Hemp companies sue to overturn Arkansas ban on delta THC products

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A group of hemp companies are suing the state of Arkansas in a bid to overturn a recently enacted ban on intoxicating hemp-derived cannabinoids such as delta-8 THC, delta-9 THC and delta-10 THC.

The lawsuit was directed at Act 629, which bans the sale of products derived from hemp that are potentially intoxicating.

Gov. Sarah Huckabee Sanders signed Act 629 into law earlier this year.

Widespread concern over minors’ easy access to hemp-derived products – readily available since the 2018 Farm Bill became law – prompted Arkansas to follow the lead of other states to ban them.

On Monday, the day before Act 629 went into effect, four hemp companies from three markets sued Sanders and other state officials, alleging the ban violates the U.S. Constitution’s commerce and supremacy clauses as well as the 2018 Farm Bill, the Arkansas Democrat-Gazette reported.

The plaintiffs are:

  • Bio Gen of Fayetteville, Arkansas.
  • Drippers Vape & Hemp Relief of Greenbrier, Arkansas.
  • Hometown Hero CBD (aka Sky Marketing Corp.) of Austin, Texas.
  • Smoker Friendly (aka The Cigarette Store) of Boulder, Colorado.

Cynthia Cabrera, Hometown Hero’s chief strategy officer, told MJBizDaily in a phone interview Wednesday that the companies filed the suit “for the same reason why they should be sold in every state: They’re federally legal products.”

“Manufacturers and retailers have put their entire life savings into an effort to building businesses centered around a federally legal product,” Cabrera added.

“So, taking it off the table or outright banning it isn’t quite right.”

Arkansas marijuana businesses have sold legal medical cannabis products since May 2019.