LITTLE ROCK [KATV] — Arkansas Attorney General Tim Griffin announced what he calls a "significant legal victory" after the United States Court of Appeals for the Eighth Circuit reversed a lower court's decision, allowing the enforcement of Act 629 of 2023.
This act bans certain psychoactive hemp products, including Delta 8 and Delta 9, which have been linked to adverse health effects, particularly in children.
"Today's ruling isn't just a win for Arkansas, it's a win for common sense and the rule of law," Griffin said. "If you are selling these products, you are now doing it in violation of the law."
The lawsuit, brought by Bio Gen LLC and others, challenged the act, arguing it violated the 2018 Farm Bill. However, the Eighth Circuit found no support for this claim within the bill's text or structure.
Griffin expressed gratitude to his team, including Senior Assistant Attorney General Jordan Broyles and Senior Assistant Solicitor General Asher Steinberg, for their efforts in the case.
He also acknowledged the support from Governor Sarah Huckabee Sanders, State Representative Jimmy Gazaway, and State Senator Tyler Dees, who were instrumental in passing the legislation.
Governor Sanders praised the court's decision, stating, "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."
Senator Dees emphasized the law's focus on protecting children, saying, "This law has always been about protecting our children and the rest of society from a growing problem related to Delta 8 and other THC products."
Representative 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."
You can see the full ruling below:
