Dan Patrick Praises Arkansas THC Ban, Vows Strong Defense Amid Legal Fight

Texas Lieutenant Governor Dan Patrick has praised Arkansas’s tough ban on hemp-derived THC products, calling the state’s recent court win a guide for Texas’s efforts to crack down on the hemp industry. Patrick’s statement follows Arkansas’s Act 629 of 2023, which labels hemp-derived cannabinoids like Delta-8, Delta-9, and Delta-10 as Schedule VI controlled substances. On June 24, 2025, the U.S. Eighth Circuit Court of Appeals upheld the ban, allowing Arkansas to enforce it and catching the eye of Texas, where Patrick is pushing for a similar law despite opposition.

Patrick’s Support for Arkansas’s Ban

At a press conference in Austin on June 24, 2025, Patrick cheered Arkansas’s move to ban hemp-derived THC products, calling it a win for public health. “Arkansas is showing the way by stopping this dangerous, unregulated industry that’s selling harmful products to kids and communities,” he said, holding up a bag of Delta-8 gummies for emphasis. “Act 629 is a plan to protect families, and their court victory proves states can fight retailers using federal loopholes.” Patrick noted the Eighth Circuit’s ruling to remove a block on Act 629, allowing Arkansas to enforce the ban right away, as proof that Texas could win similar legal battles.

Patrick also criticized opponents of THC bans, including hemp businesses and some conservative allies. “I don’t understand why anyone defends this $8 billion industry built on getting people high,” he said, repeating his push to ban THC products in Texas through Senate Bill 3 (SB 3). “Arkansas stood firm, and so will we. This is about saving lives, not profits.” His support for Arkansas’s ban aligns with his strict anti-cannabis views, even as Texas has a limited medical marijuana program and growing support for relaxed cannabis laws.

Arkansas’s Act 629 and Legal Battle

Arkansas’s Act 629, signed by Governor Sarah Huckabee Sanders on April 11, 2023, bans the production, sale, transfer, or possession of hemp-derived psychoactive cannabinoids, including Delta-8, Delta-9, Delta-10, and THCA, if they exceed 0.3% THC in the final product. The law aimed to tackle unregulated hemp products sold at convenience stores, vape shops, and online, which officials said endangered kids with candy-like packaging and uneven strength. Attorney General Tim Griffin called these products “trash” sold without rules, a view Patrick shared.

The legal fight over Act 629 started in 2023 when hemp businesses, including Bio Gen LLC, Drippers Vape Shop, Smoker Friendly, and Hometown Hero, sued in the U.S. District Court for the Western District of Arkansas. They argued the ban violated the 2018 Farm Bill, which legalized hemp products with less than 0.3% Delta-9 THC, and harmed interstate commerce. They also said the law hurt Arkansas’s hemp industry, threatening jobs and income. In September 2023, U.S. District Judge Billy Roy Wilson issued a temporary halt to Act 629, citing a likely clash with federal law.

Arkansas appealed to the U.S. Eighth Circuit Court of Appeals, claiming the state can regulate controlled substances to protect public safety. They pointed to FDA reports of 104 adverse events and over 2,000 poison control cases tied to Delta-8 from 2020 to 2022, stressing the dangers of unregulated products. On June 24, 2025, the Eighth Circuit overturned the halt, removing Sanders and Griffin from the lawsuit and allowing enforcement to start. The court found that Act 629 does not conflict with the 2018 Farm Bill, as it allows states to impose stricter regulations, and is not unconstitutionally vague, as terms like “continuous transportation” and “psychoactive substances” are defined in federal case law or the act itself. The ruling also dismissed Sanders and Griffin as defendants based on sovereign immunity, as they lack direct enforcement roles. The full Eighth Circuit opinion is available here: Bio Gen LLC v. Sanders, Docket Number 23-3237.

The ruling didn’t settle the full case, which continues in the district court, but it backed Arkansas’s authority. Griffin urged retailers to comply within weeks or face fines.

Patrick’s Texas Plan and Arkansas Comparison

Patrick’s support for Arkansas’s ban comes as he fights to ban THC products in Texas through Senate Bill 3, which passed the Texas Legislature in 2025 but was vetoed by Governor Greg Abbott on June 22, 2025. SB 3 aimed to ban all consumable THC products, including Delta-8 and Delta-9, much like Arkansas’s law, targeting Texas’s $8 billion hemp industry. Patrick called the ban vital to protect kids and stop a “public health crisis,” blaming retailers for misusing a 2019 Texas hemp law that allowed psychoactive products.

Abbott’s veto, citing possible legal issues and conflicts with the 2018 Farm Bill, angered Patrick, who accused the governor of wanting to “legalize recreational marijuana.” Abbott called for a special session on July 21, 2025, to regulate THC products instead of banning them, using Arkansas’s legal troubles as a warning. But Patrick brushed off these worries, citing the Eighth Circuit’s ruling as proof that bans can hold up in court. He pointed to Texas’s readiness to face lawsuits on other conservative issues as a reason to keep pushing.

Legal and Political Impact

The Arkansas legal battle and Patrick’s statement show a trend of conservative states targeting hemp-derived THC. The Eighth Circuit’s ruling supports the idea that states can set tougher rules than federal law, possibly encouraging Texas lawmakers to retry SB 3 or pass a similar ban. Still, the ongoing Arkansas lawsuit shows federal preemption is a tricky issue, with the 2018 Farm Bill’s hemp rules likely to spark more court fights.

In Texas, Patrick faces pushback from hemp businesses, veterans, and some Republicans against a total ban. Critics say regulation, like age limits and lab testing, would fix safety issues without killing an industry that supports thousands of jobs and brings in big tax revenue. Veterans have said THC products help with chronic pain and PTSD, warning a ban could drive users to the black market.

Public views, seen in posts on X, are split. Some Texans back Patrick’s tough stance, while others prefer regulation over a ban. Arkansas’s case, where people are buying legal hemp products in nearby Oklahoma, suggests Texas might face similar issues if a ban passes.

What’s Next

As Arkansas enforces Act 629, its legal fight continues, with the Western District of Arkansas set to decide if the ban is constitutional. A permanent block could still overturn the law, but the Eighth Circuit’s ruling favors state power. For Patrick, Arkansas’s win is a call to push for a ban in Texas’s special session, despite Abbott’s focus on regulation. “This isn’t about legalizing marijuana; it’s about stopping an industry harming kids,” Patrick said, hinting at a rare GOP divide.

The link between Arkansas’s legal battle and Patrick’s efforts highlights a bigger debate over cannabis policy, balancing public safety with economic and personal freedoms. As Texas watches Arkansas’s enforcement, the results of both states’ legal and lawmaking efforts could shape the future of the hemp-derived cannabis industry across the