The Arkansas ban on hemp-derived THC products can move forward after a federal court this week reversed a lower court’s ruling, KATV reports.
Arkansas Gov. Sarah Huckabee Sanders signed the bill banning the products in 2023, but the effort was stayed when U.S. District Court Judge Billy Roy Wilson ruled the plaintiffs in a hemp industry lawsuit against the ban would face “a credible threat of criminal prosecution” for their involvement in the industry, “despite no change in federal law.” Judge Wilson blocked the ban and scheduled a bench trial, granting apparent relief to the hemp products industry in Arkansas.
But the United States Court of Appeals for the Eighth Circuit ruled on Tuesday that the ban, which targets intoxicating hemp-derived products, is allowed to proceed. The policy will prohibit the sale of hemp-derived THC products in Arkansas.
Attorney General Tim Griffin (R) announced the ruling as a “significant victory.”
“Today’s ruling isn’t just a win for Arkansas, it’s a win for common sense and the rule of law. If you are selling these products, you are now doing it in violation of the law.” — Griffin, in a statement
Meanwhile, in the neighboring state of Texas, lawmakers recently passed a similar ban on intoxicating hemp products. Texas Gov. Greg Abbott (R), however, vetoed the proposal, pointing to the 2023 federal court decision to override the Arkansas ban in his veto message.
