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January 11, 2023
Delta 8

Is Delta-8 Legal in Arizona?

Living or hanging out in the Grand Canyon State and wondering about delta-8? Good news! Delta-8 THC is legal in Arizona already, along with most cannabis products! But the law is a little complicated, so here’s the scoop on the legality of delta-8 THC in Arizona:

  • Hemp-derived delta-8 is legal in Arizona.
  • In Arizona, you can possess, distribute, use, sell, and produce delta-8 cannabis products legally.
  • Other delta-9 isomers such as HHC, THCP, THC-O, and delta-10 THC have the same legal status, as long as they are derived from legal hemp plants.
  • Hemp-derived CBD (cannabidiol) and other cannabinoids are legal in Arizona.
  • Arizona has a legal medical marijuana program, so marijuana-derived products are legal as part of it for qualified patients.
  • Recreational adult-use marijuana is finally legal in Arizona, too!
  • Cannabis delivery is available in Arizona, but only for medical marijuana patients.

Read on to learn more about the legality of delta-8 THC in AZ (Arizona)! (Looking for AR (Arkansas)? [link]

What Is Delta-8 THC?

The Cannabis sativa plant naturally produces many cannabinoids, including delta-8 tetrahydrocannabinol (THC) and classic delta-9 tetrahydrocannabinol or delta-9 THC, the most abundant cannabinoid found in the cannabis plant. The two cannabinoids are known to produce  similar effects because they resemble each other structurally.

Most standard cannabis carries an abundance of delta-9 THC. However, delta-8 THC occurs only in trace amounts in the industrial hemp plant. This is why most manufacturers and brands start with CBD and use a process to convert it to delta-8 THC in a lab.

Delta-8 THC produces lighter psychoactive effects and less of the usual cannabis side effects because it is a delta-9 THC isomer. Both cannabinoids have carbon atom chains, but delta-8 THC has a double bond on the ninth carbon, unlike delta-9 THC which has it on the eighth carbon. This change in the position of the double bond is why delta-8 THC produces milder intoxicating or “high” effects.

Is Delta-8 THC Legal in Arizona?

Yes. The 2018 Agriculture Improvement Act (also called the Farm Bill) changed the legality of delta-8 THC products under both Arizona state and federal law. In the Senate, bill changes and oversight take place every five years; the next version of the Farm Bill is set to be adopted in 2023. No substantive changes to legalized hemp are anticipated.

For hemp-derived delta-8 THC to be legal under federal law, source hemp plants must include less than 0.3% dry weight THC. At the federal level, cannabis plants with over 0.3% THC are considered controlled substances and illegal.

This status has made the state of Arizona an exception among western states such as California, Alaska, and Colorado that have at least moved to restrict cannabinoids such as delta-8, but have been more liberal with cannabis generally. It has also placed it in a more seemingly “liberal” position than bluer states such as New York—something unusual for Arizona policy.

However, Arizonans tend to value freedom and civil liberties and resist regulations, and this is the basis for the law.

In November 2020, statutory provision Proposition 207, called the Safe and Smart Act, became law in Arizona. This legalized personal adult-use marijuana. Prop 207 can be found in Arizona Revised Statutes (A.R.S.) Title 36, Chapter 28.2.

This voter initiative allows adults over 21 to buy, possess, process, or transport 1 ounce or less of marijuana or 5 grams or less of marijuana concentrate. It also removed THC from the state’s Schedule I of the Controlled Substances Act.

The Arizona Department of Health Services (ADHS) regulates and licenses cannabis growing, sales, and testing facilities in Arizona. The Arizona Department of Revenue (ADOR) collects excise tax (state only) and transaction privilege tax (state, counties, and local) on adult use marijuana sales, but not medical sales. The Arizona Department of Agriculture was tapped to administer the new industrial hemp program for the state.

These changes kept the medical cannabis law in line with federal law and the Farm Bill. It also allowed Arizona law to make not just delta-8 but all other cannabinoids, flavonoids, terpenes, derivatives, isomers, and salts from hemp plants legal.

What About Medical Marijuana?

Yes, it’s legal. The Arizona Department of Health Services (ADHS) administers the state’s medical marijuana program and most other public health services.

Arizona Revised Statutes (A.R.S.) § 36-2801 defines “medical use” of marijuana as “… the acquisition, possession, cultivation, manufacture, use, administration, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient’s debilitating medical condition or symptoms associated with the patient’s debilitating medical condition.”

The statute goes on to define “qualifying patient”[A.R.S. § 36-2801(15)], as a “person who has been diagnosed by a physician as having a debilitating medical condition.”

Finally, A.R.S. § 36-2801 defines debilitating medical conditions as follows:

  1. Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease or agitation of Alzheimer’s disease or the treatment of these conditions.
  2. A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
    1. Cachexia or wasting syndrome.
    2. Severe and chronic pain.
    3. Severe nausea.
    4. Seizures, including those characteristic of epilepsy.
    5. Severe and persistent muscle spasms, including those characteristic of multiple sclerosis.
  3. Any other medical condition or its treatment added by the department pursuant to section 36-2801.01.

What About Recreational Cannabis?

Yes! In Arizona, adults 21 or older can possess, consume, buy, manufacture by manual or mechanical means, including sieve or ice water separation [think bubble hash] but excluding chemical synthesis or extraction [so no home butane labs], process, or transport one ounce or less of marijuana.

In Arizona, no more than five grams of your cannabis can be in concentrate form extracted from marijuana plants, such as shatter, wax, or oil for vape pens or carts. See A.R.S. § 36-2852(A)(1) Possession of more than 1 ounce is a petty offense for cases involving less than 2.5 ounces with a civil penalty of not more than $100.

Cannabis is regulated like alcohol in Arizona, and it remains illegal for anyone under the age of 21 to consume or possess marijuana under the recreational marijuana laws of the state. It is a crime to distribute alcohol or cannabis to a minor.

What Types of Delta-8 Products are Legal in Arizona?

The range of delta-8 products that exist on the market are similar to CBD, recreational cannabis, and hemp products. They include delta-8 gummies, distillate, beverages and other edibles, tinctures, vape carts, and more. Their THC content varies, although most high-quality products will provide details and proof that they are third-party lab-tested.

Of course, like other natural supplements, delta 8 THC products are not regulated by the US Food and Drug Administration (FDA). Become a label reader with all forms of THC and other natural products!

What About Cannabis Delivery?

Arizona is the land of long drives and, in the cities, bad traffic. Delivery is huge here in the urban areas. But what about cannabis?

Only medical marijuana patients can get cannabis delivery in Arizona right now. It’s a big reason some patients still renew their cards—although it’s not cheap. But not everyone can afford to participate.

Remember, right now under Arizona state laws, you can buy third-party tested delta-8 THC products derived from federally compliant hemp plants with less than 0.3% THC on a dry weight basis. That way you get delta-8 THC gummies delivered right to your door! Problem solved.

Where to Buy Delta-8 THC Products in Arizona?

You can buy delta-8 THC online and in brick-and-mortar dispensaries and retailers across Arizona. There are obviously plenty of options in big cities like Phoenix, Scottsdale, Tempe, and Tucson.

But especially if you’re looking for the best delta-8 products, we always recommend buying online. These vendors offer more rigorous standards, higher quality, and the best delta products overall.

Legal disclaimer: This product may cause you to fail a THC drug test. The Food and Drug Administration (FDA) has not evaluated these statements. All products contain less than 0.3% Δ9THC. Do not take if pregnant or nursing. This product is not intended to diagnose, cure, treat, or prevent any illness or disease. Always check with a healthcare provider before consuming new products. Keep out of reach of children.