Is Delta-8 THC Legal in Arizona?

No, Delta-8 is ILLEGAL in Arizona

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What is Delta-8 THC?

Delta-8 THC is a natural, psychoactive cannabinoid that is found in marijuana plants. The chemical structure of delta-8 THC resembles the most commonly known tetrahydrocannabinol (THC), which is delta-9 and cannabidiol (CBD). However, there are big differences between delta-8, delta-9, and CBD. It is important to understand these differences so you can find the right products for your needs.

What is the Difference Between CBD and Delta-8 THC?

 Many people are turning to cannabis for medical purposes. However, not all cannabis products are created equally. It's important to know the differences between cannabinoids. Cannabinoids are compounds that have medical effects on the body when ingested. CBD is non-psychoactive and doesn't cause any high, unlike delta-8 THC which is much stronger. However, delta-8 is still not as strong as delta-9 THC, the most commonly known psychoactive agent of marijuana.

How is Delta-8 THC Related to Cannabis and Hemp? 

Cannabis is an umbrella term for several different species of the Cannabis genus, a type of flowering plant. The three main species are Cannabis sativa, Cannabis indica and Cannabis ruderalis. Each type has its own unique qualities that make it a favorite among growers for specific purposes such as pain relief or relaxation at night before bedtime. The chemical makeup varies from strain to strain with some strains having higher levels of THC than others.

The Farm Bill has officially legalized hemp-derived products containing small amounts of THC, and with that comes the legalization to delta-8. However, many states are beginning to create a legislative and regulatory framework, some of which have resulted in bans on delta-8 at the state level.

Why Did Arizona Ban Delta-8 THC?

There are many reasons states are beginning to ban the production and sale of delta-8. For some states, it is because psychoactive compounds from cannabis remain illegal while for others like those where recreational marijuana is legal, there's a fear that this will create competition with their fledgling businesses--especially since there doesn't seem to be any current regulatory framework in place specifically addressing these products .

As of 5/2021, delta-8 THC is ILLEGAL in Arizona under R3-4-1001.

The law reads as follows:

R3-4-1001. Definitions

In addition to the definitions provided in A.R.S. §§ 3-201, 3-311, and A.A.C. R3-4-101, the following terms apply to this article.

“0.300%” shall have the same meaning as 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 that has 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.

With additional information under Title 3 Agriculture. CH. 2, ART. 4.1.

3-311. Definitions

In this article, unless the context otherwise requires:

2. “Crop” means any industrial hemp that is grown under a single industrial hemp license issued by the department.

5. “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 excludes any product made to be ingested except food made from sterile hemp seed or hemp seed oil.

6. “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 pursuant to this article.

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 dryweight basis.

8. “Industrial hemp site” means the location in which a grower, harvester, transporter or processor possesses a crop, a harvested crop or hemp seed.

With additional information addressed in Title 36.2501:

A. In this chapter, unless the context otherwise requires:

2. “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 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 (T.H.C.), or of such plants from which the resin has not been extracted.

With additional information addressed in Title 36.2512:

36-2512. Substances in schedule I

A. The following controlled substances, unless specifically excepted, are included in schedule I:

3. 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 the purposes of this paragraph, “isomer” includes the optical, position and geometric isomers):

(w) Cannabis, except the synthetic isomer of delta-9-tetrahydrocannabinol.

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