The federal court in Washington DC lifted on the 24th of June a preliminary restraining order which had prevented Arkansas for over two years from adopting a ban against certain hemp-derived compounds, including delta-8 THC.
Arkansas Gov. Sarah Huckabee Sanders signs Senate Bill 358Act 629) into law in April 2023, legislation to prohibit intoxicating hemp-derived cannabinoids by classifying a list of tetrahydrocannabinols as Schedule VI substances in the state. This list contained delta-8, delat-10 and delta-9 THC among others.
Sanders, the Arkansas General Assembly, and other lawmakers wanted to stop production and sales of intoxicating drugs derived industrial hemp that was compliant with federal law. This is defined by the 2018 Farm Bill. Senators and governors from Arkansas were particularly concerned with industrial hemp products produced by a synthetic chemical processing.
Act 629 will take effect on August 20, 2023. U.S. district judge Billy Roy Wilson The following is a list of the most popular and relevant keywords. A preliminary injunction was issued on its implementation after a four-business group that dealt with cannabis filed a suit five weeks ago, claiming the ban was against the U.S. Constitution’s clauses of Supremacy, Due Process, Takings and Commerce.
The plaintiff businesses include Bio Gen LLC, Drippers Vape Shop LLC, Cigarette Store LLC (d/b/a Smoker Friendly) and Sky Marketing Corp. (d/b/a Hometown Hero)—collectively, “Bio Gen.”
Wilson denied the motion for dismissal that Sanders, Arkansas Attorney General Tim Griffin, and other Arkansas officials had filed at Eastern District Court. The district court judge, in part, ruled that Bio Gen’s Supremacy Claim would probably succeed because of the likely preemption by the 2018 Farm Bill.
The U.S. Court of Appeals, Eighth Circuit, reversed this ruling last week and gave Arkansas officials a win.
The text of the Farm Bill of 2018 shows that Congress only wanted to make it easier for states to legalize hemp if they so choose. Congress allows states to legalize hemp by removing the biggest hurdle—federal criminalization,” Eighth Circuit Judge Jonathan Allen Kobes wrote in the June 24 ruling.
Kobes explained that under the 2018 Farm Bill Congress gave the U.S. Department of Agriculture the power to give states primary control over the hemp production program in their state.
The 2018 Farm Bill prohibits states from imposing restrictions on the interstate trade of hemp, by blocking the transport of materials compliant with federal regulations through their border. Eighth Circuit decided that Act 629 did not violate this.
“The [2018 Farm Bill] text does not support Bio Gen’s claim that Congress intended to ‘federally protect hemp’ and coercively mandate nationwide legality,” the judge Writer. The states may have primary regulation authority on hemp It is a good way to produce. And with that primary regulatory authority, states may ‘regulate the production of hemp’ in any manner ‘more stringent than [the 2018 Farm Bill].'”
The Eighth Circuit Court believes that states cannot be considered as a state just because they are not a member of the Eighth Circuit Court. You can learn more about it here The 2018 Farm Bill is not a requirement for hemp legalization. Nor does it require that hemp be defined by the federal government: as a hemp plant with delta-9 THC levels of 0.3% or less in a field pre-harvest test.
Sanders said: “This victory is huge for Arkansas, and it’s an important step to protecting future generations from synthetic marijuana’s dangers.” The following are some of the ways to get in touch with each other Social media reaction to the Tuesday court ruling
American Trade Association for Cannabis and Hemp filed a lawsuit against the American Trade Association for Cannabis and Hemp. Amicus brief In December 2023, a supporting statement was provided to Arkansas officials. Cannabis Business Times In support of the Eighth Circuit decision.
ATACH Vice-President of Policy Chris Lindsey stated that “we welcome today’s Eighth Circuit decision, which affirms states right to regulate hemp-derived intoxicating products. This ruling provides clarity for state legislators seeking to address this product in their own states.”
Eighth Circuit opinion has jurisdiction over seven states, including Arkansas, Iowa Minnesota Missouri Nebraska North Dakota South Dakota.
Greg Abbott, the Texas governor. Greg Abbott vetoed He pointed out that Arkansas, which is next door to Texas, had passed legislation on Sunday evening banning consumable hemp with traces of THC.
Abbott claimed that if he had signed Senate Bill 3 it would have been enforced for many years. This, despite the fact that there were concerns about public safety and health relating to hemp-based intoxicants.
Abbott wrote two days ahead of the Eighth Circuit decision that Arkansas had enacted Senate Bill 358, which would (like this law) have criminalized hemp-based products Congress has expressly authorized in the 2018 Farm Bill.
“[The 2018 Farm Bill] Hemp and hemp-based products were converted from illegal contraband into legal commodities. Abbott wrote that the Arkansas law had been challenged. A federal court quickly halted its entire operation, finding its criminal provisions to be unconstitutionally unclear and likely preempted under federal laws. “What happened in Arkansas?” The law in Arkansas has been dormant and meaningless for almost two years, while legal proceedings continue. “Texas must avoid this outcome.”
Texas Governor Vetoes Hemp Products Ban, Calls for Special Session on THC Regulation
S.B. Abbott did not sign S.B.
Texas Lieutenant Governor Dan Patrick was elected the next day. Dan Patrick spearheaded S.B. As the Senate presiding officer, Dan Patrick spearheaded S.B.
Patrick told a group of people during a meeting on June 23, “That headline is for you, because it’s exactly what this proclamation says.” Press conference. “Whether it was unintentional, and he hadn’t thought it through, or intentional, the veto is the outcome.”
Patrick claimed someone had told him “I should watch my step” when he asked whether hemp businesses in the state are involved in terrorist or cartel-related money laundering. Lieutenant Governor also asked: “Who convinced [Abbott] “Can you kill Senate Bill 3 by attacking his staff?
Patrick also confirmed that the Governor had indicated that he will sign S.B. He said that the veto was a surprise to him, given the wide support the bill received from lawmakers and police officials.
Patrick pointed out that 105 Republicans of the total 108 in the Texas Legislature supported S.B. Abbott was urged to respect the near-unanimous support for S.B.
He said: “The Governor and I will continue to work together, we may disagree at times, but it was not necessary to fight.”
Patrick challenged Abbott’s claim that S.B. “Valid constitutional challenges” would apply to S.B. Abbott’s background as an ex-Texas Supreme Court justice and former state attorney general helped him reach this conclusion.
Patrick, despite Abbott’s background in law, said that the argument of the governor was “flawed.”
Patrick predicted that “we believe the Eighth Circuit Court will support Arkansas” and his prediction was confirmed the following day. If that occurs while we are going through the charade, what will be said by the governor? ‘Oh, I guess I was wrong about Arkansas?'”
Patrick said that it shouldn’t matter if a similar legal battle takes place in the U.S. Fifth Circuit Court of Appeals which has jurisdiction over Texas.
Since when do we even care if someone sues us after we pass a law? The lieutenant-governor asked. It shouldn’t surprise anyone that we deal with legal cases all the while.
Patrick Postings X sent a “I-told you-so” message, indicating he will fight to keep S.B. The prohibition language of S.B.
As I stated yesterday in my press conference it seemed to me and my legal team that Arkansas would prevail and ban THC,” wrote he. It won’t take long for 8,000 vape and smoke shops in Texas to go out of business. It’s as simple as passing S.B. “All we have to do is pass S.B.