The Eighth Circuit Court of Appeals heard oral arguments on Tuesday regarding Arkansas’ law that bans certain psychoactive hemp products, which the state claims have caused illnesses in children.
In 2023, Arkansas implemented stricter regulations on Delta-8, Delta-9, and Delta-10 THC, substances that became federally legal under the 2018 Farm Bill, provided their THC concentration remains below 0.3%. This federal law encouraged an increase in hemp production across the country, leading entrepreneurs to create various products like gummies and vapes within the legal limits.
However, just before the state’s law took effect, several hemp producers filed a lawsuit against the state, arguing that the ban narrows the definition of hemp and violates several constitutional clauses, including the Fifth Amendment.
During the appeal, senior Assistant Solicitor General Asher Steinberg defended the state’s actions, asserting that the hemp industry has created public health risks and that federal law does not prevent states from enacting stricter regulations.
Steinberg contended that the state has the authority to define what constitutes hemp and to ban synthetic THC products, arguing that the law is not vague since it specifies which substances are prohibited. Meanwhile, attorney Abtin Mehdizadegan, representing the plaintiffs, argued that the state’s definitions of banned substances are unclear and create potential criminal liability for producers.
He emphasized the unique circumstances of his clients, particularly highlighting the irreparable harm a farmer could face if forced to dispose of hemp that cannot be marketed. The court stated it would issue a decision in due course.
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