Federal judge hears arguments in obstacle to Arkansas hemp law

Matthew MartinNO RULING YET: A federal judge heard arguments yesterday in a lawsuit over a new statute banning hemp-derived THC.
A federal judge in Little Rock heard arguments yesterday over the legality of a new state law that bans hemp-derived THC but did not provide a judgment.

U.S. District Judge Billy Roy Wilson gave the state till Aug. 30 to send an affidavit from a professional witness after the plaintiffs provided their own expert witness in court Wednesday. The complainants, a collection of hemp-related companies, are asking Wilson to block a new state law that bans products containing hemp-derived THC, consisting of Delta-8 THC.

The offenders, represented by Attorney General Tim Griffin's office, include the state's prosecuting attorneys in addition to the guv, the chief law officer and some state companies.

Wednesday's hearing concerned a demand by the complainants for a short-term restraining order or initial injunction that would put the brand-new state law on hold while the case plays out in court. The law entered into impact Aug. 1.
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Previously this year, the state legislature passed Senate Bill 358, which Gov. Sarah Sanders signed into law as Act 629. The law prohibited hemp-derived THC items, which were legalized when Congress passed the federal Farm Bill in 2018.

The plaintiffs have argued in court filings that the law violates the supremacy and commerce provisions of the U.S. Constitution, which assert the basic supremacy of federal law to state law and the federal government's right to regulate commerce. The plaintiffs have actually also argued that the state law is too vague which it alters the definition of hemp, which they state the federal law prohibits..
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The state law specifies hemp as marijuana plants with a Delta-9 THC concentration "of no greater than 0.3% of the hemp-derived cannabidiol, likewise referred to as CBD, unless it is specifically controlled under the Controlled Substances Act.".

Abtin Mehdizadegan, a Little Rock attorney representing the complainants, told the Arkansas Times that his expert witness, chemist Mark Krause, affirmed that the state definition does not make good sense because THC and CBD are separate molecules. Mehdizadegan stated the state definition is like asking how many apples are in an orange or how many Ford pickup are in a Toyota..

Mehdizadegan said Scout Stubbs of Drippers Vape Shop, among the complainants, testified that Arkansas Tobacco Control representatives ordered her to remove CBD products from the shelf in her store in Hot Springs. Drippers likewise has shops in Greenbrier, Cabot, El Dorado and Benton. Afterward, Stubbs took the products off the shelves in all of her stores, Mehdizadegan said.

The state is being irregular in how it applies the law relating to CBD, Mehdizadegan stated. The state has also informed hemp growers, consisting of one plaintiff who testified Wednesday, that they can continue to farm hemp lawfully, he said, which is at odds with Tobacco Control's assertion that the law makes CBD unlawful.
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If the law is struck down, Act 629 consists of a trigger arrangement that would permit the state to control hemp-derived THC. Mehdizadegan stated the presence of the provision suggests the state expected the law would be struck down..

" I am proud of the defense my group has actually supplied, and we are confident for a good ruling," Griffin, the attorney general, said Thursday through a representative for his workplace.

Arkansas, like other states, has struggled with how to control hemp-derived THC products, which do not fall under the authority of the state Medical Marijuana Commission and are not offered in the state's 38 dispensaries..

The defendants have argued in court filings that states are enabled to manage hemp more strictly than federal guidelines and are even enabled to ban it. The filing also states that the law does not break the commerce provision, due to the fact that it does not prevent the "constant transportation" of hemp through the state..

In addition to Drippers Vape Shop, the plaintiffs in the case are Bio Gen, LLC of Fayetteville; The Cigarette Store LLC of Colorado operating as Smoker Friendly and Sky Marketing Corporation of Texas doing business as Hometown Hero. Drippers is a seller of hemp items, consisting of CBD along with hemp-derived psychoactive compounds Delta-8 and Delta-9 THC.