Is CBD Legal in Arkansas? State Hemp Rules in 2026
Arkansas allows only permitted, lab-tested "consumable hemp products" with tiny THC limits and bans intoxicating hemp. Rules as of November 2, 2026.
Last checked: Based on official sourcesNot legal advice.
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In short
As of November 2, 2026, CBD is legal in Arkansas only in a narrow form. State law allows "consumable hemp products" that are not marketed for a high. The main CBD category allows no more than 1 mg of total THC per container and more than 15 times as much CBD as THC. Cosmetics and products the FDA recognizes as generally recognized as safe (GRAS) are separate categories.[1]
Arkansas bans "intoxicating hemp products." That means any finished product with total THC above zero, unless it fits the consumable hemp definition. The list includes delta-8, delta-9, delta-10, THCA, HHC and THC-O. Making, marketing or selling one on purpose, recklessly or knowingly is a felony.[1]
Sellers need a state permit from Arkansas Tobacco Control. Buyers must be 21 or older. Act 934 of 2025 is in effect. Attorney General Tim Griffin certified it on April 22, 2026, after a federal court entered a final order for the state on March 31, 2026.[1, 2]
At a glance
| Topic | Status |
|---|---|
| Is CBD legal? | Yes, in a narrow form. State law allows "consumable hemp products" that are not marketed for intoxicating effect. One category is a product with no more than 1 mg of total THC per container and a CBD-to-THC ratio above 15:1 that is either a full-spectrum hemp extract or a product mainly made of CBD or another listed minor cannabinoid. Cosmetics and products the FDA has recognized as generally recognized as safe (GRAS) are also covered.[1] |
| Hemp definition and THC limit | Arkansas defines hemp as cannabis with a delta-9 THC concentration of 0.3% or less on a dry-weight basis. The state's definition of delta-9 THC adds THCA multiplied by 0.877, so THCA counts toward the limit. Finished consumable products face a much lower cap of 1 mg total THC per container in the main CBD category.[1] |
| CBD in food and drinks | The statute does not have a separate food-and-drink chapter. An edible or drink is covered only if it fits one of the three consumable hemp product categories. Consumable hemp products cannot contain ethanol, nicotine or tobacco, or an intoxicating hemp product. We did not check which specific foods meet the GRAS category.[1] |
| Intoxicating hemp products (delta-8, THCA flower and similar) | Banned. An intoxicating hemp product is a finished product with total THC above 0% when tested. The law names delta-8, delta-9, delta-10, THCA, HHC, THC-O and others. It is a felony to make, market or sell one on purpose, recklessly or knowingly. We did not find a hemp-flower exception in the statute.[1] |
| Minimum age | 21. The statute defines a minor as anyone under 21. Giving or selling a consumable hemp product to a minor is a Class A misdemeanor, with a lower fine for an employee or owner who sells inside a permitted store.[1] |
| Who can sell it | Makers, wholesalers and retailers need a permit from Arkansas Tobacco Control, and makers also register with the Department of Finance and Administration. The permit fee is $5,000 a year for each type. Free samples are banned on public streets or sidewalks within 500 feet of a playground, public school or similar place used mainly by minors, and to any minor. Self-service displays and vending machines are banned too. The statute is not consistent on online sales: the retailer definition mentions online sales, but another section bars permit holders from selling through an order executed solely over the internet or similar means. Products must be listed in a state directory that the board maintains.[1, 3] |
| Labels and lab testing | Labels must name the maker or distributor and show that the product is made from hemp, not marijuana. Every product must be tested by an approved, independent lab for cannabinoids, solvents, pesticides, microbes, heavy metals and non-hemp substances. The certificate of analysis must show that the sample's delta-9 THC (counting THCA) did not exceed 0.3%, and it must give a detailed list of the product's chemical makeup. Packaging cannot copy kid-friendly brands or use cartoon characters, and stores must post a notice about THC, pregnancy and minors. We did not find a child-resistant packaging rule in the statute.[1] |
