{"id":81862,"date":"2025-06-25T07:10:07","date_gmt":"2025-06-25T15:10:07","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2025\/06\/25\/federal-court-upholds-arkansas-hemp-restrictions-contradicting-texas-governors-stance-in-vetoing-proposed-ban-in-his-state\/"},"modified":"2025-06-25T19:47:38","modified_gmt":"2025-06-26T03:47:38","slug":"federal-court-upholds-arkansas-hemp-restrictions-contradicting-texas-governors-stance-in-vetoing-proposed-ban-in-his-state","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2025\/06\/25\/federal-court-upholds-arkansas-hemp-restrictions-contradicting-texas-governors-stance-in-vetoing-proposed-ban-in-his-state\/","title":{"rendered":"Federal Court Upholds Arkansas Hemp Restrictions, Contradicting Texas Governor\u2019s Stance In Vetoing Proposed Ban In His State"},"content":{"rendered":"<\/p>\n

\u201cJust because states may legalize hemp under the 2018 Farm Bill does not mean they must.\u201d<\/em><\/p>\n

By Bethany Blankley, The Center Square<\/strong><\/p>\n

Several of the reasons Texas Gov. Greg Abbott (R) made for vetoing a statewide THC ban, SB 3, were rejected Tuesday by the Eighth Circuit Court of Appeals.<\/p>\n

The Texas legislature overwhelmingly passed SB 3 with bipartisan support during the regular legislative session. Late Sunday night, Abbott vetoed it.<\/p>\n

In his proclamation explaining the veto, he said SB 3 was \u201cwell-intentioned. But it would never go into effect because of valid constitutional challenges.\u201d If it were enacted, \u201cits enforcement would be enjoined for years, leaving existing abuses unaddressed,\u201d he said, adding that \u201cTexas cannot afford to wait.\u201d<\/p>\n

He pointed to Arkansas enacting a THC ban in 2023, Act 629, which was challenged in court. A lower court halted it from going into effect, arguing it would \u201clikely [be] preempted by federal statutes and that its criminal provisions were likely unconstitutionally vague,\u201d Abbott said. \u201cThe result in Arkansas? Their law has sat dormant, meaningless, having no effect for nearly two years while further legal proceedings play out. That result must be avoided in Texas,\u201d Abbott said.<\/p>\n

Instead, he proposed regulating THC similar to how alcohol is regulated.<\/p>\n

On Monday, Patrick challenged each of Abbott\u2019s arguments, saying they were flawed and factually inaccurate. Federal law expressly permits states to impose their own restrictions, including banning THC, Patrick said. He also said the Fourth and Seventh circuits have ruled as much and California and Colorado banned THC with no problems, The Center Square reported.<\/p>\n

He said he believed the 8th Circuit would rule in favor of Arkansas.<\/p>\n

One day later, it did.<\/p>\n

On Tuesday, a panel of judges on the Eighth Circuit, including the chief judge, reversed the lower court\u2019s injunction.<\/p>\n

The judges also confirmed Patrick\u2019s argument, stating in their 16-page ruling that nothing in the 2018 Farm Bill \u201cpreempts or limits any law of a State or Indian tribe that\u2026regulates production of hemp and is more stringent than this subchapter.\u201d<\/p>\n

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This is a huge win in our fight to protect Arkansas\u2019 kids! pic.twitter.com\/ljhMGRNPO2<\/a><\/p>\n

\u2014 Sarah Huckabee Sanders (@SarahHuckabee) June 24, 2025<\/a><\/p>\n<\/blockquote>\n

<\/div>\n

They also said the Arkansas Supreme Court would reach the same conclusion they did.<\/p>\n

\u201cWe predict that the Arkansas Supreme Court would hold that\u201d a provision, the saving\u2019s clause, was upheld in the law, agreeing with the state.<\/p>\n

The judges rejected the plaintiff\u2019s argument that the state\u2019s ban prohibited interstate commerce of hemp products, also saying, \u201cWe predict the Arkansas Supreme Court would adopt our understanding of the phrase \u2018continuous transportation.\u2019 Any more of a restrictive understanding would mean that Act 629 would violate the 2018 Farm Bill\u2019s Express Preemption Clause.\u201d<\/p>\n

