Is Delta-8 THC Legal in Arizona?

While recreational marijuana is legal in Arizona, state lawmakers resist legalizing delta-8 THC.

Delta-8 THC flower products in Arizona

Delta-8 derived from hemp plants carrying no more than 0.3% THC is currently illegal in Arizona under state law. This means you cannot legally use, possess, sell, distribute, or produce delta-8 products without the risk of penalty or prosecution. 

However, the law surrounding delta-8 is confusing. Arizona recently legalized recreational cannabis, allowing residents to possess up to five grams of cannabis concentrate. Therefore, it’s possible that marijuana-derived delta-8 is now regulated the same way as recreational cannabis and only permitted for sale in licensed dispensaries.

Delta-10 THC, THC-P, and HHC are also not legally permitted in Arizona.

Summary

  • In Arizona, delta-8 is illegal under state law.
  • The use, possession, sale, distribution, and production of hemp-derived delta-8 is prohibited.
  • You cannot legally purchase delta-8 online or in physical stores, nor can you buy delta-10 or THC-O.
  • Hemp-derived CBD is legal, provided it’s sourced from hemp plants carrying no more than 0.3% THC. 
  • You cannot legally travel into Arizona with delta-8 THC products.

Is delta-8 THC legal in Arizona?

No. Despite having liberal hemp and marijuana laws, delta-8 is not legal in Arizona under state law, following the passage of legislation earlier this year. You cannot legally use, possess, sell, purchase, distribute, produce, or manufacture delta-8 products anywhere in the state without risk of penalty or prosecution. 

Delta-8 THC vape product

Legislative history of delta-8 in Arizona

In 2018, the federal government passed the amended Agriculture Improvement Act (Farm Bill), legalizing hemp carrying no more than 0.3% THC and hemp-derived cannabinoids, terpenes, derivatives, isomers, and salts across the entire United States. It also removed hemp from Schedule I of the federal Controlled Substances Act (CSA). 

Arizona followed suit and legalized hemp and established a hemp pilot program following Senate Bill 1098, signed by Governor Doug Ducey. This bill provided a regulatory framework for hemp growers and cultivators but didn’t specifically mention the legalization of hemp compounds, including delta-8.  

However, the Arizona Controlled Substances Act classifies all tetrahydrocannabinol derivatives, isomers, and preparations as controlled substances, as outlined in 36-2501 from the Arizona State Legislature. This means delta-8 is a prohibited substance with no medicinal value and is open to abuse. 

Is marijuana legal in Arizona?

Yes. Medical and recreational marijuana is legal in Arizona. The state legalized medical marijuana in 2010 following the passage of Proposition 203, allowing licensed physicians a legal avenue to prescribe patients with up to 2.5 grams of marijuana. The first licensed medical marijuana dispensary opened later in 2012. 

Medical marijuana legally cultivated in Arizona

Arizona later legalized recreational marijuana in 2020 following the passage of the voter-approved Proposition 207, also known as the Smart and Safe Arizona Act. Arizona residents can possess one ounce (28 grams) of marijuana and grow six marijuana plants at home. 

Buying delta-8 in Arizona

You cannot legally purchase delta-8 THC online or through retail stores in Arizona. However, there are reports of some stores stocking delta-8 THC products, irrespective of state law. We recommend caution if you plan on purchasing delta-8 from these stores in Arizona. 

Alternative delta-8 products you can legally buy in Arizona

Hemp-derived delta-9 THC products carry less than 0.3% THC by dry weight so they are technically Farm Bill compliant and legal to buy in Arizona. Many users report hemp delta-9 THC is as potent and effective as delta-8 THC. Here are two credible companies that ship hemp delta-9 products to Arizona.

Cornbread Hemp

Legal delta-8 alternative product sold in Arizona

Cornbread Hemp is a credible CBD brand providing some of the highest quality, USDA Organic, and full-spectrum CBD+THC products in the US. The company’s selection of hemp delta-9 products is limited but includes amazing capsules, topicals, gummies, and tinctures. Each product comes in a lower strength, which is perfect for beginners or casual users, and they currently offer products with 1mg or 2mg of THC per serving.

Botany Farms

Hemp delta-9 THC gummies sold in Arizona

Botany Farms is an artisanal CBD and delta-8 vendor offering some of the best delta-8 products currently on the market. They also carry one of the strongest gummies with 10mg of delta-9 THC per serving. The “Farm Bill Compliant” gummies are available to buy online for Arizona residents.

Can you travel to Arizona with delta-8?

No. You cannot travel to Arizona with delta-8 in your possession. As mentioned, delta-8 is an illegal controlled substance and punishable under state law. Possession of delta-8, either at the border or within the state, is a misdemeanor or felony depending on quantity or intent. 

Is delta-10 THC legal in Arizona? 

No. Delta-10 THC derived from hemp plants carrying no more than 0.3% THC by dry weight is not legal in Arizona, nor is THC-O or any other delta-9 THC variant. However, marijuana-derived delta-8 may be regulated the same way as recreational cannabis, but this remains unclear. 

Delta-10 THC is considered a controlled substance. Like delta-8, you cannot legally purchase delta-10 anywhere in Arizona. However, there are reports of some retail stores stocking and selling delta-10 THC products. If you’re planning on purchasing delta-10 products from these stores, we recommend caution. 

Is CBD legal in Arizona? 

Yes. CBD is legal in Arizona, provided it’s sourced from hemp plants carrying no more than 0.3% THC by dry weight. This means the use, possession, sale, distribution, and production of hemp-derived CBD products are permitted within the state. You can also travel into Arizona with hemp-derived CBD products. 

CBD products legally sold in Arizona
CBD products are legal to buy in Arizona. Photo: Papa & Barkley

Legal hemp-derived CBD products in Arizona include:

  • CBD oil
  • CBD capsules
  • CBD topicals (balms, salves, creams)
  • CBD vapes
  • CBD edibles

CBD manufacturers, producers, and marketers don’t require a license from the Arizona Department of Agriculture. Only hemp growers and cultivators are subject to licensing laws. 

Is marijuana-derived CBD legal in Arizona?

Yes. Since Arizona legalized medical and recreational cannabis for adults aged 21+, marijuana-derived CBD is perfectly legal in Arizona, meaning its use, possession, sale, purchase, distribution, and production are permitted under state law. However, possession limitations apply. You can only carry 1 ounce (28 grams) of marijuana-derived CBD at one time. 

Upcoming legislation in Arizona that could change delta-8’s legality?

Currently, there is no upcoming legislation that could change delta-8’s legality in Arizona. However, with cannabis now legal in the state, we expect delta-8 to be regulated by the Arizona Department of Health and sold in licensed dispensaries the same way as recreational marijuana. If or when this happens is anyone’s guess. 

Related: Which states have banned delta-8 THC?

Closing thoughts: The future for delta-8 THC in Arizona

The legality of delta-8 THC products in Arizona is confusing. 

On the one hand, all tetrahydrocannabinol derivatives, isomers, and preparations are listed as state-controlled substances carrying significant penalties if caught using, possessing, purchasing, distributing, producing, or manufacturing them.

On the other hand, medical and recreational cannabis is legal, meaning marijuana-derived tetrahydrocannabinols, including delta-8, are permitted. 

We hope state lawmakers revise Arizona’s laws to permit marijuana-derived sales through licensed dispensaries.