Is CBD oil legal In Arkansas?
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- What is CBD?
- Why is CBD sometimes illegal?
- Arkansas CBD laws
- Where to buy CBD in Arkansas
- How to read CBD labels and packaging
Yes. Hemp-derived cannabidiol (CBD) products are legal and relatively easy to find in Arkansas. While the state’s CBD laws generally follow federal rules outlined in the 2018 Farm Bill, recent legislation has introduced some important changes at the state level.
As with federal laws, Arkansas differentiates between cannabis, which is defined as plants that contain more than 0.3% THC, and popularly called marijuana — and hemp, — which is a plant that contains less than 0.3% THC.
In 2019, Arkansas passed new legislation that removes products derived from hemp plants from the state’s list of controlled substances. This, in combination with earlier rules related to CBD products, essentially legalized hemp-derived CBD and made Arkansas’s rules much more open. As a result, CBD and CBD products are now widely available both online and in stores throughout the state.
What is CBD?
Cannabidiol is the cannabis plant’s second-most-prevalent cannabinoid behind THC. Generally speaking, while both THC and CBD are psychoactive, THC produces marijuana’s intoxicating effects while CBD does not.
CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps
To date, researchers have identified a number of potential health benefits linked to CBD, including anti-inflammatory, analgesic, anti-anxiety, and anti-seizure properties. This cannabinoid has also shown promise in treating numerous medical conditions to mood disorders such as depression, anxiety, and psychosis, to chronic pain, cancer, and much more.
With research ongoing, there is a growing body of evidence pointing to CBD’s potential efficacy in medical applications and as a health supplement.
Why is CBD sometimes illegal?
Even though hemp strains don’t produce enough THC to cause intoxication, all types of cannabis, including hemp, were made illegal under the 1970 Federal Controlled Substances Act. The legislation swept all forms of cannabis into the Schedule 1 category, which is defined as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction.
The 2018 Farm Bill legalized industrial hemp cultivation hemp-derived products, creating a pathway to remove some cannabis from Schedule 1 status by differentiating between hemp and marijuana. Under this law, hemp is cannabis that contains less than 0.3% THC by weight, and marijuana is cannabis that contains more than 0.3% THC.
As a result, CBD products derived from hemp were thus descheduled by the bill, but CBD that is derived from the marijuana plant is still considered federally illegal because marijuana is categorized as a Schedule 1 substance. While hemp is now considered an agricultural commodity, it still must be produced and sold under the terms of the bill. The USDA has yet to place these regulations in effect.
The Farm Bill also granted the U.S. Food and Drug Administration (FDA) with the power to regulate CBD product labeling, therapeutic claims, as well as its use as a food additive or dietary supplement. The FDA has taken the stance that hemp-derived CBD may not be added to food and beverages, nor marketed as dietary supplements.
While the FDA has begun a process of reevaluating its stance on such CBD products, it has yet to revise its rules or specifically regulate CBD products, leading to further confusion. The FDA has been strict when it comes to health claims and content that could be construed as medical advice about CBD.
The federal legislation still highly regulates the production and sale of hemp and its cannabinoids, including CBD. The Farm Bill also provides that states may regulate and even prohibit CBD cultivation and commerce. In addition, states may attempt to regulate CBD food, beverage, dietary supplement, and cosmetic products, independently of the FDA finalizing its views on such products.
Arkansas CBD laws
As with federal law, the bulk of Arkansas’s CBD laws center around whether CBD is derived from industrial hemp, which contains less than 0.3% THC. Since 2018, the Arkansas State Plant Board (ASPB), which is part of the state’s Department of Agriculture, has been managing all activities related to hemp in the state. As such, it is a key player in establishing the state’s rules regarding CBD.
A document released by the ASPB on Aug. 31, 2018, aims to clarify many of the state’s most important rules for CBD. First, it makes the distinction between industrial hemp and cannabis, or what is popularly called marijuana. Aligning with federal law, Arkansas considers anything with 0.3% THC or more by weight to be illegal, while anything with less than 0.3% THC by weight is considered “industrial hemp” and therefore, products derived from these plants are considered legal.
