Brad Gossett

Today the United States Court of Appeals for the Eighth Circuit reversed a lower court’s decision to enjoin Act 629 of 2023. Today’s ruling isn’t just a win for Arkansas, it’s a win for common sense and the rule of law. If you are selling these products, you are now doing it in violation of the law. Bio Gen LLC and others brought this lawsuit against Governor @SarahHuckabee Sanders, myself, Arkansas’s prosecuting attorneys, and many other state officials in an attempt to preserve an unchecked market in which dangerous drugs could be purchased by anyone, including children. At issue was Act 629’s prohibition of hemp products like Delta 8 and Delta 9, which have been known to have adverse health effects on users, particularly children. These substances are often packaged to mimic popular candy and other snacks, making it easy to fall into the hands of children. While the federal judge’s preliminary injunction was in place, we were unable to enforce the law. Bio Gen claimed that Act 629’s prohibition of such products violated provisions of the 2018 Farm Bill. But the Eighth Circuit agreed with me and determined that “there is no support for this argument in the text or structure of the 2018 Farm Bill.” tinyurl.com/4mrmhudt #arnews @eubanksjon