Cannabis legality is confusing already, but it can be understandable when you break it down to the state level. Delta 8 THC is even more challenging to navigate, given that there’s little information available.
If you have a question on whether Delta 8 is legal in Arizona, we’re glad to help.
Delta 8 may have specific restrictions imposed by state laws in Arizona.
Here’s some background information about Delta 8 legislation for residents of the state:
Disclaimer: We strive to be well-informed about Delta 8 laws, but they can change based on the latest research. Do not take this as legal advice in any matter. As always, we recommend you do your own research for information verifying this article.
- Delta 8 is derived from the hemp plant and remains legal according to federal law.
- Arizona classifies Cannabis and all tetrahydrocannabinol as Schedule I substances.
- Delta-8 is considered illegal by Arizona state law.
- Arizona law prohibits the sale of Delta 8 THC, making it difficult to access.
- Some people buy Delta-8 THC hemp products online in legal areas.
Current Arizona Delta 8 THC Laws and Regulations
Arizona is known for being a more hemp-friendly state in the US, and they impose a few regulations and state laws that make for a much more complicated hemp market than other states.
The state passed legislation to legalize hemp not long after the 2018 Farm Bill was signed into law.
Arizona State Bill SB 1098 defines industrial hemp as a plant with a THC level of not more than 0.3% on a dry weight basis and allows many ways to use it, such as in CBD in finished hemp-derived products.
But Arizona’s Controlled Substances legislation poses complications for Delta 8 THC. The bill reads as follows: Cannabis, as well as all its salts, isomers, and how THC is processed, are all considered Schedule I substances in Arizona.
The current and only exception to the law is the synthetic isomer of delta-9-tetrahydrocannabinol, also called dronabinol, a legal prescription pharmaceutical modeled after THC.
That said, you can find some of the highlights from the Arizona state legislation on hemp and Delta-8:
In addition to the definitions provided in ARS §§ 3-201, 3-311, and AAC R3-4-101.
“0.300%” shall have the same meaning as a three-tenths percent.
“Certified laboratory” means the State Agriculture Laboratory or any laboratory certified by the State Agriculture Laboratory to perform compliance analysis of industrial hemp.
“Hemp” has the same meaning as industrial hemp.
“Responsible party” means an individual with signing authority of a partnership, limited liability company, association, company, or corporation.
“THC” means Tetrahydrocannabinol. “Total Delta-9 THC concentration” means the total calculable amount of the chemical compound, Delta-9 THC.
“Crop” means any industrial hemp grown under a single industrial hemp license issued by the department.
“Hemp products” means all products made from industrial hemp, including cloth, cordage, fiber, fuel, grain, paint, paper, construction materials, plastics, and by-products derived from sterile hemp seed or hemp seed oil. Hemp products exclude any product made to be ingested except food made from sterile hemp seed or hemp seed oil.
“Hemp seed” means any viable cannabis Sativa L. seed that produces an industrial hemp plant that is subject to this article and rules and orders adopted by the director under this article.
“Industrial hemp” means the plant Cannabis Sativa L. and any part of such a plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths percent on a dry weight basis.
“Industrial hemp site” means the location where a grower, harvester, transporter, or processor possesses a crop, a harvested crop, or hemp seed.
36-2501. DefinitionsIn this chapter, unless the context otherwise requires:
“Cannabis” means the following substances under whatever names they may be designated:
(b) All parts of any plant of the genus cannabis, whether growing or not, its seeds, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake or the sterilized seed of such plant which is incapable of germination.
(c) Every compound, manufacture, salt, derivative, mixture, or preparation of such resin, tetrahydrocannabinol (THC), or of such plants from which the resin has not been extracted.
36-2512. Substances in Schedule IThe following controlled substances, unless specifically excepted, are included in schedule I:
Any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances and their salts, isomers, and salts of isomers, unless specifically excepted or unless listed in another schedule, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation (for this paragraph, “isomer” includes the optical, position and geometric isomers):
(w) Cannabis, except the synthetic isomer of delta-9-tetrahydrocannabinol.
Is Delta-8 THC a Controlled Substance in Arizona?
Arizona legislation does not mention Delta 8 THC. However, it’s considered a Controlled Substance because it contains Tetrahydrocannabinol, also known as THC.
Hemp and CBD are both legal in Arizona, but the law is unclear whether Delta 8 THC from hemp or CBD is legal.
Delta 8 Possession Limits in Arizona
Per the current regulations, we can conclude that Delta 8 is illegal in Arizona, and there are no defined sentencing guidelines for the drug.
Is Cannabis (Delta 9 THC) Legal in Arizona?
Arizona State is one of the last to legalize recreational cannabis. Medical marijuana has been legal for qualifying patients since 2010, but Proposition 207 finally made it available to those over 21 in late 2020.
In Arizona, residents can legally possess up to one ounce of cannabis (with up to five grams of concentrates) purchased from a state dispensary.
Arizona has harsh penalties for cannabis possession. Possessing less than two pounds is a Class 6 felony punishable by four months to two years in prison and w fines up to $ 150,000.
Arizona has legalized recreational cannabis, which means we can only hope that the Controlled Substances list could likely be updated to reflect that.
Hopefully, this means better clarification for the legality of Delta 8 THC now that it is legal across the state.
Can I Buy Delta 8 in Arizona?
The short answer is no.
Delta 8 THC is illegal in Arizona. One cannot legally purchase, sell, or possess Delta 8 within the state. However, some products of this nature may still be circulating in the form without any legal status.
Delta 8 products are legal in many neighboring states, including Nevada and New Mexico.
Given the popularity of online shopping, Delta 8 is commonly available for purchase on major websites.
The increased anonymity and accessibility pose a risk since many vendors aren’t knowledgeable about all aspects of Delta 8 THC, its use, or have a clear understanding of Delta 8 legalities.
Is Delta 8 Legal in All 50 States in the US?
The legal status of Delta 8 THC, or THC derived from legal hemp plants, is currently federally legal under the provisions of the Hemp Farming Act of 2018.
However, states have their own laws on how they approach this substance and its derivatives. Delta-8 THC is illegal in Arizona according to state law, but you should read more about Delta 8 laws by state to determine the legality in other areas.
“Possession of a Controlled Substance in Arizona” https://www.criminaldefenselawyer.com/resources/criminal-defense/drug-charges/possession-controlled-substance-arizona
“Arizona Administrative Register” https://apps.azsos.gov/public_services/register/2019/24/contents.pdf
“ARIZONA REVISED STATUTES TITLE 3. AGRICULTURE; CHAPTER 2. REGULATORY PROVISIONS; ARTICLE 4.1. INDUSTRIAL HEMP” https://agriculture.az.gov/sites/default/files/Title3Ch2Art4-1.pdf
“Title 36 – Public Health and Safety” https://www.azleg.gov/arsDetail/?title=36