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Is CBD Oil Legal in Arkansas?

As with most things pertaining to law, answering the question: “Is CBD oil legal in Arkansas?” is a bit complicated when we look at the available data. However, despite this, cannabidiol (CBD) in all its preparations is indeed lawful in Arkansas, with two provisions.

Statewide, CBD businesses seem to jump up like mushrooms in horse dung. This is most probably also thanks to federal law, which has changed this year in favor of CBD. Read on for more about this. [1]

But first, let’s look at what state law says about Arkansas cannabis, marijuana, hemp, and CBD. We will also be focusing on the differences between hemp and marijuana and the ways CBD oil can benefit you.

Arkansas Cannabis Laws

In Arkansas, cannabis with high THC content is still considered illegal. A Medical Marijuana Commission has been established, and it can legally be prescribed and used for certain health conditions. Yet even though there is progress in the rollout of this program, obtaining marijuana for medical purposes still seems to be difficult. [2]

The case is different with industrial hemp, which is from the same cannabis family as marijuana. Arkansas House Bill 1778 was passed into law in 2017, and it is now called the “Arkansas Industrial Hemp Act 981.” The hemp industry in this state seems to be thriving, and it forms part of a government-endorsed cultivation program. [3]

But Really, Is CBD Oil Legal in Arkansas Even if It Is from Cannabis?

Yes, it is, because of the difference between marijuana and industrial hemp.

First of all—the law says that industrial hemp may legally be grown and processed in the state, as long as its cultivation is government-approved and licensed. In fact, in March of this year, the Industrial Hemp Research Program was approved. [4]

What is Industrial Hemp?

According to Arkansas regulations, ” Industrial hemp means all parts and varieties of the plant Cannabis sativa L ., and any part of such plant cultivated or possessed by a licensed grower, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis.”

So, simply put—industrial hemp is from the Cannabis sativa L. plant family that contains no more than 0.3% THC. (For the uninitiated, THC is the cannabinoid that makes you feel high and can cause psychotropic symptoms. Most often, marijuana is cultivated to have high quantities of this compound and is therefore illegal. The exception may be medical marijuana.)

What Do the Regulations Stipulate Regarding Hemp-Derived CBD?

Arkansas cannabis and CBD regulations are pretty clear. They state that publicly marketable hemp products are permissible, which includes CBD—as long as it is industrial hemp-derived or approved as a medicine by the FDA.

Publicly marketable hemp produc t means a hemp product that meets one or more of the following descriptions. (b) the product is CBD that was derived from industrial hemp, as defined in this regulation; or (c) the product is CBD that is approved as a prescription medication by the United States Food and Drug Administration.” [4]

What Does Federal Law Say?

In this, Arkansas is one of the few states that was slightly ahead of the federal law.

This year, the U.S. Drug Enforcement Administration (DEA) created a new drug code regarding marijuana and its definitions. In the department, there was still a lot of confusion about what was legal and what was not, so the DEA issued a clarification of the new code. The memo stipulates that CBD, if extracted from mature hemp stalks and sterilized hemp seeds, no longer falls under the federal definition of “marijuana.” Therefore, hemp-derived CBD is completely legal for any use. [5]

So what does this mean in practical terms? It means that in order to avoid prosecution, you need to make sure that you buy your CBD products from a law-compliant manufacturer. The CBD needs to be extracted from a legal source, and it must contain no more than 0.3% THC. This should be clearly stated on the product label.

Also, make sure that you buy a quality product in order to ensure good results.

Benefits of CBD Products

Cannabidiol’s benefits are well known, and its use is growing in popularity. Completely safe, anybody can experiment with taking it, as long as you don’t attempt to replace or complement prescription medicine without your doctor’s consent.

As mentioned, the secret is to take a good-quality product and start with a small dose. This you then increase over time.

CBD’s side effect profile is excellent, with symptoms likely to show only in very high doses. Usually, these are self-correcting and disappear over time.

You can safely take CBD oil to manage conditions such as:

  • Chronic and severe pain
  • Anxiety
  • Depression
  • PTSD
  • Insomnia
  • Diabetes risk
  • Substance abuse
  • Seizures and epilepsy
  • Chronic and severe inflammation
  • Muscle spasms
  • Glaucoma
  • Alzheimer’s disease
  • Parkinson’s disease
  • Acne

The list is not exhaustive.

