Arizona’s Vague and Baffling Marijuana Edibles Law

Arizona Department of Health Services Director Will Humble said the Arizona Medical Marijuana Act clearly states that those authorized to sell and use marijuana for medical reasons need not smoke it because marijuana-infused food products (edibles) are legal.

Mr. Humble recently warned that medical marijuana soda pop or hard candies bought in state licensed dispensaries could still get you (and the dispensary owner who sold it to you) arrested.

Mr. Humble stated that the law is designed to require that edibles contain actual pieces of the marijuana plant. Anything that contains just the extract is a felony in Arizona.

Preparation of edibles such as brownies, sodas or candies are left to dispensaries to legally produce and package. Mr. Humble said the Arizona medical marijuana statute very clearly says that only “useable marijuana” is protected by state law and not the extracts without the plant.

In other words, someone with a medical marijuana card could legally make or possess a tea bag with marijuana, but possessing the brewed tea in a bottle with zero plant material could be a felony.

Will Humble, in a blog posting, stated that “We’re developing guidance to clarify these issues for licensed dispensaries. The guidance will provide clarity regarding extraction processes for mixing and/or preparing edibles and liquid suspensions from the dried flowers of the marijuana plant. We expect to have the guidance by mid-September.”