Arkansas Attorney General Tim Griffin and state leaders are celebrating a major legal victory after the Eighth Circuit Court of Appeals reversed a lower court decision, allowing the state to enforce Act 629 of 2023, which bans intoxicating hemp-derived products such as Delta-8 and Delta-9 THC.
In a statement following the ruling, Attorney General Griffin called the decision “a win for common sense and the rule of law,” emphasizing that the sale of these products is now officially in violation of Arkansas law.
“Bio Gen LLC and others brought this lawsuit against Governor Sarah Huckabee Sanders, myself, Arkansas’s prosecuting attorneys, and many other state officials in an attempt to preserve an unchecked market in which dangerous drugs could be purchased by anyone, including children,” Griffin said.
The law, Act 629, prohibits the sale of hemp products containing intoxicating levels of THC, including synthetic forms like Delta-8 and Delta-9. These substances are often marketed in candy- or snack-like packaging, raising significant public health concerns, particularly regarding access by children.
The plaintiffs in the case had argued that Act 629 conflicted with the 2018 federal Farm Bill, which legalized hemp products with less than 0.3% delta-9 THC. However, the appeals court sided with the state, with Griffin noting the court’s finding that “there is no support for this argument in the text or structure of the 2018 Farm Bill.”
Griffin praised the work of his legal team and credited Senior Assistant Attorney General Jordan Broyles, Senior Assistant Solicitor General Asher Steinberg, and others for their efforts in defending the law. He also acknowledged Governor Sarah Huckabee Sanders, State Representative Jimmy Gazaway, and State Senator Tyler Dees for their legislative leadership.
Governor Sanders echoed Griffin’s sentiment in her own statement:
“Today’s win is a huge victory for the safety of every Arkansan – and especially our kids. Dangerous, unregulated synthetic marijuana products like Delta-8 have no place in our state, and today’s ruling allows our ban on them to go into effect.”
Senator Tyler Dees, who co-sponsored the legislation, said the law was aimed at addressing a growing threat to public health:
“We can no longer allow the profits of those who peddle these products to take priority over our kids’ protection.”
Representative Jimmy Gazaway added:
“These products are essentially recreational marijuana, and I am glad the court confirmed the state’s ability to ban them. Before our law, there was no regulation, no oversight, and no protections for consumers. Today’s ruling is a victory for Arkansans.”
With the injunction lifted, the Arkansas Attorney General’s office can now fully enforce Act 629, giving retailers a short window to remove banned products from their shelves.
For the full Eighth Circuit ruling, visit the official court website by clicking here.
