Follow-up: Why dispensaries can’t sell Delta-8

Follow-up: Why dispensaries can’t sell Delta-8



Yesterday, we reported on how states are struggling to regulate Delta-8 THC, the psychoactive compound found in hemp. 

Today, we checked in with Scott Hardin, spokesman for the state Medical Marijuana Commission, who explained the state’s mostly hands-off position on Delta-8.  

While Delta-8 is largely unregulated, there is one rule that keeps it out of the state’s 38 medical marijuana dispensaries. The prohibition stems from a commission rule about product additives. 

Via email, Hardin explained: 

It is due to Rule 14.2 (b) which states: “A cultivation facility, processor, or dispensary shall not treat or otherwise adulterate a cannabinoid product, concentrate, or extract with any non-cannabinoid additive that would increase its potency…”

Delta-8 is CBD (nonpsychoactive) treated to create a more potent compound. For that reason, it is not permitted, Hardin said.

Hardin further explained the position of the commission, the state Alcoholic Beverage Control Division and the Division of Tobacco Control.  

“Delta-8 is not an issue over which the Arkansas Medical Marijuana Commission has authority since it falls outside of the medical marijuana market,” Hardin said. “Additionally, the Arkansas Alcoholic Beverage Control Division (ABC) and the Division of Tobacco Control (ATC) have not taken a position at this time on the legality of possessing Delta-8 in a permitted premise (locations with an alcohol or tobacco permit).  The Divisions believe this is a matter better left to the discretion of local law enforcement and prosecutors.  ABC and ATC remain committed to enforcing the existing rules governing their respective permit holders across the state.”