Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 4 - HEMP-DERIVED PRODUCTS (§§ 20-56-401 — 20-56-413) › Section 20-56-411 - [See Note] Providing minors with hemp-derived products - Purchase, use, or possession prohibited

(a)
(1)
It is unlawful for any person to give, barter, or sell to a minor a hemp-derived product.
(2)
Except as provided in subdivision (a)(3) of this section, a person who pleads guilty or nolo contendere to or is found guilty of violating subdivision (a)(1) of this section is guilty of a Class A misdemeanor.
(3)
An employee or owner of a retail location permitted under this subchapter who violates subdivision (a)(1) of this section while inside the retail location upon conviction is subject to a fine not to exceed one hundred dollars ($100) per violation.
(b)
(1)
It is unlawful for a minor to:
(A)
Use or possess or to purchase or attempt to purchase a hemp-derived product; or
(B)
For the purpose of obtaining or attempting to obtain a hemp-derived product, falsely represent himself or herself not to be a minor by displaying proof of age that is false, fraudulent, or not actually proof of the minor's age.
(2)
Any hemp-derived product found in the possession of a minor may be confiscated and destroyed by a law enforcement officer.
(c)
(1)
It is not an offense under subsection (b) of this section if:
(A)
The minor was acting at the direction of an authorized agent of Arkansas Tobacco Control to enforce or ensure compliance with laws relating to the prohibition of the sale of hemp-derived product to minors;
(B)
The minor was acting at the direction of an authorized agent of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to compile statistical data relating to the sale of hemp-derived products to minors;
(C)
The minor was acting at the request of a permit holder to assist the permit holder by performing a check on the permit holder's own retail business to see if the permit holder's employees would sell hemp-derived products to the minor; or
(D)
The minor was acting as an agent of a retail permit holder within the scope of employment.
(2)
A minor performing activities under subdivision (c)(1) of this section shall:
(A)
Display the appearance of a minor;
(B)
Have the written consent of the minor's parent or guardian to perform the activity on file with the agency utilizing the minor; and
(C)
(i)
Present a true and correct identification if asked.
(ii)
Any failure on the part of a minor to provide true and correct identification upon request is a defense to any action under this section or a civil action under §
26-57-256
.
(d)
Any person who sells hemp-derived products has the right to deny the sale of any hemp-derived product to any person.
(e)
It is unlawful for any person who has been issued a permit or a license under this subchapter to fail to display in a conspicuous place a sign indicating that the sale of hemp-derived products to or purchase or possession of hemp-derived products by a minor is prohibited by law.
(f)
It is unlawful for any manufacturer whose hemp-derived product is distributed in this state and any person who has been issued a permit or license under this subchapter to distribute a free sample of any hemp-derived product, or any component of a hemp-derived product or coupon that entitles the holder of the coupon to any free sample of any hemp-derived product, or any component of a hemp-derived product:
(1)
In or on any public street or sidewalk within five hundred feet (500') of any playground, public school, or other facility when the playground, public school, or other facility is being used primarily by minors for recreational, educational, or other purposes; or
(2)
To any minor.
(g)
It is unlawful for any person that has been issued a permit or license under this subchapter to:
(1)
Sell or distribute a hemp-derived product through a self-service display, a vending machine, or an order executed solely over the internet or similar means; or
(2)
Advertise or promote hemp-derived products in a manner that is intended to appeal to children.
(h)
Any retail permit holder or license holder who violates any provision in this section is deemed guilty of a violation and subject to penalties under §
26-57-256
.
(i)
(1)
A notice of an alleged violation of this section shall be given to the holder of a retail permit or license or an agent of the holder within ten (10) days of the alleged violation.
(2)
(A)
The notice under subdivision (i)(1) of this section shall contain the date and time of the alleged violation.
(B)
(i)
The notice under subdivision (i)(1) of this section shall also include either the name of the person making the alleged sale or information reasonably necessary to determine the location in the store that allegedly made the sale.
(ii)
When appropriate, information under subdivision (i)(2)(B)(i) of this section should include, but not be limited to, the:
(a)
Cash register number of the sale in the store;
(b)
Physical location of the sale in the store; and
(c)
If possible, the lane or aisle number of the sale in the store.
(j)
Notwithstanding the provisions of subsection (h) of this section, the court shall consider the following factors when reviewing a possible violation:
(1)
The business has adopted and enforced a written policy against selling hemp-derived products to minors;
(2)
The business has informed its employees of the applicable laws regarding the sale of hemp-derived products to minors;
(3)
The business has required employees to verify the age of a customer attempting to purchase a hemp-derived product by way of photographic identification;
(4)
The business has established and imposed disciplinary sanctions for noncompliance; and
(5)
That the appearance of the purchaser of the hemp-derived product was such that an ordinary prudent person would believe him or her to be of legal age to make the purchase.
(k)
A person convicted of violating any provision of this section whose permit or license to distribute or sell a hemp-derived product is suspended or revoked upon conviction shall surrender to the court any permit or license to distribute or sell a hemp-derived product, and the court shall transmit the permit or license to distribute or sell a hemp-derived product to the Director of Arkansas Tobacco Control:
(1)
To suspend or revoke the person's permit or license to distribute or sell a hemp-derived product and to not renew the permit or license; and
(2)
Not to issue any new permit or license to that person for the period of time determined by the court in accordance with this section.
Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..