Is CBD Oil Legal in Arkansas?


Is CBD Oil Legal in Arkansas?

Yes. CBD oil and any other CBD product are legal in Arkansas, provided they are derived from hemp and contain no more than 0.3% THC, as federal law requires. The Arkansas Industrial Hemp Act passed in 2017 legalized hemp and expanded its growth and production within the state's borders. The Act created the Arkansas Hemp Program, targeted at research and hemp production. As a result, the production and sale of hemp-derived CBD oil and other hemp-derived CBD products are legal in Arkansas.

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What are Arkansas CBD Laws in 2024?

In 2017, the Arkansas Industrial Hemp Act legalized hemp production, hence hemp-derived CBD products. Under this Act, a person must obtain a license from the state authority to legally cultivate or produce hemp and its derivatives, including CBD products. Per the Arkansas Industrial Hemp Act, a CBD product is considered legal if it satisfies at least one of the following requirements:

  • Approved by the U.S. Food and Drug Administration (FDA)
  • Derived from industrial hemp as described by state legislation
  • Does not contain more than 0.3%THC
  • Does not include any living hemp seeds or plant materials

Arkansas residents can legally possess, sell, and consume hemp-derived CBD products that meet these criteria under the Arkansas Industrial Hemp Act. However, in 2019, the Arkansas Governor signed HB 1518 into law to further align with federal hemp and CBD laws. The bill delisted hemp-derived CBD from the state's list of controlled substances, including CBD products that the FDA has not yet endorsed, thereby making the Arkansas CBD market less restrictive. There are currently no ongoing changes or upcoming amendments to Arkansas CBD laws.

What are Arkansas CBD Possession Limits?

CBD possession limits in Arkansas. Hence, there is currently no possession limit for hemp-derived CBD oil and other CBD products derived from the hemp plant. However, possessing CBD products with more than 0.3% THC is illegal in Arkansas; the state classifies such products as marijuana products.

Since possessing cannabis outside the state's medical marijuana program is illegal, it is unlawful for anyone to carry any CBD product containing over 0.3%THC. In Arkansas, marijuana possession (less than 4 ounces) is a Class A misdemeanor for a first offense. It is punishable by a fine of up to $2,500 or up to one year in jail. The state considers subsequent marijuana possession offenses and over 4 ounces of cannabis felonies, punishable by a $15,000 fine and a maximum of 30 years incarceration.

Can Doctors Prescribe CBD Oil in Arkansas?

Doctors cannot prescribe CBD oil in Arkansas despite its touted medical benefits. Access to CBD oil or any other hemp-derived CBD products in the state does not require a doctor's prescription because anyone can walk into a retail shop to buy them. Just like medical marijuana patients only need physicians' recommendations for medical marijuana in Arkansas and not prescriptions, doctors may only recommend CBD, not prescribe. Hemp-derived CBD products are believed to help treat or manage illnesses or medical conditions like chronic pain, heart conditions, epilepsy, mental disorders, and cancer.

How Old Do You Have to Be to Buy CBD in Arkansas?

There is no minimum age requirement for buying CBD products in Arkansas. While Arkansas places no age restriction on obtaining CBD products, it is unlikely that a minor may obtain a CBD product in the state as most dispensaries will not sell to minors.

What are the Licensing Requirements for CBD in Arkansas?

Under the Arkansas Hemp Program, the Arkansas Department of Agriculture requires persons or entities intending to grow or process hemp for CBD and CBD products to obtain the state's requisite license. CBD licensing requirements in Arkansas include completing a licensing application form, paying a $50 application fee (non-refundable), and paying a $200 industrial hemp license fee for an approved application. The Arkansas Department of Agriculture also requires all hemp-CBD licenses to grow or produce CBD products not exceeding 0.3% THC in compliance with the federal 2018 Farm Bill. Retailers do not require a license to sell hemp-CBD products in Arkansas.

The Arkansas Department of Agriculture also requires CBD license applicants to fulfill specific program fees before issuing licenses. For instance, the Department will send an applied processor fee invoice to approved processors, while approved growers will receive an invoice for the applied plot fee. Hemp growers will pay $100 for every greenhouse they intend to operate and another $100 for GPS verification for every location ID. Processors must also pay a $100 fee for GPS verification for every location ID approved by the Arkansas Department of Agriculture.

