Arkansas THC — Reefer Madness In 2025

Does Arkansas’ New Hemp/THC Law Cover THCA, Sales, or Possession?

Does Arkansas’ New Hemp/THC Law Cover THCA, Sales, or Possession?

By Shane Shipman — Updated: August 11, 2025

Short answer: Yes — it covers both sale and possession of regulated hemp-derived intoxicating THC products, including unaltered hemp flower that contains THCA above the legal limit. Under Arkansas’ Act 629 (2023), certain hemp-derived cannabinoids — such as delta-8, delta-10, certain forms of delta-9, and THCA — are treated as controlled substances if they are intoxicating or exceed the total-THC limit. This means that even raw hemp with naturally high THCA can be unlawful to sell or possess in Arkansas if it doesn’t meet the state’s strict thresholds.

What the law does (high level)
  • Revises the state Uniform Controlled Substances Act to include specified hemp-derived intoxicating cannabinoids (Schedule VI), including THCA.
  • Counts THCA toward “total THC” because it converts to delta-9 THC when heated; the limit remains 0.3% total THC (dry weight) or, in some cases, 1 mg THC per container.
  • Targets products created by chemical conversion and natural products that exceed the total-THC cap, including certain smokable hemp flower.
  • Allows state authorities to enforce bans and penalties related to manufacture, sale, distribution, and possession of covered products.

Key points to know

1. The statutory text

The official Act language (Act 629, 2023) amends sections of Arkansas law to narrow the definition of legal hemp and list certain cannabinoids in the controlled substances schedule. THCA is treated as part of total THC for compliance purposes.

2. Possession is covered

Once a substance — including THCA over the allowed limit — is listed as a controlled substance, Arkansas law applies criminal prohibitions to possession, sale, and distribution. This means even if you bought THCA hemp legally elsewhere, possessing it in Arkansas could violate state law if it exceeds the threshold.

3. Enforcement & court status

Enforcement was temporarily blocked by a federal injunction, but the U.S. Court of Appeals for the Eighth Circuit lifted that injunction in 2025, allowing the state to resume enforcement. The Attorney General has confirmed this includes action against possession and sale of THCA flower or products that exceed the total-THC limit.

Official links & coverage

Disclaimer: This article is for informational purposes and not legal advice. Laws and enforcement practices can change quickly. If you have THCA hemp in Arkansas or plan to sell it, consult the statute and a qualified attorney before proceeding.

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