Testing. [Effective if contingency in Acts 2023, No. 629, § 17, is met or repealed if contingency in Acts 2025, No. 934, § 23, is met.]

Ark. Code Ann. § 20-56-410 — under General Provisions.

Ark. Code Ann. § 20-56-410

(a) All hemp-derived products sold in this state shall be tested by an approved laboratory.

(b) An approved laboratory shall be an independent third-party laboratory.

(c) A hemp-derived product sold in this state shall be tested for the following and marked as to the hemp-derived product chemical makeup before being sold to consumers:(1) Cannabinoid profile;(2) Solvents;(3) Pesticides;(4) Microbials;(5) Heavy metals; and(6) Any non-hemp-based substance.

(1) Cannabinoid profile;

(2) Solvents;

(3) Pesticides;

(4) Microbials;

(5) Heavy metals; and

(6) Any non-hemp-based substance.

(d) A hemp-derived product shall not be distributed or sold in this state without a certificate of analysis from an approved laboratory that confirms:(1) The hemp-derived product was tested by an approved laboratory;(2) A tested representative sample of the hemp-derived product contained a total delta-9 tetrahydrocannabinol concentration that did not exceed three-tenths of one percent (0.3%) under this subchapter; and(3) A detailed analysis and list of chemical makeup of the tested hemp-derived product under subsection (c) of this section.

(1) The hemp-derived product was tested by an approved laboratory;

(2) A tested representative sample of the hemp-derived product contained a total delta-9 tetrahydrocannabinol concentration that did not exceed three-tenths of one percent (0.3%) under this subchapter; and

(3) A detailed analysis and list of chemical makeup of the tested hemp-derived product under subsection (c) of this section.

(e) Arkansas Tobacco Control may periodically sample, analyze, and test any hemp-derived product located in this state.

(f) The Director of Arkansas Tobacco Control shall:(1) Investigate and issue subpoenas to any permittee or approved laboratory used by a permittee that the director has reasonable suspicion of intentionally producing falsified test results on hemp-derived products; and(2) Promulgate rules for the enforcement of this section and set penalties for any violation of the rules.

(1) Investigate and issue subpoenas to any permittee or approved laboratory used by a permittee that the director has reasonable suspicion of intentionally producing falsified test results on hemp-derived products; and

(2) Promulgate rules for the enforcement of this section and set penalties for any violation of the rules.