The judges also point out that the \u201ctext of the 2018 Farm Bill shows only that Congress wanted to facilitate state legalization of hemp, if a state wants to. Congress allows states to legalize hemp by removing the biggest hurdle\u2014federal criminalization.\u201d<\/p>\n

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Today the United States Court of Appeals for the Eighth Circuit reversed a lower court\u2019s decision to enjoin Act 629 of 2023. Today\u2019s ruling isn\u2019t just a win for Arkansas, it\u2019s a win for common sense and the rule of law. If you are selling these products, you are now doing it in\u2026 pic.twitter.com\/whLQwGHMc8<\/a><\/p>\n

\u2014 Attorney General Tim Griffin (@AGTimGriffin) June 24, 2025<\/a><\/p>\n<\/blockquote>\n

<\/div>\n

The text of the 2018 Farm Bill \u201cdoes not support\u201d the plaintiff\u2019s claim \u201cthat Congress intended to \u2018federally protect[] hemp\u2019 and coercively mandate nationwide legality,\u201d the judges said. \u201cStates may obtain primary regulatory authority over hemp production,\u201d including banning it.<\/p>\n

\u201cInstead, just because states may legalize hemp under the 2018 Farm Bill does not mean they must,\u201d the judges note<\/a>.<\/p>\n

The judges also rejected the argument Abbott cited, saying the Arkansas bill \u201cis not unconstitutionally vague and the district court abused its discretion when it issued a preliminary injunction based on the statute being void for vagueness.\u201d<\/p>\n

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As I said yesterday at my press conference, it appeared to my legal team and me that Arkansas would win this case and be able to ban THC. The 8th Circuit Court of Appeals had telegraphed that this was going to be their decision in their oral arguments. <\/p>\n

This is the second major\u2026<\/p>\n

\u2014 Office of the Lieutenant Governor Dan Patrick (@LtGovTX) June 24, 2025<\/a><\/p>\n<\/blockquote>\n

<\/div>\n

In response to the ruling, Patrick said the court ruled the way he believed it would and the Texas Senate would reintroduce SB 3 and the state legislature would pass it again.<\/p>\n

Abbott called a special session for next month, adding SB 3 to the agenda, suggesting that the legislature implement a series of regulations to legalize THC.<\/p>\n

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To be clear, the Arkansas law differs from S.B. 3 in legally consequential ways. Unlike the Texas bill, Arkansas\u2019 law did not ban \u201cany amount\u201d of a cannabinoid, it expressly permitted hemp farming consistent with federal law, and it carved out interstate transportation. Those are\u2026<\/p>\n

\u2014 Greg Abbott (@GregAbbott_TX) June 25, 2025<\/a><\/p>\n<\/blockquote>\n

<\/div>\n

The Republican Party of Texas opposes legalizing marijuana; the majority of Republicans in the legislature voted to ban it, not regulate it.<\/p>\n

When the legislature convenes next month, Patrick said, \u201cAll we have to do is pass SB 3, just like we passed during the regular session.\u201d<\/p>\n

This story was first published by The Center Square.<\/em><\/a><\/p>\n

\n

Marijuana Opponents \u2018Have Lost\u2019 The Debate, GOP Senator Says, Arguing \u2018It\u2019s Time\u2019 To Regulate It Like Alcohol And Tobacco<\/a><\/p>\n<\/blockquote>\n

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Photo courtesy of Brendan Cleak.<\/em><\/p>\n

The post Federal Court Upholds Arkansas Hemp Restrictions, Contradicting Texas Governor\u2019s Stance In Vetoing Proposed Ban In His State<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n


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\u201cJust because states may legalize hemp under the 2018 Farm Bill does not mean they must.\u201d By Bethany Blankley, The Center Square Several of the reasons Texas Gov. Greg Abbott (R) made for vetoing a statewide THC ban, SB 3, were rejected Tuesday by the Eighth Circuit Court of Appeals.Continue Reading<\/a><\/span><\/p>\n","protected":false},"author":457,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/81862"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/457"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=81862"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/81862\/revisions"}],"predecessor-version":[{"id":81863,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/81862\/revisions\/81863"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=81862"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=81862"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=81862"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}