Is THCA legal in Arkansas?
Arkansas wrote its psychoactive-hemp ban in 2023, lost it to an injunction, and got it back from the 8th Circuit in June 2025. Here is what that means for THCA flower.
The short answer: No, not as hemp. Arkansas Act 629 of 2023 defines hemp by its total delta-9 THC concentration and adds psychoactive hemp derivatives to the state’s controlled-substance schedule, and the 8th Circuit put the law back in force on June 24, 2025; THC flower is lawful in Arkansas only for registered medical patients buying from licensed dispensaries. Status as of Oct. 3, 2026.
Arkansas by the numbers
| Question | Status as of Oct. 3, 2026 |
|---|---|
| Hemp-retail lane for THCA flower | Closed. Act 629 in force since the 8th Circuit ruling |
| Licensed cannabis lane | Medical only. Licensed dispensaries serve registered patients; no adult-use sales |
| Age | Medical card required; no adult-use age applies |
| Key law and date | Act 629 (SB 358), approved April 11, 2023; injunction vacated June 24, 2025 |
Two parts of Act 629 matter for flower
The definition. The act measures hemp by “total delta-9 tetrahydrocannabinol concentration” of no more than 0.3 percent on a dry-weight basis. “Total” is the word that matters. In standard lab practice it means delta-9 plus the THC that THCA becomes when heated, and that sum is what high-THCA flower fails.
The schedule. Act 629 also adds to Schedule VI products made from industrial hemp by a synthetic process that yields delta-8, delta-9 or delta-10 THC, and then, more broadly, “any other psychoactive substance derived therein.” That catch-all is how the state frames its ban on intoxicating hemp.
The statute does not use the word THCA. This desk reads the two provisions together as closing the hemp lane for high-THCA flower, which is the conservative reading. A shop that claims otherwise is betting on a narrower interpretation the state has not adopted.
The court fight
A federal district court enjoined Act 629 in 2023 in Bio Gen v. Sanders. On June 24, 2025, the 8th Circuit reversed, holding that the 2018 Farm Bill does not stop a state from banning psychoactive hemp products. The law has been enforceable since.
Federal law catches up to Act 629
Federal law follows Arkansas in two steps, dropping cannabinoids the plant cannot naturally produce from hemp on Nov. 12, 2026, then adding THCA to its total-THC count and dropping converted cannabinoids such as delta-8 on Dec. 11 (what the federal change does; H.R. 6500, Sec. 2019). Arkansas reached converted products in 2023, so the change is mostly symbolic here, and dispensaries keep operating under the medical amendment rather than the hemp definition.
Arkansas patients and everyone else
- Patients with an Arkansas medical marijuana card buy flower at licensed dispensaries.
- Non-patients have no lawful in-state source for THC flower as of Oct. 3, 2026.
- A COA showing low delta-9 does not answer the Arkansas question, because the state counts total delta-9.
Sources
- Arkansas Legislature, Act 629 of 2023, approved April 11, 2023
- KAIT8, Court reinstates psychoactive hemp product ban, June 24, 2025
Last reviewed Oct. 3, 2026, by the state desk.
Arkansas THCA questions
Is THCA flower legal in Arkansas?
Not in the hemp-retail lane. As of Oct. 3, 2026, Act 629 is in force after the 8th Circuit vacated the injunction against it on June 24, 2025. It defines hemp by total delta-9 THC and schedules psychoactive substances derived from hemp.
Can medical marijuana patients in Arkansas buy THC flower?
Yes. Registered patients buy cannabis flower from licensed dispensaries under the state's medical program. Arkansas has no adult-use market.
Did the 8th Circuit strike down Act 629?
No, the opposite. It reversed the lower court and reinstated the law, finding the Farm Bill preemption argument without merit.
Disclosure: THCA Group sells flower. State Pages are reported and edited apart from the market; this page is not an offer to sell or ship into Arkansas, and no Order Request is confirmed before an Operator has spoken with the buyer.
Not legal advice: read the statute, and ask a lawyer licensed in Arkansas. Every state · Shop