| Medical and adult-use marijuana | Arkansas has a medical marijuana program under Amendment 98 (2016). The Arkansas Department of Health issues patient cards, and the Medical Marijuana Commission licenses dispensaries and cultivators.[4, 5] |
| November 12 and December 11, 2026 | Arkansas's hemp definition is written out in the statute, not taken from federal law. Only the cosmetic category uses a federal reference, to 7 U.S.C. § 1639o "as existing on January 1, 2025." That date is fixed, so the federal changes may not carry into that part of Arkansas law automatically. Arkansas bans products with any total THC unless they fit a consumable hemp category. But its 1 mg per container cap is higher than the 0.4 mg federal cap that is due, so the federal change may still matter for those products. This is our reading of the text, not legal advice.[1, 6, 7] |
How Arkansas defines hemp and THC
Arkansas defines hemp as the cannabis plant and its derivatives with a delta-9 THC concentration of 0.3% or less on a dry-weight basis. In the same law, "delta-9 THC" means delta-9 THC plus THCA multiplied by 0.877. So THCA counts when a product is measured.[1]
The law also defines "total THC." It includes delta-8, delta-9, delta-10, THCA and other chemically similar THC compounds, plus any cannabinoid that the Arkansas Tobacco Control Board identifies.[1]
What counts as a legal consumable hemp product
A "consumable hemp product" is a finished product with hemp-derived ingredients that is meant for people to use and is not marketed for intoxicating effect. It must fit one of three groups. The first is a cosmetic that meets the federally defined THC level. The second is a product the FDA recognizes as generally recognized as safe, used in the way that recognition allows. The third is a product with no more than 1 mg of total THC per container and a CBD-to-THC ratio above 15 to 1.[1]
The third group has two forms. One is a full-spectrum hemp extract made without removing any compound and without added isolated cannabinoids. The other is a product mainly made of, and sold as, CBD, CBC, CBN, CBG or another listed minor cannabinoid, including THCV.[1]
These products cannot be mixed with ethanol, nicotine or tobacco, or an intoxicating hemp product. They also cannot contain any amount of THC that creates a danger of misuse, overdose or inaccurate dosage.[1]
Intoxicating hemp products are banned
Arkansas treats any finished hemp product with total THC above 0% as an "intoxicating hemp product." The statute lists delta-8, delta-9, delta-10, delta-7, THCA, HHC and related forms, THC-O and other esters, ethers, synthetic THC and long-chain analogues such as THCP. A consumable hemp product and regulated medical marijuana are not part of the definition.[1]
Making, marketing or selling an intoxicating hemp product on purpose, recklessly or knowingly is a felony. Other violations of the hemp chapter are misdemeanors with fines up to $5,000, up to one year in county jail, or both. The Attorney General can also enforce the chapter as a deceptive trade practice.[1]
Permits, directory, labels and testing
Anyone who makes, processes, distributes or sells consumable hemp products needs a permit from Arkansas Tobacco Control. Permits cost $5,000 a year for makers, wholesalers and retailers, and they expire each June 30. They cannot go to a home address, a mobile structure or a vehicle, or to a person with a felony conviction.[1]
Each licensed maker must certify its products to the board each year. The statute sets December 1, 2025 for the first certification, but the Act took effect only when the Attorney General certified it on April 22, 2026. The board must post a public directory of certified manufacturers, brands, products and flavors. Ninety days after the directory is published, products not listed can be seized and cannot be sold at retail. A seller can face a civil penalty of up to $500 for each unlisted product. ATC's directory form lists April 22, 2026 as the publication date, but the page we saw was an empty template.[1, 2, 3]
Every product needs a certificate of analysis from an approved independent lab. It must show that the sample's delta-9 THC (counting THCA) did not exceed 0.3%. Labs test for the cannabinoid profile, solvents, pesticides, microbes, heavy metals and non-hemp substances. Labels must name the maker or distributor and show that the product comes from hemp and not marijuana. Stores must post a notice that the product contains THC, that pregnant or breastfeeding women should not use it, and that minors cannot buy it.[1]
