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Is Delta 8 THC Legal In Arizona, And Where To Buy It?

August 16, 2021
Is Delta 8 Legal In Arizona

The Grand Canyon State hasn’t jumped on the D8 train fully yet, but can you still buy hemp-derived products in the State? Is Delta 8 THC legal in Arizona?

Delta 8 THC products are on fire, primarily because of their ability to provide relief in various ways. On the other hand, many are still confused about the regulations and are wondering if Delta 8 is legal in Arizona or not.

The article below will attack that topic and clarify if you can purchase THC in Arizona as a consumer.

Main Keypoints:

  • Federal law states Delta 8 is derived from the hemp plant and remains legal.
  • Arizona classifies Cannabis and all tetrahydrocannabinol as Schedule I substances while not explicitly mentioning Delta 8 THC.
  • Many claims D8 to be illegal in AZ; however, the current state laws show a slightly different picture.
  • Arizona state law mainly targets retail and production, making it unsafe and difficult to access. Online might be the best way to get your D8 on!
  • Recreational Marijuana is legal in AZ.


Is Delta 8 THC Legal in Arizona?

The short answer? Unfortunately, there is no straightforward answer. It’s Currently questionably legal.

Although the federal government has legalized it alongside CBD, every State is responsible for making its own hemp laws. Thus far, Arizona seems to have targeted the manufacturers and producers in the State. In May 2021, SB 49 was passed, which says any hemp-derived product with more than 0.30% Delta-9 is seen as Marijuana. That also includes Delta 8 THC.

On the other hand, adults over 21 can legally posse up to 1 ounce of cannabis flower and 1/8 of an ounce of concentrated Cannabis.

Delta 8 THC might be hard to find in local retailers, so the best option is to shop your products that follow current regulations online.

For example, check below two options:

10mg Delta 8 THC Gummies (vegan)

or

10mg or 25mg Delta 9 THC Gummies (vegan)

They are shipped nationwide! Both options are below 0.30% total THC.

What is Delta 8 THC, Anyway?

So, what is this new THC compound? Delta 8 is just one of the many cannabinoids found in cannabis Sativa. Delta 8 cannabinoids interact with your endocannabinoid system (ECS), which is responsible for balancing all sorts of functions like mood, sleep, appetite, immune system responses, metabolism, and more. Based on past research, Delta 8 THC interacts with your ECS and can help relax muscles, relieve pain, improve memory, and even reduce epileptic seizures, based on past research.

Where To Buy Delta 8 THC Legal in Arizona?

Since the State has heavily regulated hemp-derived THC, it might be hard to find. Delta 8 is classified as controlled substances in Arizona, and if THC levels surpass 0.30%, it’s looked at as Marijuana. For that reason, it’s unfortunately very limited as these regulations come with risk.

Your best bet is to shop Delta 8 online,

Many prefer shopping online especially have the pandemic. It’s been more accessible than ever and can be delivered within days.

BiowellnessX is mainly an online company. Our federally legal hemp products are made in compliance with the 2018 Hemp Farming Act. Our THC and Full Spectrum products, such as our full spectrum gummies, contain Delta 9 THC below 0.30%, making them legal in AZ.

The same goes for our 10mg THC gummies too. Both D8 and D9.

Besides online, you can also walk into your local licensed dispensary or go to various smoke shops. I’m sure you can find a few things to your liking.

Where to Buy Delta 8 in Arizona

Listed below are cities where you can get your legal hemp in AZ.

  • Phoenix
  • Youngtown
  • Tempe
  • Mesa
  • Scottsdale
  • Glendale
  • Peoria
  • Goodyear


Current Delta 8 THC Laws and Regulations In Arizona

Arizona is known for being a not-so-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 shortly 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 no more than 0.3% on a dry weight basis and allows many ways to use it, such as CBD in finished hemp-derived products.

Specifically, section 7 read as follows:

7. “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.

Arizona state law further approved SB 49 last year poses complications for selling Delta 8 THC

Section 3.3 of this bill adds to the definition of Marijuana: (1) any commodity or product made using hemp which exceeds the maximum THC concentration established by the State Department of Agriculture; and (2) a product or commodity made from hemp and manufactured or sold by a cannabis establishment which exceeds the maximum THC concentration established by the Cannabis Compliance Board. Existing law defines THC as (1) delta-9-tetrahydrocannabinol; (2) delta-8-tetrahydrocannabinol; and (3) the optical isomers of such substances. (NRS 453.139) Section 3.5 of this bill revises the definition of THC as (1) delta-9-tetrahydrocannabinol and any structural, optical, or geometric isomer 

thereof; (2) delta-8-tetrahydrocannabinol; (3) delta-7-tetrahydrocannabinol; and (4) delta-10-tetrahydrocannabinol.

