Since June 25, 2024, Detectives with the Pine Bluff Police Department Vice & Narcotics Division have been actively investigating smoke shops across the city for illegally selling marijuana products under the false representation that they were legal hemp, specifically labeled as THC-A. During this investigation, many shop owners claimed they believed they complied with Arkansas law, referencing Arkansas State Statute § 5-64-215, which permits the sale of hemp-derived cannabidiol products containing no more than 0.3% Delta-9 tetrahydrocannabinol (THC) on a dry weight basis. However, lab results from the Arkansas State Crime Lab revealed that products seized from these establishments contained THC concentrations well above the legal threshold, some testing at 1% or greater, making them illegal under Arkansas law.

In response to these findings, Vice and Narcotics Detectives visited every known smoke shop in the city and seized all flower products labeled as THC-A. Shop owners were informed that the seized products would be submitted to the state crime lab for further drug analysis. Once the lab confirmed that the THC levels in these products exceeded the lawful limit, Detectives returned to the shops to issue cease-and-desist orders, instructing owners to immediately remove all illegal products from their shelves and cease further sales. While some businesses complied, others continued to sell the illegal items and now face criminal charges referred to the Jefferson County Prosecutor's Office.

The public should be aware that although THC-A itself is not psychoactive, when it is combusted or heated-as occurs when smoking or vaping-it converts to Delta-9 THC, which is psychoactive and classified as a Schedule VI controlled substance if it exceeds 0.3% on a dry weight basis. Arkansas law clearly states that any material containing more than this threshold, or any synthetically converted THC products (including Delta-8, Delta-10, and various acetate esters), are considered marijuana and cannot be legally sold without a medical marijuana license. This includes products falsely marketed as hemp but chemically altered to mimic the effects of marijuana.

The confusion surrounding THC-A products stems from a misinterpretation of federal hemp laws, particularly the 2018 Farm Bill. However, Arkansas has its own laws that more narrowly define what is legal. Senate legislation, championed by Senator Tyler Deave and clarified through recent legal reviews, confirms that these psychoactive hemp derivatives fall outside the scope of legal hemp products. The Arkansas Attorney General's Office and Department of Health have reinforced this interpretation, aligning with the language of Ark. Code Ann. § 5-64-215.

We urge all retailers to immediately remove THC-A flower products and any chemically altered cannabinoid products from their shelves if they exceed legal THC limits. Continuing to sell these substances places shop owners and employees at risk of prosecution. Consumers are also advised to be cautious. Just because a product is labeled as "THC-A" or "hemp" does not make it legal. If it gets you high, it likely violates Arkansas controlled substance laws.

For questions or to report suspected illegal activity, contact the Pine Bluff Police Department Vice & Narcotics Division 870- 543-5119. Our mission is to protect public safety and ensure all businesses comply with state law.