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Is CBD oil legal In Arkansas?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Arkansas CBD laws
  4. Where to buy CBD in Arkansas
  5. 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

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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

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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.

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Malicious cyber activity threatens the public’s safety and our national and economic security. The FBI’s cyber strategy is to impose risk and consequences on cyber adversaries. Our goal is to change the behavior of criminals and nation-states who believe they can compromise U.S. networks, steal financial and intellectual property, and put critical infrastructure at risk without facing risk themselves. To do this, we use our unique mix of authorities, capabilities, and partnerships to impose consequences against our cyber adversaries.

The FBI is the lead federal agency for investigating cyber attacks and intrusions. We collect and share intelligence and engage with victims while working to unmask those committing malicious cyber activities, wherever they are.

Learn more about what you can do to protect yourself from cyber criminals, how you can report cyber crime, and the Bureau’s efforts in combating the evolving cyber threat.

What You Should Know

Protect Yourself

  • Taking the right security measures and being alert and aware when connected are key ways to prevent cyber intrusions and online crimes. Learn how to protect your computer, network, and personal information.

Understand Common Crimes and Risks Online

  • Business e-mail compromise (BEC) scams exploit the fact that so many of us rely on e-mail to conduct business—both personal and professional—and it’s one of the most financially damaging online crimes.
  • Identity theft happens when someone steals your personal information, like your Social Security number, and uses it to commit theft or fraud.
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  • Online predators are a growing threat to young people.
  • More common crimes and scams

Respond and Report

File a Report with the Internet Crime Complaint Center

If you are the victim of online or internet-enabled crime, file a report with the Internet Crime Complaint Center (IC3) as soon as possible. Crime reports are used for investigative and intelligence purposes. Rapid reporting can also help support the recovery of lost funds. Visit ic3.gov for more information, including tips and information about current crime trends.

Contact Your FBI Field Office

If you or your organization is the victim of a network intrusion, data breach, or ransomware attack, contact your nearest FBI field office or report it at tips.fbi.gov.

Combating the Evolving Cyber Threat

Our adversaries look to exploit gaps in our intelligence and information security networks. The FBI is committed to working with our federal counterparts, our foreign partners, and the private sector to close those gaps.

These partnerships allow us to defend networks, attribute malicious activity, sanction bad behavior, and take the fight to our adversaries overseas. The FBI fosters this team approach through unique hubs where government, industry, and academia form long-term trusted relationships to combine efforts against cyber threats.

Within government, that hub is the National Cyber Investigative Joint Task Force (NCIJTF). The FBI leads this task force of more than 30 co-located agencies from the Intelligence Community and law enforcement. The NCIJTF is organized around mission centers based on key cyber threat areas and led by senior executives from partner agencies. Through these mission centers, operations and intelligence are integrated for maximum impact against U.S. adversaries.

Only together can we achieve safety, security, and confidence in a digitally connected world.

How We Work

Whether through developing innovative investigative techniques, using cutting-edge analytic tools, or forging new partnerships in our communities, the FBI continues to adapt to meet the challenges posed by the evolving cyber threat.

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The FBI Cyber Strategy

The FBI’s cyber strategy is to impose risk and consequences on cyber adversaries through our unique authorities, our world-class capabilities, and our enduring partnerships. Learn more (pdf)

Partnerships

National Defense Cyber Alliance (NDCA)

The NDCA brings together experts from the U.S. government and cleared defense contractors to share threat intelligence in real time, with the goal of improving the network security of NDCA member organizations and gaining a greater understanding of the cyber threat landscape.

National Cyber Forensics & Training Alliance (NCFTA)

Because of the global reach of cyber crime, no single organization, agency, or country can defend against it. Vital partnerships like the NCFTA have become an international model for bringing together law enforcement, private industry, and academia to build and share resources, strategic information, and threat intelligence to identify and stop emerging cyber threats and mitigate existing ones.

The FBI is the lead federal agency for investigating cyber attacks by criminals, overseas adversaries, and terrorists. The threat is incredibly serious—and growing.