Is Delta 9 THC Legal in Arizona?

Yes, hemp-derived Delta-9 THC is legal in Arizona, subject to specific conditions and regulations. Here’s a detailed look at the legal landscape in Arizona:

Delta 9 THC and Federal Law

• 2018 Farm Bill: This federal law legalized hemp and its derivatives, including Delta-9 THC, provided the THC concentration does not exceed 0.3% on a dry weight basis.

Arizona State Law

• Arizona State Bill 1098: This bill aligned state law with the 2018 Farm Bill by legalizing the production and sale of industrial hemp and hemp-derived products, including Delta-9 THC, as long as the THC concentration is within the 0.3% limit.

Arizona Smart and Safe Act (Proposition 207) – 2020

• Legalization of Recreational Marijuana: Passed by Arizona voters in November 2020, this act legalized the possession and use of marijuana for adults aged 21 and older. This includes products derived from marijuana with higher THC concentrations than hemp-derived products.
• Regulation of THC Products: The act allows for the sale and use of both hemp-derived and marijuana-derived THC products, provided they adhere to the state's regulatory framework.

Specific Provisions

1. Hemp-Derived Delta-9 THC:

• Legality: Legal if it contains no more than 0.3% Delta-9 THC on a dry weight basis.
• Production and Sale: Regulated by the Arizona Department of Agriculture. Producers must be licensed and comply with testing and labeling requirements to ensure products meet the federal THC limit.

2. Marijuana-Derived Delta-9 THC:

• Legal for Adults: Under the Smart and Safe Act, adults aged 21 and older can legally possess and use marijuana and marijuana-derived products.
• Medical Use: Still legal under Arizona’s medical marijuana program for registered patients.

Summary

Hemp-derived Delta-9 THC is legal in Arizona as long as the THC concentration does not exceed 0.3% on a dry weight basis, in compliance with federal law and state regulations under Senate Bill 1098.

Additionally, the Arizona Smart and Safe Act of 2020 has further established a legal framework for the possession and use of marijuana-derived THC products for adults, making Arizona one of the states with comprehensive cannabis laws. It’s important for consumers and producers to adhere to the testing, labeling, and licensing requirements to ensure compliance with state and federal laws.

ARTICLE 4.1. INDUSTRIAL HEMP

3-311. Definitions

2. “CROP” MEANS ANY INDUSTRIAL HEMP THAT IS GROWN UNDER A SINGLE INDUSTRIAL HEMP LICENSE ISSUED BY THE DEPARTMENT.

3. “GROWER” MEANS AN INDIVIDUAL, PARTNERSHIP, COMPANY OR CORPORATION THAT PROPAGATES INDUSTRIAL HEMP UNDER THIS ARTICLE AND RULES AND ORDERS ADOPTED BY THE DIRECTOR PURSUANT TO THIS ARTICLE.
4. “HARVESTER” MEANS AN INDIVIDUAL, PARTNERSHIP, COMPANY OR CORPORATION THAT IS LICENSED BY THE DEPARTMENT TO HARVEST INDUSTRIAL HEMP FOR A LICENSED GROWER.
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.
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 DRY-WEIGHT BASIS.

3-312. Legislative findings; purpose; authorization

1. THE LEGISLATURE FINDS AND DETERMINES THAT DEVELOPING AND USING INDUSTRIAL HEMP CAN IMPROVE THE ECONOMY AND AGRICULTURAL VITALITY OF THIS STATE AND THAT THE PRODUCTION OF INDUSTRIAL HEMP CAN BE REGULATED SO AS NOT TO INTERFERE WITH STRICT REGULATION OF MARIJUANA IN THIS STATE.
2. THE PURPOSES OF THIS ARTICLE ARE:
3. TO PROMOTE THE ECONOMY AND AGRICULTURE IN THIS STATE BY ALLOWING INSTITUTIONS OF HIGHER LEARNING AND THE DEPARTMENT TO DEVELOP AND REGULATE INDUSTRIAL HEMP AS PART OF AN AGRICULTURAL PILOT PROGRAM FOR THE PURPOSE OF RESEARCH INTO THE GROWTH, CULTIVATION AND MARKETING OF INDUSTRIAL HEMP AS AUTHORIZED BY THE AGRICULTURAL ACT OF 2014 (P.L. 113-79; 128 STAT. 649; 12 7 UNITED STATES CODE SECTION 5940).
4. TO ALLOW THE COMMERCIAL GROWTH, CULTIVATION AND MARKETING OF INDUSTRIAL HEMP IF THE COMMERCIAL GROWTH, CULTIVATION AND MARKETING OF INDUSTRIAL HEMP IS AUTHORIZED BY FEDERAL LAW, WHILE MAINTAINING STRICT CONTROL OF MARIJUANA.

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