To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps
Currently, anything categorized as cannabis (more than 0.3% THC) is illegal in Arkansas, including cannabis-derived CBD. The only exception to this is certain cases in which patients are participating in Arkansas’ medical marijuana program.
Clarifying the ways that hemp-derived CBD may be sold in the state, the ASPB allows for what it calls “publicly marketable hemp products,” which must meet at least one of the following criteria:
- The product does not include any living hemp plant materials and seeds, or more than 0.3% THC.
- The CBD product is derived from industrial hemp.
- The CBD product is approved as a prescription medication by the FDA. Currently, only Epidolex, an oral treatment for seizures, meets this particular description.
This provision allows for the legal sale, possession, and consumption of CBD in Arkansas — as long as both the hemp plant and resulting CBD product contains less than 0.3% THC. The ASPB also requires people who want to grow hemp plants or produce CBD products to be licensed by the state. As of June 2019, the state had approved 80 hemp farmers to grow hemp plants. These farmers operate across at least 42 counties and currently occupy nearly 2,000 acres, or 809 hectares, of cropland.
Most of the rules laid out in the ASPB’s 2018 document align with federal hemp and CBD laws. In March 2019, Republican Gov. Asa Hutchinson signed HB 1518, which removes all forms of hemp-derived CBD from the state’s list of controlled substances. Perhaps most importantly, this rescheduling included CBD products that are not approved by the FDA for marketing as a medication”
HB1518 makes the CBD market in Arkansas less restrictive than federal rules. As reported by Little Rock newspaper Arkansas Democrat Gazette, hemp-derived CBD is now being sold at a number of stores throughout the state, including “Arkansas smoke shops, convenience stores and health boutiques.” The state has not specified any clear limits on how much CBD a person is allowed to purchase, possess, or consume, and in general, hemp-derived CBD is largely unregulated in Arkansas.
Where to buy CBD in Arkansas
In Arkansas, you can buy CBD oil and other CBD products either online or in stores.
When it comes to online sales, CBD is most frequently found on brand-specific websites. You can find a large list of reliable CBD brands on Weedmaps.
On these sites, you should be able to verify crucial product details such as what form the CBD is in (e.g., oil, capsules, topicals, tinctures, etc.), how much CBD the product contains, and what other chemicals or ingredients are in the product. The best way to ensure that you’re receiving a high quality product is to look for brands that provide a certificate of analysis from a third-party testing lab. After making your purchase, expect shipping to take anywhere from 3-5 business days to as long as 2 weeks.
CBD and CBD products are also available in stores throughout Arkansas, including smoke shops, convenience stores, health food stores, and shops that specialize exclusively in CBD. When purchasing from a shop, especially if it’s a CBD specialist, you can typically receive help and expertise from a worker. Explain what you’re looking for and your reasons for consuming CBD and they can point you in the right direction.
How to read CBD labels and packaging
Most reputable CBD producers will typically include the following information on their CBD product labels:
- Amount of active CBD per serving
- Supplement Fact Panel, including other ingredients
- Net weight
- Manufacturer or distributor name
- Suggested use
- Full spectrum, broad-spectrum, or isolate
- Batch or date code
One of the most important things to pay attention to is whether a CBD product is full spectrum, broad spectrum, or isolate.”]
Full-spectrum means that the CBD has been extracted from a hemp plant along with all other chemicals in the plant, including terpenes and THC. Consuming full-spectrum CBD may yield better results due to the entourage effect, a phenomenon in which cannabis compounds work together to enhance therapeutic effects and experiences.
Broad spectrum means that the product contains CBD and terpenes, but has undergone additional processes to strip out any THC.
Finally, CBD isolate is a product that has gone through more intensive processing to remove everything except for pure CBD. Consuming isolate may produce different effects than full-spectrum or broad-spectrum CBD, as these products do not produce the entourage effect. However, CBD isolate may be preferable for someone looking to avoid even small amounts of THC.Is CBD oil legal In Arkansas? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Arkansas CBD laws Where to
Is CBD Oil Legal in Arkansas? What You Need to Know
Disclaimer: All of the information in this guide is based on our own research into the topic. We have done our best to use accurate and up-to-date information from respected and credible resources. However, we cannot claim to be a legal authority, and none of the following information should be taken as legal advice.