We can conclude that any hemp-derived products with more than 0.30% total THC are unlawful in the State of Arizona.

Furthermore, the law defines hemp as follows:

TITLE 3 AGRICULTURE. CH. 2, ART. 4.1 INDUSTRIAL HEMP

3-311. Definitions

“Crop” means any industrial hemp plant grown under the department’s single industrial hemp license.

“Hemp products” means products made from industrial hemp flower, including cloth, cordage, fiber, fuel, grain, paint, paper, construction materials, plastics, and by-products derived from sterile hemp seed or hemp seed oil. Also excludes any product made to be ingested except food made from sterile hemp seed or hemp seed oil.

“Hemp seed” implies 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 THC 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. definitions of this chapter, unless the context otherwise requires:

“Cannabis” means the following substances under whatever names they may be designated:

(a) Marijuana.

(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 the 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 I

The 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 Legal in All 50 United States?

The legal status of Delta 8, 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 approaching this substance and its derivatives. According to state law, Delta 8 is restricted in Arizona and can therefore be hard to find locally.

Final Thoughts

Although Delta 8 might be hard to locate in Arizona, your best option might just be online.

We will continue to monitor the situation and update our readers as new information arises.

Meanwhile, be sure to check out our website, especially our legal hemp products in Arizona. Thanks so much for reading!

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Resources:

  1. Controlled Substances- https://www.criminaldefenselawyer.com/resources/criminal-defense/drug-charges/possession-controlled-substance-arizona
  2. Arizona Administrative Register- https://apps.azsos.gov/public_services/register/2019/24/contents.pdf
  3. Arizona Revised Statutes- https://agriculture.az.gov/sites/default/files/Title3Ch2Art4-1.pdf
  4. Title 36 – Public Health and Safety” https://www.azleg.gov/arsDetail/?title=36
  5. Proposition 207 – https://azsos.gov/sites/default/files/FINAL_2020_APPROVED%20_BALLOT_LANGUAGE_%28English%29.pdf
  6. Farm Bill- Hemp Production and the 2018 Farm Bill – 07/25/2019 | FDA
  7. SB49 https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7227/Overview


LEGAL DISCLAIMER
By reading this legal information, you agree to release the author of any liability related to or arising from your use of this data. This post contains no legal advice. The legal status surrounding Delta 8 THC is new and constantly changing. We continuously work hard to do our best to give you the most updated information. We recommend checking your current state’s laws or federal hemp laws before purchasing any industrial hemp plant-derived products (CBD, THC) in Mississippi. The data in this post is not intended to diagnose, treat, cure or give any medical advice. Do your due diligence and seek your doctor’s advice, especially if you are in doubt or are currently taking any prescription medications. Safer than sorry is always a great idea when consuming new products.

Frequently Asked Questions (FAQs)
What is the legal Status of Delta 8 THC in Arizona?

Unfortunately, the current legal status of Delta 8 products in Arizona does not favor the end consumer. The state does not allow vendors to sell or buy Delta 8-related products surpassing 0.30% THC.

Can Delta 8 products really get me high?

The effects of D8 THC are fairly similar to traditional Delta 9, but it has a less intense effect. That’s because the potency levels in this cannabinoid will make you feel euphoric without any unwanted paranoia and anxiety. When consuming larger doses, the risk for intoxication will arise too.

What is the legal age to purchase Delta 8?

Most retailers will not let you buy any hemp-related products for safety reasons unless you are 21. There are exceptions for medical marijuana situations.

Can Delta 8 THC Make you Fail a Drug Test?

Yes, you will most likely test positive if you consume Delta 8 and do so frequently.

Is Delta 8 THC the same as THC?

Yes is the short answer. THC has, up until now, been categorized as Delta 9 THC. Both are THC compounds; however, there is a difference in the molecule level, how it interacts with your body, and how it feels. Delta 9 THC, in most cases (compared to D8), is seen as a Sativa, whereas Delta 8 THC works just as an Indica. Both THCs come from the Cannabis plants.

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