The Arkansas Department of Agriculture administers the growth, handling, processing, and marketing of hemp, as authorized by the Arkansas Hemp Production Act and the 2018 Farm Bill.

HEMP MATERIAL IN ARKANSAS CAN ONLY BE IN THE POSSESSION OF A DEPARTMENT LICENSE HOLDER

State law and Hemp Program Rules require that industrial hemp materials (viable seed, live plants, leaf, and floral material, e.g., the plant and its parts) be possessed only by an authorized industrial hemp license holder. It is prohibited to sell, transport, or market raw hemp materials to the general public or unlicensed entities.

In-Program Hemp Materials: 
Must remain with the AR Hemp Program and be possessed by an authorized license holder. These materials include:

• Fiber: whole stalks, including leaf and seed materials, and bales of stalks
• Roots: including raw, wet roots
• Leaves or Floral Material: fresh, unprocessed, dried, and/or ground biomass
• Grain (food product): raw, unprocessed seed
• Seed (for replication): whole viable seed, clean or uncleaned
• Transplants: rooted plants, cuttings, seedlings, immature plants

Out-of-Program Hemp Materials:

Eligible for sale to the public, complying with hemp THC thresholds:

• Fiber: stripped stalks, decorticated fiber (base and/or hurd)
• Roots: dried and/or ground roots
• Leaves or Floral Material: cannabinoid extract products
• Grain (food product): crushed, ground, dehulled, seed cake/meal, roasted or toasted, proven nonviable, and seed oil

PUBLICLY MARKETABLE HEMP PRODUCTS
Licensed hemp growers can only sell compliant hemp crops to licensed growers or processors. Processors convert raw hemp materials into publicly marketable hemp products as defined by program rules and the law. All publicly marketable hemp products produced in the AR Hemp Program must comply with the established acceptable hemp THC level.

TRANSFER REQUIREMENTS
Transfer Requirements for In-Program Materials

To ensure compliance, address questions with Hemp Program Staff before selling or transferring hemp crop materials. Participants must comply with all applicable laws in the receiving and origin states.

 Receiving materials from outside Arkansas requires THC test results confirming the acceptable hemp THC level of less than or equal to 0.3% Total Delta-9-THC content, as well as copies of Hemp License Certificates, and bill of lading (transfer manifest) documentation.

For in-program transfers or sales, program participants must always have with the transporter and on-file:

1. Bill of Lading Documentation: Transporter must have transfer manifest documentation or similar documentation.
2. Copies of ALL Hemp License Certificates: Transporter must have all copies of hemp license certificates from both the seller and purchaser.
3. Valid Lab Analysis Sheets or Certificates of Analysis:  Transporter must have all applicable COAs detailing THC levels at the acceptable hemp THC level. COAs must be issued from a valid laboratory and associated with the materials being transported. COAs must be issued from a valid laboratory and associated with the materials being transported.

All hemp materials must be appropriately identified or labeled at all times during transit within or through the state of Arkansas, accompanied with all of the documentation mentioned above.

Transfer Requirements for Out-of-Program Materials & Publicly Marketable Hemp Products

If the product is a floral material extract, each final product batch must be tested for THC content. Results must confirm the batch contains no more than 0.3% Total THC. These test results must be retained by the licensee for at least three years and be available upon demand. This applies to both wholesale and retail products. Any material exceeding the acceptable hemp THC level is unlawful and not protected by the Department. Possession and distribution of such materials may lead to law enforcement action.

Licensees, retailers, or distributors must comply with all relevant laws and regulations. The Department is not responsible for ensuring product quality or compliance with other authorities such as the FDA or the Arkansas Department of Health. The Department’s Licensing Agreement does not offer legal protections from these bodies or provide regulatory waivers. Licensees must ensure that all transfers or sales of hemp comply with state and federal laws. The Department cannot regulate hemp materials once they exit the program. All hemp materials must be properly identified and labeled during transit.  

Private Laboratory Testing: Sample Transfers

Licensees transferring hemp materials to third-party testing labs for Phytocannabinoid analysis are restricted to individual samples not exceeding 1 lb (0.45 kg) per sample. Third-party labs are currently NOT permitted to conduct official compliance testing for licensed hemp growers in Arkansas, as this is accomplished by the Department. For more information, please review the program’s “Sampling, Testing, Remediation & Disposal Guidelines” document.

Samples must be sent directly to the third-party lab, properly labeled with licensing and plot information, including the hemp variety’s full name and location grown. Outside the hemp program, these materials are classified under 21 U.S.C. § 801 et seq. as a Schedule I Controlled Substance.

Sending floral materials to a third-party lab for testing is at the participant’s risk. Please ensure third-party labs that you deal business with are registered with the DEA and/or licensed with an authorized hemp program. The Department has no authority to regulate hemp materials once they exit Arkansas.

For all third-party lab transfers, licensees must be ready to produce required transportation records upon request by the Department or any law enforcement agency, including, bills of lading, a pre-harvest COA from the variety’s seed company, and copies of Hemp License Certificates.  

PROHIBITED ACTIVITIES AND PRODUCTS

• Growing or possessing live hemp or cannabis plants, leaf or floral material in or adjacent to any structure that is used for residential purposes.
• Transporting live hemp plants or in-program materials to unapproved locations such as trade shows, county fairs, educational events, or any other address not listed within a Licensing Agreement or within another authorized hemp program.
• Violating the restrictions outlined on this webpage and/or in Section 12, Restrictions on Sale and Transfer, of the Department Hemp Program Rules.
• Creating products for sale outside of the Program which would result in noncompliance with Department Hemp Program Rules, or federal or state law.

Noncompliance may lead to license revocation or other disciplinary measures and law enforcement notification.

If you are unclear about how your industrial hemp is classified in its current state, please contact the Department Hemp Program Staff at [email protected] or (501) 225-1598.