A new state law banning “copycat” marijuana products derived from hemp is set to go into effect this week.
Act 629, passed by lawmakers earlier this year, bans the sale of all products derived from hemp which mirror the psychoactive effects of cannabis.
Luke Niforatos, executive vice president with the group Smart Approaches to Marijuana, says lawmakers made the right decision in banning the chemicals.
“There’s very little regulation, if any, going on with these products. We don’t know what’s in them… some of the research has shown [products] to have heavy metals, pesticides,” Niforatos said. “So it’s completely the wild west as far as that goes.”
One product which will be subject to the ban, delta-8 THC, is commonly sold at convenience stores and vape shops across the state. Misty Johnson, co-owner of Vapor Planet in Sherwood, says delta-8 currently amounts for between 30% to 35% of her store’s overall sales.
“Customers are already upset, some of them are struggling, and they’re trying to figure out what they’re going to do to be able to help themselves because they still can’t afford to go to a [cannabis] dispensary,” she said. “Financially, it will hit us. We’ll be losing a good amount of money from that.”
Delta-8 is an isomer of THC, the psychoactive component found in cannabis. The 2018 Farm Bill legalized hemp production nationwide, which also had the unintended effect of making chemicals derived from hemp like delta-8 legal as well.
During Act 629’s path through the legislature earlier this year, several members of the public called on lawmakers to implement regulation of delta-8 and other chemicals. Niforatos says there’s still not enough research on delta-8 and similar chemicals to do anything short of enacting an outright ban.
“We’re talking about drugs that are being invented practically overnight that we have no research on that we don’t understand, so there’s no evidence-based way to regulate these drugs,” Niforatos said.
Critics of delta-8 and similar substances have complained of a lack of regulation, in some cases allowing for underage sales and varying quality of the products. Johnson says she’s made an effort to ensure the safety of her products, and ensured they don’t fall into the hands of minors.
“People that have their medical [marijuana] card, they will still come here to get delta-8 because it may not be as helpful, but it’s a lot more affordable than the dispensaries. And there’s a lot of people that can’t afford those dispensary prices.”
The ban goes into effect in Arkansas on Tuesday.
