Is CBD Legal in Arizona? Everything You Need to Know
Cannabidiol, or more commonly known as CBD, has taken the world by storm in recent years with its potential therapeutic benefits. But before you can reap the rewards of trying out this highly-touted cannabis derivative, you'll want to find out if it's legal where you live.
So…is CBD legal in Arizona? Here's everything you need to know about the legality of CBD in the Grand Canyon State.
What is CBD?
CBD is a cannabinoid found within both cannabis and hemp plants. It does not have any psychoactive effects—unlike its counterpart THC—which means that using it won't get anyone high or impair their cognitive functions. While its full range of effects are still being studied and understood, early clinical trials have shown that it might help with a range of issues from inflammation, pain and anxiety to spasticity.
What is CBD oil?
CBD oil is created when cannabinoids are extracted from either hemp or marijuana plants and are then suspended in a carrier oil. The amount of CBD oil within each solution can vary drastically. CBD oil is often used for easing a range of health issues, as well as general wellness, and the ongoing research is revealing it to be more and more potent.
Is CBD Legal in Arizona?
Yes, hemp-derived CBD products are legal in Arizona provided that they contain .3% or less THC content according to Senate Bill 1098 which was passed shortly after the 2018 Farm Bill. However, marijuana derived CBD is illegal unless the user has a medical marijuana card issued by the state. At present, only medical cannabis dispensaries are legally permitted to sell cannabis derivative products such as edibles, topicals and tinctures in the state of Arizona.
Testing Requirements
In the state of Arizona, it is mandatory for all CBD products physically sold within its borders to undergo testing to ensure purity and potency. These tests must be conducted by an accredited laboratory that has been approved by the Arizona Department of Agriculture (AZDA). All results must be submitted to AZDA before any product can be legally sold within the state's borders.
The Ingredients
It's important to pay attention to what's inside your CBD oil. Some bundles might claim to be 'CBD-rich' but actually contain other substances such as terpenes, essential oils and flavonoids. Or use hemp seed oil, which does not contain any CBD. To get the most from your CBD oil make sure you read the label carefully and look for anything that could interact with any medications you might be taking.
The Amount of THC
In accordance with Arizona law, no CBD products are allowed to contain more than .3% THC content. If a product is proven to have more than this amount, it will be deemed illegal for sale within the state. This includes both hemp and marijuana derived products, so it's imperative to buy from reputable suppliers when purchasing CBD goods in Arizona.
The Lab Analysis
It is compulsory for all CBD products sold in Arizona to undergo lab testing before they can be made available to customers. These tests should ensure that the content of each product meets the legal requirements set out by AZDA—namely that it contains no more than 0.3% THC content—as well as making sure that other unwanted and potentially hazardous ingredients have not been used.
CBD Product Labeling Requirement in Arizona
The state of Arizona doesn’t have a specific labeling requirement for CBD products. The federal Food And Drug administration guidelines for labeling however, still apply and must be adhered to. According to the FDA:
- Suggested Use
- The product's expiration date
- Exact amount of active CBD and THC in the product
- Any other ingredients in the product
- Manufacturer or distributor name and contact details
- Whether the product is isolated, full-spectrum, or broad-spectrum
- Clearly marked dosage information and any other relevant warnings
Arizona Department of Agriculture’s (AZDA) Agricultural Pilot Program
The AZDA launched its agricultural pilot program in 2019 in order to promote the state's economic growth and development through industrial hemp production and sale . This program was created with the aim of making it easier for farmers to access all necessary permits, protocols, resources and technical knowledge needed for them to start cultivating hemp as a cash crop due to its highly lucrative nature.
Is CBD Oil legal in Arizona?
Yes, hemp-derived CBD oil is legal in Arizona provided that it contains less than 0.3% THC content. This means that hemp derived CBD oil is available to purchase without a medical marijuana card. However, it is important to buy from reputable suppliers; all products should undergo lab testing before they can be legally sold within state lines.
Can I Buy CBD in Arizona?
Yes, you can purchase hemp-derived CBD oil in Arizona as long as it contains less than 0.3 % THC content and complies with the state's labeling regulations. There are no restrictions on who can buy these products, meaning that buyers of any age can access them without having a medical marijuana card.
What are Arizona CBD Laws in 2023?
In 2020, Arizona passed SB 1098, which amended the existing health laws to make Hemp and hemp related CBD products legal for purchase without a medical marijuana card or prescription. This means that all hemp-derived products will be widely available from different stores throughout the state, making it easier to access quality CBD oil and other hemp based goods in Arizona.