Be sure to do research and inform yourself on the topic. Again, never take high-dose CBD with prescription medicine. This you should do only with your physician’s consent, as there is a possibility of drug interactions.

Even though the Arkansas Industrial Hemp Act was passed in 2017, some residents are still asking: "Is CBD oil legal in Arkansas?" Read more about this and cannabis in Arkansas.

Is CBD Legal in Arkansas? What You Need to Know

Posted on January 4th, 2021

Is CBD legal in Arkansas? The answer would be: “Yes.” Generally, hemp-derived CBD products are legal and easy to get in Arkansas. The state’s CBD laws and regulations adhere to federal rules specified in the 2018 Farm Bill. However, a couple of current legislation brought some crucial changes at the state level.

Much like federal laws, Arkansas distinguishes between marijuana plants and hemp plants, both being varieties of cannabis. It legally defines the former as plants that consist of more than 0.3% THC, while the latter is a plant that consists of less than 0.3% THC.

Arkansas passed legislation back in 2019 that deducts hemp-derived products from the state’s comprehensive list of controlled substances. This, together with earlier laws associated with CBD products, made Arkansas’s laws much more concise. It also effectively legalized CBD. For this reason, CBD and CBD products are currently accessible both online and in stores all over the state.

Is CBD Legal in Arkansas? CBD Laws

As mentioned, buying and using hemp-derived CBD products in this state is completely legal. The Arkansas Industrial Hemp Act became law in 2017. It created a research program to evaluate the agricultural and economic potential of hemp production in Arkansas.

Generally speaking, the state adheres to federal laws associated with cannabidiol – as specified in the 2018 Farm Bill. According to the bill, all 50 states may now grow, transport, and sell hemp-derived CBD. Based on federal law, the state classifies cannabis depending on the tetrahydrocannabinol (THC) content within the hemp plant. Typically, a cannabis plant with more than 0.3% THC content is the same as marijuana in the eyes of the law. Thus, those with less, the law legally defines as hemp.

As you might know, cannabis plants contain THC, which is its primary psychotropic compound. THC in high quantities will give you the ‘high’ you would experience if you ingested cannabis. In 2019, Arkansas introduced a new law. It ultimately removed hemp-derived CBD products from the state’s own list of illegal substances.

Together with earlier regulations, this legislation essentially made hemp CBD legal. Ultimately, this made the state very open to CBD production. As a result, cannabidiol products in Arkansas are readily available both in online shops and physical stores.

More About Arkansas CBD Laws

The Arkansas State Plant Board (ASPB) formed a few months following the 2018 Farm Bill’s passing. Under the Department of Agriculture, this group has been responsible for leading the state’s hemp program since 2018. As a general rule, the ASPB requires all hemp producers to have a license to grow, sell, and process raw hemp and its byproducts. Below are a few laws to consider:

Arkansas Medical Marijuana Amendment

The lawmakers introduced marijuana prohibition laws in Arkansas in 1923. It was during this year that states such as Washington, Oregon, and Nevada also banned cannabis. Later in 2016, Arkansas introduced a law that allowed marijuana’s medical use under state law. Thus, enabling cannabis use based on the medical marijuana program.

In most cases, people qualified to obtain marijuana treatment are patients with medical conditions, such as severe arthritis, ulcerative colitis, glaucoma, and cancer. They would need a written prescription from a qualified physician in the state before being able to use cannabis. In general, the legislation covers all CBD oil products obtained from marijuana plants.

House Bill 1778

This House Bill 1778 led to the formation of the Arkansas Industrial Hemp Act and the start of a research program. The law was written by David Hillman, a Representative, to encourage studies on the various economic advantages of industrial hemp production in Arkansas. In April 2017, the bill passed and became a law. Hillman essentially based the law on the hemp research program of the state of Kentucky.

House Bill 1518

In February 2019, a Representative called Justin Boyd introduced House Bill 1518, which saw approval a month later. The bill eliminated industrial hemp-derived CBD products from Arkansas’s long list of controlled substances. The law further isolated marijuana from hemp. Thus, making it legal for all hemp farmers to grow, cultivate, and sell hemp-obtained products.

