LITTLE ROCK, Ark. — Act 629, which bans hemp products like Delta-8 in Arkansas, was enacted this month.
Several companies are now suing the state claiming the new law passed by the legislature is illegal.
Although the act's sponsor, Sen. Tyler Dees, said it was passed to protect children, the company's attorney said it's beyond the legislature's power.
"On July 31, he was just a farmer," said Abtin Mehdizadegan, the plaintiff's attorney. "On Aug. 1, this law made him a felon."
Mehdizadegan represents four companies suing the state of Arkansas for a new law banning hemp.
Mehdizadegan said this goes beyond smoke shops and their employees, but it also includes farmers who were making a living with the plant.
"I believe all of our clients support reasonable regulation of these substances," Mehdizadegan said. "This law doesn't do that."
The attorney said this law oversteps federal boundaries in two ways.
First, former President Donald Trump signed the Farm Bill in 2018, which set national standards for hemp and its production.
Second, it violates the protections of interstate commerce across state lines with the product.
"That trucker [and] that employee faces criminal sanction for products now deemed illegal despite what the federal law says," Mehdizadegan said.
Back in March, we spoke to Dees, who said the law aims to stop kids from getting ahold of products rooted with THC.
"It's because of an accessibility issue," Dees said. "You can walk into a regular gas station and purchase this product as if you're purchasing Skittles or any other candy."
We contacted Dees about the lawsuit, and he said it's nothing he didn't expect.
"I'm not surprised to see a lawsuit by those worried more about their profits than the protection of children and other consumers," Dees said.
Earlier this year, we spoke to Arkansas Poison Control. They told us they have seen an increase in kids exposed to THC products.
We also reached out to Attorney General Tim Griffin about the lawsuit, who said he supports the law and will vigorously defend it.
"I believe the entirety of the act needs to be enjoined and set aside, and I think the legislature needs to come back and come up with something workable that treats hemp for what it is as an agricultural commodity," said Mehdizadegan.
The lawsuit has been filed in federal court.
The next step is a response from Griffin, which is expected next week.