Arizona Laws for Hemp-Derived vs Cannabis-Derived CBD
The main difference between hemp-derived CBD and cannabis-derived CBD are their potency and amount of THC content. While hemp-derived has only trace amounts (less than 0.3%) of THC—which is legally allowable everywhere in the US—cannabis derived will likely contain high levels of this psychoactive compound. As such, people must hold a valid medical marijuana card in order to access cannabis-derived CBD products legally in Arizona.
Conditions to Purchase or sell CBD oil in Arizona
To purchase or sell hemp-based CBD products in Arizona, the buyer or seller must abide by the existing laws outlined within SB 1098. These include mandatory laboratory testing and dosage labeling of all hemp-derived products so that consumers are made aware of their potency and THC content before they purchase them. Furthermore, it is illegal to sell any form of cannabis derived products without a valid medical marijuana license.
Licensing Requirements for CBD in AZ
Retailers who wish to cultivate, harvest, store, and sell hemp or hemp derived products (including CBD oil) must obtain a Hemp Manufacturing License from the AZDA or an Accredited Laboratory License if they want to test their own product samples.
These licenses can be obtained either through the state's online licensing system or by visiting one of the approved locations listed on the AZDA website. An Industrial Hemp Application must be submitted with the following requirements:
- Correct information about the said business and other necessary information and documents
- Annual licensing fee, which can be paid online or via checks to the AZDA. The fee varies according to your needs and the kind of license you want.
- Hemp transporter: $100
- Hemp harvester: $100
- Hemp nursery: $650
- Hemp grower: $1,000
- Hemp processor: $2,000
It is also important for retailers to make sure that all of their CBD products come with a 'Use By' statement clearly marked on their packaging.
Are There Any Possession Limits for CBD In Arizona?
According to Arizona law, there is currently no possession limit for residents when it comes to CBD Oils or any other products which contain hemp derived CBD (cannabidiol). There is a possession limit for cannabis/marijuana derived products, which is 2 fluid ounces in the span of 14 days. Which means a patient with a medical marijuana prescription can possess 2.5 ounces over 14 days. Adults (21 years or older) can legally purchase up to 1 ounce (28 grams) of cannabis derived products.
Any purchase after that must be from a licensed dispensary and is covered under the scope of Proposition 203 (Arizona's Medical Marijuana Act). This means that each purchase must contain no more than 2.5 grams of THC content—the legal limit set out by the state.
Marijuana edibles are limited to 10mg/edible and an upper limit of 100mg/packet of edibles.
Marijuana Possession Penalties In Arizona
It is illegal to possess more than 1 ounce, which is 28 grams of marijuana, for any adult and any quantity above this is considered a punishable offense by the state. Those found to be in violation of this law can face criminal charges, including a prison sentence of up to thirty-six months and a fine of up to $150,000.
A quantity of 1 ounce to 2.5 ounces is considered a ‘petty offense’ or misdemeanor which does not attract felony charges or incineration(incarceration) but can attract a penalty of $300. What if the quantity is more than 2.5 ounces? Here’s a breakdown:
- More than 2.5oz but under 2lbs: imprisonment of 6 months to 18 months (1.5 years) and a levied fine of $150,000
- More than 2lbs but under 4lbs: imprisonment of 9 months to 24 months (2 years) and a levied fine of $150,000
- More than 4lbs: imprisonment of 18 months to 36 months (3 years) and a levied fine of $150,000
It is also illegal to buy or sell cannabis derived products from anyone besides an approved dispensary, if those products contain any THC levels above .3%. You can find out a more detailed breakdown about limitations on sale of cannabis products here.
Can Doctors Prescribe CBD Oil & CBD Products in Arizona?
You do not need a prescription to purchase hemp-derived CBD oils and products in the state of Arizona. As for cannabis and cannabis derived CBD oils and products, Arizona state laws permit doctors to prescribe CBD oil — or any form of cannabis derivative if a patient is suffering from a “debilitating health condition”. Which is defined as per the law under A.R.S. 36-2801 as:
(a) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease or agitation of Alzheimer's disease or the treatment of these conditions.
(b) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
(i) Cachexia or wasting syndrome.
(ii) Severe and chronic pain.
(iii) Severe nausea.
(iv) Seizures, including those characteristic of epilepsy.
(v) Severe and persistent muscle spasms, including those characteristic of multiple sclerosis.
Why is CBD Illegal in Some States But Not Others?
