anxiolytic effects) without violating Act 629. These products must comply with the 1 mg THC per container limit, making them legal for sale at licensed retailers or online.

Tip: Always verify that products are lab-tested and compliant with Arkansas’s THC limits to avoid legal issues.

3. Watch for Legal and Legislative Developments

Ongoing litigation, like lawsuits from companies such as Bio Gen, LLC, could challenge Act 629’s scope, particularly around vagueness or federal preemption. Additionally, the 2025 Farm Bill may clarify federal THC regulations, potentially influencing Arkansas’s approach. While HB 1722 (a 2025 proposal to regulate hemp products) failed, similar efforts could resurface, offering a regulated framework instead of a ban.

4. Out-of-State Options (with Caution)

Purchasing hemp-derived products in states with less restrictive laws is an option, but transporting them into Arkansas risks violating Act 629. The law’s exception for “continuous transportation” through the state doesn’t apply to personal possession. Online purchases must also comply with Arkansas’s THC limits.

Warning: Engaging in this approach carries legal risks, so proceed with caution and prioritize compliance.

5. Advocate for Change

Users who benefit from HHC or other hemp-derived products can advocate for policy changes by contacting lawmakers, joining industry coalitions, or supporting groups like the American Trade Association of Cannabis and Hemp. Educating healthcare providers about these products’ benefits may also increase access through the medical marijuana program.

Take Action: Share your story with legislators or join advocacy groups to push for balanced regulations that preserve access to safe, beneficial hemp products.

Key Considerations for Users

Health and Safety: Act 629 aims to protect public health, particularly minors, citing risks like hospitalizations from unregulated hemp products. Always choose lab-tested products from reputable sources, whether through dispensaries or compliant hemp retailers.
Economic Impact: The ban may increase costs for users who relied on affordable hemp products, pushing them toward pricier medical marijuana or illicit markets. Advocacy for regulated access could address this issue.
Risk of Illicit Markets: With legal hemp products restricted, some may turn to unregulated sources, increasing risks of unsafe products. Stick to the medical marijuana program or compliant alternatives for safety.

Conclusion

Arkansas’s Act 629 has closed the door on most hemp-derived psychoactive products like HHC, but it’s not the end of the road for users. The medical marijuana program offers a robust alternative for qualifying patients, while THC-free hemp products like CBD remain legal within strict limits. Potential gaps in the law and ongoing legal or legislative efforts provide hope for future changes. For now, users can explore regulated options, advocate for policy reform, and stay informed about developments like the 2025 Farm Bill.

For more information on Arkansas’s medical marijuana program, visit the Arkansas Department of Health. To learn about compliant hemp products or advocacy opportunities, check with local retailers or organizations like the American Trade Association of Cannabis and Hemp.

Search This Blog

DFWSAS