What Are the Licensing Requirements?

Based on the Arkansas Department of Agriculture, interested industrial hemp processors and growers need to submit a few things:

  • A complete application form.
  • An industrial hemp license fee of $200 for every application approved.
  • A non-refundable $50 application fee.

Apart from the licensing fee, the department requests applicants to pay program fees before issuing licenses. When it comes to approved growers, they often send an invoice for their applied acreage charging $100 for each greenhouse and a $100 GPS verification fee for every location ID.

For approved processors, they send an invoice for their applied processor fee and a $100 GPS verification fee for every approved location ID. Therefore, each applicant requires going through the program requirements and the Arkansas Industrial Hemp Act before applying for a license.

The Testing Requirements

Primarily, the Arkansas Department of Agriculture is responsible for sampling and testing the industrial hemp of its license holders. As a general rule, hemp plants shouldn’t surpass the THC threshold of 0.3% outlined in the 2018 Farm Bill.

The department samples and inspects the license holder’s hemp plots meant for harvest. Each variety also undergoes testing to ensure they meet the 0.3% THC threshold.

Is CBD Legal in Arkansas? – How Do I Buy It?

You can buy CBD almost anywhere in Arkansas. Often, retailers do sell cannabidiol products even if they don’t have a license. Also, buyers don’t need a prescription. But, because of new state policies, relatively low-quality cannabidiol products are rampant. Unethical brands sell subpar CBD. What’s more, there might be brands that deliberately mislabel the quantity of THC or CBD in their products.

As a result, a lack of third-party testing might result in you purchasing CBD products not potent enough or with unchecked additives present. Therefore, you need to be careful who you are buying from.

Is CBD Legal in Arkansas? Where Do You Buy It?

In the state of Arkansas, there are, at the time of this writing, 30+ licensed dispensaries. Yet, not all of them are currently operating. If there is not a licensed dispensary nearby, you can get CBD in other places like vape stores and health shops. The most convenient way to buy CBD in Arkansas is via an online dispensary. Generally, users may compare different products from their homes’ comfort.

However, you can also buy CBD online in Arkansas, and it might be the best way to do so. See, when buying online, you can take your time and do a background check on the retailers. The best retailers openly share their test results and label info online. Said test results often confirm the potency, THC content, cannabinoid, and terpene profile. Also, customer reviews are a click away for you to check past users’ opinions on the product you are looking to buy.

How Do You Choose Which CBD Product to Purchase?

There is a wide variety of CBD hemp products available on the market today. CBD comes in topical, gummies, dab, vapes, tinctures, cosmetics, and many more presentations.

Which one is best for you? That depends on your particular goals. For example, oils are for those that want to feel CBD’s therapeutic effects rather fast. Here are some of the things to bear in mind when looking for top-quality CBD products:

  • The brand should provide a comprehensive description of the product on their website. If they don’t have one, that’s a bad sign.
  • Check the product’s THC level on the label or its Certificate of Analysis (COA).
  • Go through the product’s user reviews to see if anyone’s got something good to say about it.

If you’re in Arkansas, you don’t need a prescription to buy CBD products with less than 0.3% THC. Yet, can actually buy CBD products above the legal THC percentage level if you have a physician’s written prescription for it.

Is CBD Legal in Arkansas? The Takeaway

Arkansas is among the most lenient states when dealing with CBD. They have a pretty flexible hemp pilot program to motivate farmers to experiment on the up-and-coming crop. They also allow just about any person to sell CBD without going through a licensing process. Consumers often have a wide range of products to choose from.

Beware, the more lenient approach also opens the door for negligent brands to profit from unethical products. They might either use sub-par grown hemp or put misleading labels on it.

Therefore, if you want to save yourself the trouble and have the best shopping experience, buy CBD online. High-quality brands are always an open book for their customers to go over and make sure they are buying right. Also, online retailers have one thing you don’t want to miss: lower prices. Since they have not to pay storefront and have, likely, less staff, they got less overhead than a physical store, which they often reflect on their prices for you, the customer. Just remember, if the online supplier you are looking to buy from is dodgy with sharing their test results, look elsewhere.

Wondering if is CBD legal in Arkansas today? You are in luck, then, because Arkansas is very friendly towards CBD as long as you follow a couple of laws.