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Arkansas General Assembly· SB 605Died in House Committee at Sine Die adjournment.

An act TO CREATE THE DELTA TETRAHYDROCANNABINOL 10 EXCISE TAX ACT, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas         As Engrossed: S4/7/25
2 95th General Assembly
                                 A Bill

3 Regular Session, 2025                                            SENATE BILL 605

4

5 By: Senator J. Dismang

6 By: Representative Achor

7

8                           For An Act To Be Entitled

9   AN ACT TO CREATE THE DELTA TETRAHYDROCANNABINOL

10  EXCISE TAX ACT; TO TAX DELTA TETRAHYDROCANNABINOL

11  PRODUCTS; AND FOR OTHER PURPOSES.

12

13

14                           Subtitle

15                       TO CREATE THE DELTA TETRAHYDROCANNABINOL

16                       EXCISE TAX ACT; AND TO TAX DELTA

17                       TETRAHYDROCANNABINOL PRODUCTS.

18

19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

20

21  SECTION 1. Arkansas Code Title 26, Chapter 57, is amended to add an

22 additional subchapter to read as follows:

23  Subchapter 17 -- Delta Tetrahydrocannabinol Excise Tax Act

24

25  26-57-1701. Title.

26  This subchapter shall be known and may be cited as the "Delta

27 Tetrahydrocannabinol Excise Tax Act".

28

29  26-57-1702. Definition.

30  As used in this subchapter, "Delta tetrahydrocannabinol product" means

31 a product that contains one (1) or more of the following:

32  (1) Hemp-derived cannabidiol that:

33                        (A) Contains not more than three-tenths of one percent

34 (0.3%) of delta-9 tetrahydrocannabinol (THC) on a dry weight basis as

35 verified by a nationally accredited laboratory for quality, purity, and

36 accuracy standards; and

    *JLL373*                                                       04-07-2025 11:20:00 JLL373
    As Engrossed: S4/7/25                                                   SB605

1                    (B) Is not approved by the United States Food and Drug

2 Administration for marketing as a medication; and

3             (2) Tetrahydrocannabinol, including without limitation the

4 following:

5                    (A) Delta-1 cis or trans tetrahydrocannabinol, otherwise

6 known as a delta-9 cis or trans tetrahydrocannabinol, and its optical

7 isomers;

8                    (B) Delta-6 cis or trans tetrahydrocannabinol, otherwise

9 known as a delta-8 cis or trans tetrahydrocannabinol, and its optical

10 isomers;

11                   (C) Delta-3,4 cis or trans tetrahydrocannabinol, otherwise

12 known as a delta-6a,10a cis or trans tetrahydrocannabinol, and its optical

13 isomers;

14                   (D) Delta-10 cis or trans tetrahydrocannabinol, and its

15 optical isomers;

16                   (E) Delta-8 tetrahydrocannabinol acetate ester;

17                   (F) Delta-9 tetrahydrocannabinol acetate ester;

18                   (G) Delta-6a,10a tetrahydrocannabinol acetate ester;

19                   (H) Delta-10 tetrahydrocannabinol acetate ester;

20                   (I) A product derived from industrial hemp that was

21 produced as a result of a synthetic chemical process that converted the

22 industrial hemp or a substance contained in the industrial hemp into delta-8,

23 delta-9, delta-6a,10a, or delta-10 tetrahydrocannabinol including their

24 respective acetate esters; and

25                   (J) Any other psychoactive substance derived therein.

26

27       26-57-1703. Applicability.

28       The excise tax levied under � 26-57-1704 applies to Delta

29 tetrahydrocannabinol products sold on and after the effective date of this

30 act.

31

32       26-57-1704. Excise taxes.

33       A seller shall collect and remit an excise tax of fifty percent (50%)

34 from the gross receipts or gross proceeds derived from each sale of a Delta

35 tetrahydrocannabinol product on the forms and in the manner specified by the

36 Secretary of the Department of Finance and Administration.

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    As Engrossed: S4/7/25                                                   SB605

1

2        26-57-1705. Imposition, reporting, remittance, and administration of

3 excise taxes.

4        Except as otherwise provided in this subchapter, the excise tax levied

5 under � 26-57-1704 shall be imposed, reported, remitted, and administered in

6 the same manner and at the same time as sales taxes under the Arkansas Gross

7 Receipts Act of 1941, � 26-52-101 et seq.

8

9        26-57-1706. Administration of law.

10       This subchapter is subject to the Arkansas Tax Procedure Act, � 26-18-

11 101 et seq., as those provisions apply to the administration of this

12 subchapter by the Secretary of the Department of Finance and Administration,

13 including without limitation the provisions regarding interest and penalty on

14 delinquent taxes.

15

16       26-57-1707. Rules.

17       The Secretary of the Department of Finance and Administration may

18 promulgate rules to implement and allow for the enforcement of this

19 subchapter, including without limitation to identify products that are

20 subject to the excise tax levied under � 26-57-1704.

21

22       SECTION 2. EFFECTIVE DATE. Section 1 of this act is effective on the

23 first day of the second calendar month following the effective date of this

24 act.

25

26                           /s/J. Dismang

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