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Delta-8 Illegal to Sell in Arizona Without A Cannabis Dispensary License


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Arizona Hemp

Arizona Attorney General Kris Mayes recently clarified the legality of hemp-derived substances in Arizona via an official opinion.

The AG was asked: “Does Arizona law permit an entity that is not appropriately licensed by the Arizona Department of Health Services (“Health Services”) to sell products containing hemp-synthesized intoxicants like delta-8 tetrahydrocannabinol (“THC”), delta-10 THC, or any other product that has been synthetically converted from naturally occurring cannabidiol (“CBD”) or other cannabinoids into intoxicating substances?”

AG Mayes’ response to the question was: “No, Arizona law does not permit the sale of delta-8 and other hemp-synthesized intoxicants by entities that have not been licensed by [Arizona Department of] Health Services. Irrespective of delta-8’s arguable federal legality under the 2018 Agriculture Improvement Act (“Farm Bill”), Arizona continues to define and regulate “industrial hemp” in a manner that precludes the sale of hemp-synthesized intoxicants in convenience stores, smoke shops, and other unlicensed locales.”

Read the AG’s full opinion here.


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Arizona legalized marijuana for recreational use in November 2020. The law allows adults aged 21+ to purchase, possess and use cannabis. State-licensed cannabis dispensaries began selling recreational marijuana in early 2021. There are over 150 dispensaries in Arizona — a majority of them are in populous areas such as Phoenix, Tucson and Flagstaff. Recreational cannabis delivery services began operating in 2024.  


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