Companies producing CBD products in Arkansas need to understand the labeling requirements for CBD products. These requirements include:

  • Warning statement by the U.S. Food and Drug Administration (FDA)
  • The Food, Drug, and Cosmetic Act (FDCA) label requirements, including:
    • Product identity statement
    • CBD product manufacturer's, packer's, or distributor's name and address, including street address
    • The list of ingredients used in production; must include hemp and CBD
    • Product net weight statement
    • Statement on cannabinoid concentration per package and/or serving to inform consumers on how much they are consuming
  • Visible website or scannable QR code (or bar code) linked to a document listing the following information:
  • Product name
  • Batch date
  • Batch ID number
  • Batch size
  • The quantity of product produced in the batch
  • Product expiration date
  • Product analysis certificate
  • Ingredients used in making the CBD product
  • A CBD label must not contain any medical or health claims stating the product could cure or treat a sickness or disease

Where to Buy CBD in Arkansas?

Hemp-derived CBD products, including CBD oil, are available in most retail stores, such as vape shops, wellness centers, grocery stores, and spas, in Arkansas. Consumers can also buy CBD products online in the state. However, before purchasing any CBD product online, review customer testimonials to ascertain the product's quality. Regardless of the type of CBD product (gummies, capsules, topicals, or vape) a person is buying in Arkansas, it is best to purchase those that meet the state's CBD product label requirements. Although no state law provides an age limit for buying CBD products in Arkansas, most retailers do not sell to minors.

What is CBD Oil?

Commonly known as CBD, cannabidiol is an active ingredient in the Cannabis Sativa plant - marijuana and hemp plants. After Delta-9-tetrahydrocannabinol (THC), the most prevalent active component of the cannabis and hemp plants, CBD is next. Generally, hemp contains a smaller THC amount than the marijuana plant. Although both CBD and THC have similar structures and can help manage or treat certain medical conditions or ailments, they differ in psychoactive effects. THC produces stronger psychoactive effects than CBD. In other words, THC has more potential to make a person experience a high, but CBD will not.

Scientific studies over the years have shown that CBD can potentially help treat or manage certain ailments or medical conditions. In Arkansas, CBD is believed to help with the following:

  • Reducing some mental health disorders-related symptoms
  • Chronic pain relief
  • Alleviating some cancer-related symptoms
  • Benefits for heart health, including its ability to lower a person's high blood pressure
  • Treatment of neurological disorders, such as epilepsy
  • Improving sleep in individuals with certain sleep disorders

The three types of CBD are:

  • Full spectrum CBD - This contains all the components of the cannabis plant, including up to 0.3% THC
  • Broad spectrum CBD - This contains most components of the cannabis plant with only trace amounts of THC
  • CBD Isolates - This is the purest CBD form. It only contains CBD with no THC or other cannabinoids

These CBD types are presented in various forms. The common ones in Arkansas include CBD oil, capsules, tinctures, edibles, topicals (lotions and creams), edibles, and vapes. The 2018 Farm Bill, also known as the Agricultural Improvement Act of 2018, delisted hemp from the scheduled 1 substance list. Consequently, it legalized the production and sale of hemp-derived products, including CBD, in the United States. Under the 2018 Farm Bill, however, only hemp-derived CBD products with not more than 0.3% THC is legal. Any CBD product containing more than 0.3% THC is considered marijuana and federally illegal. Similarly, any CBD product derived from the hemp plant with no more than 0.3% THC is legal in Arkansas.

What Does CBD Do?

There is sufficient evidence to suggest that CBD has neurological effects that are useful in the management of epilepsy and mental health. CBD is currently approved for the management of certain seizures and anecdotal evidence indicates it may be effective for treating depression and insomnia. Furthermore, CBD products are commonly used to manage chronic pain, lower blood pressure, fight inflammation, and boost appetite.

Does CBD Show Up on Arkansas Drug Test?

No. However, the THC found in most CBD products may show up on cannabis drug tests. Arkansas allows CBD products with up to 0.3% THC. While this is not a significant amount, there are CBD products labeled to contain less than this amount of THC even when they have significantly more THC. Even when only consuming products with less than 0.3% THC, it is possible to accumulate enough THC in the body to register on a drug test. Regular CBD users or those who take large doses just before their tests may fail such tests.

It is possible for CBD users to avoid failing cannabis drug tests. They can choose to only use CBD products with 0% THC as long as they buy such products from reputable manufacturers. Alternatively, they may choose to stop taking CBD products at least 2 weeks before scheduled drug tests.

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