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CBD Education

Is Delta 8 THC Legal In Arizona? D8 Legality By State in 2023

Is Delta 8 THC Legal in Arizona?

Delta-8 THC, also known as Delta-8 Tetrahydrocannabinol happens to be one of the numerous minor cannabinoids within cannabis and hemp plants. And in the state of Arizona, Delta-8 THC also referred to as D8 THC containing more than 0.3% of THC is illegal within the state. Anyone with such products stands the risk of paying a penalty or undergoing prosecution. 

However, Arizona’s laws surrounding the cannabinoid isn’t exactly clear. The state recently legalized recreational cannabis, allowing its residents to possess cannabis concentrate of up to five grams. Hence It feels like marijuana-derived delta-8 is coming under a similar regulation to what recreational cannabis has making it permissible for sale from licensed dispensaries. 

Exploring Arizona’s History with Cannabinoids 

Beyond D8 THC, it is important to explore Arizona’s history with other cannabinoids.

  • CBD – At the time of writing, CBD is legal in Arizona as long as it is sourced from hemp plants containing no more than 0.3% THC by dry weight. This makes all CBD within the aforementioned category legal to possess, sell and distribute within the state. Marijuana based CBD is also permitted within the state ever since the state legalized the use of mecial and recreational cannabis for residents aged 21 and over. This means that you are free to use, sell, buy and distribute the cannabinoid under state law. However, there are restrictions on possession. The limit is an ounce of CBD from marijuana at a time.
  • Marijuana – At the moment, both medical and recreational marijuana is completely legal in the state of Arizona. The move to legalize marijuana came in 2010 following the approval of Proposition 203 which allowed licensed physicians a way to prescribe patients with up to 2.5 grams of marijuana. in 2012, the state saw the opening of the first licensed medical marijuana dispensary within its borders. And 10 years later, recreational marijuana was legalized following the passing of the voter-approved Proposition 207 which would later be known as the Smart and Safe Arizona Act. Residents are free to possess one ounce of marijuana and grow up to six marijuana plants at home.
  • Delta-10 THC – Currently, D10 THC and other cannabinoids like THC-O, D9 THC aren’t legal in Arizona. However, D8 THC from marijuana could have regulations the same way regular cannabis does. However, it is unsure if this will happen. D10 THC is a controlled substance and like D8 THC, is not available for purchase anywhere in the state. 

Legal History of Delta-8 In Arizona

In 2018, the federal government passed an amended Agriculture Improvement Act known as the Farm Bill 2018. This legalized hemp that contained no more than 0.3% THC which also includes hemp-derived cannabinoids, terpenes, isomers, salts and derivatives across the country. Hemp is now off the Schedule 1 list. 

The state followed suit and legalized hemp within its borders before establishing a hemp pilot program following Senate Bill 1098. The bill was helpful in providing a regulatory framework for hemp growers and cultivators. However, it failed to specifically mention the legalization of hemp compounds which includes Delta-8.

However, the state’s-controlled substances act labels all tetrahydrocannabinol derivatives, preparations and isomers as controlled substances. This information is within 36-2501 from Arizona State legislature. Which means the cannabinoid is a prohibited substance with no medicinal value and open to abuse. 

So, is delta-8 THC legal in Arizona?

The short answer is no. Despite the state’s liberal laws concerning marijuana, the cannabinoid is not legal in the state. Residents cannot legally use, possess, sell, purchase, distribute, produce, or manufacture delta-8 products anywhere Arizona. If they do, they risk penalty or prosecution. 

We hope this blog helps you understand up-to-date information on whether or not Delta-8 THC is legal in the state of Arizona!

Got more cannabis questions? Visit the rest of our blog here!

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Arizona’s Hemp Program pg. 


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