A Guide to CBD Oil in Arkansas
- The Arkansas State Plant Board is responsible for hemp-farming oversight.
- CBD is legal to purchase without a prescription provided it contains less than 0.3% THC.
- Any retailer can sell CBD, and you do not need a special license.
- There is no oversight for CBD retailers.
- Hemp sold in Arkansas must either be processed or come from out of state.
Is CBD Oil Legal in Arkansas?
In 2018, the federal government passed a bill that distinguished marijuana from industrial hemp, effectively removing hemp and its derivatives from the Drug Enforcement Agency’s controlled-substances list.
Curious consumers instantly embraced the use of CBD as an alternative support, and companies selling the substance started popping up everywhere.
People all over the country are extolling the virtues of CBD, and it is a multibillion-dollar industry that keeps expanding. The Food and Drug Administration seems to have been unprepared for the overwhelming popularity of CBD, however, because the agency is still grappling with how it will impose and enforce regulation.
The FDA has not approved CBD for use as a supplement, food additive or curative treatment, but its efforts at enforcement are aimed at only the most profound offenders due to lack of organization and funding. The agency is currently focused on penalizing companies that make unfounded medical claims, aim their marketing toward minors and use unsafe manufacturing processes.
Due to the FDA’s lack of guidance on the subject of CBD, states are pretty much left to figure out which regulations make the most sense for their citizens regarding the sale and possession of CBD, and how they will enforce the regulations once they are in place.
While states’ rights comprise one of the most important features of the U.S. Constitution, it makes for a murky mess when it comes to CBD laws.
Are There CBD Laws in Arkansas?
Arkansas is one of the most liberal states regarding CBD sale and possession; however, there is one technical caveat to the sale of CBD in Arkansas. Growers are not allowed to sell their hemp directly to stores or consumers. Some people enjoy smoking unprocessed flower, but due to a mix-up in language that will likely not be fixed until 2021, all unprocessed hemp must come from out of state.
CBD with a concentration of more than 0.3 percent THC is regulated by the board overseeing the state medical-marijuana program, but no one oversees or regulates the sale of processed hemp-derived CBD.
Retailers do not need a license, there are no inspections or reporting requirements and anyone 18 or older can purchase and possess it without a prescription.
CBD in Arkansas: Understanding Different Types of CBD Products
CBD oil is most often taken sublingually (held under the tongue). This is the most bioavailable method of absorption. Some people like to use CBD oil in their food and beverage recipes for a boost to their day.
Either way, Penguin’s CBD oil is the perfect choice because it comes in three concentrations and five delicious flavors—including natural—for all your dosing needs.
Our CBD oil is made with the best Oregon grown hemp. Comes in mint, citrus, natural, strawberry and cookies & cream flavors.
CBD capsules are just the thing for when you have a busy lifestyle and want a premeasured dose on the go.
Penguin CBD capsules provide 10mg of CBD suspended in MCT oil for maximum absorption. They are easy to throw into your travel bag, and can help you get through the most stressful days.
Convenient, discreet and travel-ready, our CBD capsules can be taken anywhere with ease. Each capsule contains 10mg of our broad-spectrum hemp extract suspended in MCT oil.
When you want a tasty snack with flavor that makes you smile, try CBD gummies. They are a discreet way of getting an afternoon or evening dose of CBD while satisfying your sweet tooth.
Customers rave about the sweet-and-sour flavor of Penguin CBD’s bright and colorful CBD gummy worms, which come in the ideal dose of 10mg. You can have just one or a handful, for a feel-good snack that will stick with you all day.
Made with the purest CBD isolate, our CBD gummy worms are a treat for your taste buds. Every container contains 30 individual worms, with each one packing 10mg of CBD.
A little CBD cream every day will help soften your skin by sealing in moisture. Smooth and rich, Penguin CBD’s cream is infused with lavender and peppermint aromas for a cooling sensation every time you use it.
Our CBD cream is a luxurious cream that’s silky smooth and cooling upon contact. Its terpene rich formula is designed to be absorbed quickly.