The legality of cannabidiol (CBD)—and other forms of cannabis derivative products—varies drastically across different states in America due to varying state laws and legislations. In some states including Arizona, both hemp-derived and marijuana-derived CBD are legally available depending on the consumer's age and limits set out by the state's laws.
What is the future of CBD oil in Arizona?
The future looks bright for CBD oil in Arizona as the state continues to embrace its potential therapeutic benefits for both people and pets. Currently, it is legally available without a medical marijuana card, provided that it does not contain any THC levels greater than 0.3%. Introductions such as Proposition 203 (Arizona’s Medical Marijuana Act) and SB 1098 will continue to help shape the market by ensuring that only high-quality hemp-derived CBD products are made available to consumers—making it easier than ever before to buy quality CBD oils within the state's borders.
How Did The Farm Bill Help Industrial Hemp?
We have to start with the basics. Both hemp and marijuana are types of cannabis, but they are distinctly different plants. For years, there had been a debate about whether or not the two should be classified as one in the same plant.
Hemp is a plant that is grown to be primarily used for industrial purposes. The plant has been around since approximately 10,000 B.C., but during this time it has not seen much use as a recreational drug.
The first hemp plantation in the United States was grown during the Colonial Era. It was used to make rope and sails for ships as well as clothing. Surprisingly, hemp was grown even by George Washington. The plant has been a huge part of American history, but it did not gain its popularity until after World War II.
The rise in popularity of the plant was due to its usefulness. Hemp fiber is stronger and more durable than cotton fiber, making it an excellent source for clothing.
By the 1950s, hemp was no longer popular and it became increasingly difficult to grow due to a lot of different factors, including its association with marijuana and the growing regulation of hemp and cannabis which began as early as 1906 with Pure Food and Drug Act. This culminated with The Marijuana Tax Act of 1937 and these factors combined led to a decline in industrial hemp production.
In 2018, the US Congress passed the 2018 Farm Bill which made hemp—an industrial variety of Cannabis sativa plant—legal when cultivated according to certain federal regulations. Effectively removing it from the list of controlled substances.
It was initially banned by President Nixon in 1970 when he signed the Controlled Substances Act into law. This means that for around half a century many Americans could not grow this plant or use its products without facing prosecution under federal legislation.
This was great news for many states including Arizona as it allowed them to start production and sale of hemp-derived CBD products on a much wider scale. As a result, they could now enjoy large profits from producing the highly lucrative substance, enhancing their economic development as well.
Many people who were in jail or prison are there for cannabis-related charges. By legalizing hemp, the pressure on our police force was also lessened and thus freeing up resources for more serious crimes.
Proposition 203 (Arizona’s Medical Marijuana Act)
In 2020, Arizona passed Proposition 203 which allowed people to legally access medical cannabis and related products such as cannabis oils and edible goods without the need for a medical marijuana card. This amendment to existing state legislation opened the doors to patients who may have otherwise not had access to the therapeutic benefits of CBD, expanding the potential market within Arizona exponentially.
SB 1098
SB 1098 was created in 2020 in order to regulate the manufacturing, labeling, testing and sale of hemp-derived CBD products in Arizona. This wide-reaching piece of legislation includes a variety of stipulations that manufacturers must abide by if they wish to make their product available within state lines—including mandatory lab analyzation and dosage information on labels—ensuring that buyers can access safe and quality CBD oil within Arizona's borders.
Order CBD Oil Online
Due to Arizona's relatively low restrictions on the sale of hemp-derived products, it is possible for people living in the Grand Canyon State to buy CBD oils online from reputable companies. Not only does this provide you with a much wider selection when compared with your local dispensary, but it can also save you time as orders are processed quickly and delivered right to your door.
Key Takeaways on Buying CBD Oil in Arizona
Arizona is one of many states that has legalized the purchase and sale of both hemp-derived and cannabis-derived products (as long as certain restrictions are met). As such, manufacturers must submit their products for testing before they can be sold legally within state borders—ensuring purity and potency readings are up to standard.
Arizona residents can directly purchase hemp-derived CBD products both online and offline as there are currently no restrictions in the state.
Arizona residents need only supply a government-issued ID or license which allows consumers over the age of 21 to buy cannabis and cannabis-derivatives.
When buying online, select products that are produced by reputable sources and contain no more than 0.3 percent THC to comply with federal law. As long as you take this essential step, you can rest assured that your CBD oil will be within legal parameters and arrive at its destination safe and sound.
