For those of you who regularly partake in cannabis products like Delta 8, Delta 10, and HHC, the first time you tried them, you likely asked, “How is this stuff legal?” In recent years, alternative cannabinoid products, such as Delta 8, exploded into the commercial space. A few years ago, you likely had to travel over several state lines to buy legal cannabis. Today, there’s a good chance your local gas station sells Delta 8 products. Over the past several years, the legality of Delta 8 products has become a hotly debated topic across the nation. Those debates still rage on today and are significantly more intense. One of these legal battlegrounds is in Arkansas, where the state’s judicial ruling on a Delta 8 law gives stoners a reason to celebrate.
On April 11th, 2023, Arkansas passed Act 629, which banned alternative cannabinoid products like Delta 8. On September 7th, 2023, a federal judge declared a preliminary injunction against the law, meaning Arkansas cannot enforce the law for at least another year. Although this is a reason for jubilation, it is likely the beginning of a long battle that could reach the Supreme Court. To understand the importance of the ruling, it is essential to comprehend alternative cannabinoid laws in the United States as well. However, these laws abound with loopholes and legal intricacies. Therefore, we need to start at the beginning.
The 2018 Farm Bill
In 2018, the United States federal government passed another iteration of the Farm Bill. The 2018 Farm Bill is a watershed moment in US cannabis history because it legalized hemp.
Although many use the terms hemp and cannabis interchangeably, there is a vital distinction between them: hemp contains minuscule amounts of THC, the compound in cannabis that causes a psychoactive “high.” The 2018 Farm Bill classified hemp as any cannabis that contains less than 0.3% THC by volume. This classification allowed people to create everyday hemp products like rope and clothing fibers. However, the 2018 Farm Bill made the compounds extracted from hemp de facto legal, and THC is far from the only extractable compound in hemp.
Cannabis and hemp are full of all-natural compounds called cannabinoids, the most well-known being THC. Furthermore, many of you are likely familiar with CBD as well. CBD, a non-psychoactive compound incorporated into various products, possesses many benefits of consuming cannabis but without the mind-bending high. CBD is by far the most abundant cannabinoid in hemp, and the recent explosion of CBD products is directly due to the 2018 Farm Bill. However, scientists know of over 100 cannabinoids in hemp and theorize there could be up to 200. Also, many of these cannabinoids are psychoactive, such as Delta 8.
A Quick Overview Of Delta 8
Delta 8’s scientific name is Delta-8-tetrahydrocannabinol. A natural cannabinoid compound in cannabis, Delta 8 is practically analogous to THC. The scientific name of THC is Delta-9-tetrahydrocannabinol, indicating the chemical structure is nearly identical to that of Delta 8. Therefore, many people use Delta 8 due to its similar, but not identical, high to THC.
Many describe the high from Delta 8 as nearly identical to that of THC, experiencing the delightful, euphoric high associated with cannabis. However, Delta 8 does have some unique effects. Many claim that Delta 8 makes them less paranoid than THC and gives them an energetic boost. Although most use Delta 8 as a legal substitute for THC and marijuana, some prefer it over traditional cannabis.
The Legality of Delta 8
The popularity of Delta 8 products links directly to their legal status. As a quick recap, since hemp is legal, therefore hemp extracts are legal. Although Delta 8 occurs in low quantities in hemp, it can cause a potent high if manufacturers extract enough. So, an industry of legal Delta 8 products has sprung up directly from the 2018 Farm Bill.
For many legislators, they feel like the 2018 Farm Bill put them between a rock and a hard place. Since the 2018 Farm Bill was a federal law, hemp instantly became legal across the United States. However, the bill was purposefully left open-ended, basically wanting states to decide on hemp legality individually. Due to the slow-moving nature of US politics and the population’s ravenous demand for cannabis products, Delta 8 products quickly became abundant before states had time to create legislation about them.
Now, across the country, state legislatures are attempting to outlaw Delta 8 and other alternative cannabinoid products, but the industry is already booming. Many people’s livelihoods are now tied to the legality of Delta 8, while states are seemingly looking to upend their lives with impunity. This exact situation is currently unfolding in Arkansas.
Arkansas Act 629 and Judicial Ruling
Arkansas Act 629 would reclassify all psychoactive alternative cannabinoid products as Schedule IV substances. This decision would essentially make these products illegal, crushing the Delta 8 industry. The loss of jobs would be monumental for the small-business owners making Delta 8 products and the revitalized brick-and-mortar stores that carry these products.
The Arkansas judicial ruling seeks to directly prevent this situation from happening. Although Delta 8 products in Arkansas are currently in limbo, at least manufacturers and stores have a year to prepare for the worst. However, the impact of the Arkansas judicial proceedings will have widespread effects across the nation.
Since this is a federal court, the decision on Act 629 will set a legal precedent. Therefore, other states can create laws outlawing Delta 8 and other alternative cannabinoids as long as they mimic the language in Act 629. Furthermore, Manufacturers and brick-and-mortar stores will not receive a year’s warning like in Arkansas. Laws like Arkansas Act 629 stick Delta 8 companies in a tough spot: either shut their doors before a potentially unfavorable ruling or expand to meet the growing demand for Delta 8 products and risk losing everything.
It’s a real possibility that this lawsuit will escalate to the Supreme Court due to the nationwide implications and legal ramifications. Ideally, the federal government would rewrite the Farm Bill’s next iteration and clarify the hemp section. Sadly, this outcome is doubtful, considering the preoccupations of the federal government. For now, Delta 8 products will still be on store shelves in Arkansas and the United States, but the Arkansas judicial ruling shows that the future is as murky as ever.