Industrial Hemp in Arkansas
Arkansas actually began investigating the farming and processing of hemp and hemp products before the 2018 Farm Bill ever passed. The state has been interested in growing hemp for other uses such as textiles and biofuels since 2014. Growers and processors need a license to participate in the pilot program, and they report to the Arkansas State Plant Board (ASPB).
Since the 2019 growing season, farmers have been growing hemp for use in CBD products. They follow guidelines set forth for ingestible hemp cultivation by the ASPB, and their crops are subject to regular inspection and testing. If there is any evidence of noncompliance, crops are at risk of being destroyed.
One of the issues with the state’s program is that some farms can fall through the cracks. Even though they are only allowed to sell their hemp to either state-certified or out-of-state processors, some farmers are blatantly disregarding regulations they do not agree with. Arkansas does not have the resources to enforce all regulations everywhere all the time, leaving a chasm in the state’s ability to control safety and quality.
In addition, some CBD companies cut corners and try to save money by purchasing hemp that is not safe for human consumption.
They may even purchase the hemp used in their CBD products from another country not subject to USDA oversight. Plants in those countries might be sprayed with harmful chemicals, planted in toxic soil and irrigated with polluted water.
Can I Purchase CBD Online in Arkansas?
Because CBD sales are largely unregulated in Arkansas, you can buy CBD just about anywhere. Retailers do not need a special license to sell CBD, and consumers do not need a prescription.
You can find CBD for sale anywhere from the corner store to the farm store, but you need to be careful about what you buy because of the complete lack of oversight.
Even though it is legal to make your purchases at physical stores in Arkansas, you may be better off making your purchases online.
Doing your research about a product in the store can be a challenge, but when you order from the comfort of your own home, you have quick access to all the information you need in order to confirm that the brand offers the quality you deserve.
CBD Oil in Arkansas
State policies in Arkansas leave CBD consumers vulnerable to disreputable brands or subpar products that could be ineffective or even dangerous. Some companies are purposely deceptive about their products, and others are just negligent. Packaging can be mislabeled in regard to the amount of CBD or THC in your products, or a lack of testing can lead to chemical residue or heavy metal finding its way into your product.
When researching the companies you are considering for your CBD, the most important element to look for is transparency. Find companies that make the lab results (sometimes called a certificate of analysis) readily available and accessible for each product they make.
Customer reviews are another way to know if your company is worthy of your trust. A company that proudly displays its customer reviews is one that is not afraid to share what others think of its products.
At Penguin CBD, we are honored that you trust us with your health and well-being, and we make your satisfaction our top priority.
According to Merry Jane, we are the “#1 CBD oil brand right now,” and our customers seem to agree. We work tirelessly to make sure you only get the best CBD products on the market, and we stay meticulous and transparent throughout the entire process so you never have to worry about the quality of your CBD.
We start with organic hemp from our partner farms in Oregon and process it with the cleanest extraction method available.
Our highly accurate CO2 extraction method uses no solvents or additives, and the low temperatures allow for ultimate control over the finished product. In the end, we have every single batch of our CBD tested by an independent third-party lab to confirm that you are only getting our best.
Final Thoughts About CBD in Arkansas
Arkansas is one of the most lenient states when it comes to CBD. They offer a liberal hemp pilot program to encourage farmers to try the up-and-coming crop, and they allow just about anyone to sell CBD without the need to go through a licensing process.
Consumers have access to a wide variety of products. CBD is easy to find just about anywhere you go, and you do not need a prescription as long as your CBD is hemp-derived.
The lack of regulation opens the door to creative innovation and discovery, leaving space for the citizens of Arkansas to find what works for them. Unfortunately, it also creates space for disreputable or negligent companies to come in and take advantage of consumer enthusiasm. They may use hemp that has not been conscientiously cultivated, and they may be deceptive about the way they package their products.
When you’re looking for CBD you can be confident about purchasing, check out Penguin CBD’s website to see why our company is the No. 1 pick for so many. We only use the highest-quality ingredients, and we proudly share the lab results from every batch of our premier CBD formulas.
Our products are always made to keep you satisfied every day, and we’ve got the reviews to back it up.Arkansas is one of the most liberal states regarding CBD sale and possession. Here's everything you need to know. ]]>