Medical marijuana
Medical marijuana is a separate program under the Arkansas Medical Marijuana Amendment of 2016 (Amendment 98). The Arkansas Department of Health issues patient and caregiver cards. The Department of Finance and Administration's Medical Marijuana Commission licenses dispensaries and cultivation facilities.[4, 5]
How Arkansas law relates to the federal changes
The federal rules are changing. A 2025 federal law changes the hemp definition, and a later law delayed the key dates to November 12 and December 11, 2026 unless Congress acts again.[6, 7]
Arkansas's definition of the "federally defined tetrahydrocannabinol level" refers to 7 U.S.C. § 1639o "as existing on January 1, 2025." It is used only in the cosmetic category. Because the date is fixed, the later federal change may not alter that definition automatically. Arkansas's own hemp definition is written out in the statute. This is our reading of the statute and not legal advice.[1]
Arkansas's main CBD category allows up to 1 mg of total THC per container. The federal cap that is due is 0.4 mg, so the Arkansas cap is higher. In our reading, the federal change may still matter for those products. This is not legal advice.[1, 6, 7]
What changes next
Federal change for non-natural cannabinoids
The federal exclusion for cannabinoids that plants cannot make naturally is due on this date unless Congress delays it again. Arkansas already bans intoxicating hemp products.[6, 7]
Rest of the federal hemp change
The rest of the federal hemp definition change is due on this date unless Congress delays it again. Arkansas law refers to the federal hemp law as of January 1, 2025.[1]
Who regulates hemp and CBD
- Arkansas Tobacco Control (Department of Finance and Administration): Permits hemp makers, wholesalers and retailers; keeps the product directory; enforces the hemp chapter
- Arkansas Attorney General: Enforces the hemp chapter as a deceptive trade practice and defended the law in court
- Arkansas Department of Health, Medical Marijuana Program: Issues medical marijuana patient and caregiver cards
- Arkansas Medical Marijuana Commission: Licenses medical marijuana dispensaries and cultivation facilities
Timeline
Arkansas passes Act 629 of 2023
The Attorney General says the legislature passed a 2023 law banning intoxicating hemp-derived products. The certification names it as Act 629 of 2023. An industry group sued and was granted an injunction.[2, 8]
Governor signs Act 934 of 2025
Act 934 took effect only when the Attorney General certified that a final judgment had upheld Act 629 of 2023.[2]
Federal appeals court reverses the injunction
The Attorney General says the Eighth Circuit reversed the injunction in the summer of 2025, so the state could enforce the 2023 law. DFA then seized more than 6,000 products, according to the same release.[8]
Statutory date for first manufacturer certification
Ark. Code § 20-56-514 sets December 1, 2025 for the first certification by licensed makers. The Act was not yet in effect then, so it was not an operative deadline.[1, 2]
Federal court enters final order for the state
In Bio Gen LLC v. Sanders, a final order granted the state's motion for judgment on the pleadings and dismissed the plaintiffs' claims with prejudice.[2]
Attorney General certifies Act 934 of 2025
Attorney General Tim Griffin certified that Act 934 met its condition, so it is in effect. ATC's directory form lists April 22, 2026 as its publication date.[2, 3, 8]
Sources
Show 8 references
- Relevant Hemp Statutes: Consumable Hemp Products, A.C.A. § 20-56-501 et seq. (Department of Finance and Administration compilation)
- Certification of the Attorney General, Act 934 of 2025 (April 22, 2026)
- Consumable Hemp Product Directory (Arkansas Tobacco Control, form ATC-CH5 10-2025)
- Arkansas Medical Marijuana Program (Arkansas Department of Health)
- Medical Marijuana Commission (Department of Finance and Administration)
- Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
- Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
- Attorney General Griffin Certifies Act 934 of 2025, Expanding the Law on Intoxicating Hemp-Derived Products (news release, April 22, 2026)
Other states
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This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.