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Is Delta 9 THC Legal to Buy in Arizona?

Written By : Trevor Baum
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🕑 9 mins read
Is Delta-9 THC Legal in Arizona

Yes, Delta-9 THC is legal in Arizona. You can legally buy Delta-9 THC products as long as they're hemp-derived and meet the federal criteria of less than 0.3% THC on a dry weight basis.

Delta-9 THC can be derived from both marijuana and hemp, which are different varieties of the same plant species.

But what is the legal status of delta-9 THC in Arizona? Can you buy, possess, or use it without breaking the law? Are the laws different when it comes to hemp-derived and marijuana-derived THC?

In this blog post, we will answer these questions and more.

Delta-9 THC and Federal law

According to the 2018 Farm Bill, hemp and its derivatives, including delta-9 THC, are federally legal in the United States. Delta-9 THC products are federally legal in the USA.

The 2018 Farm Bill removed hemp and its derivatives, including delta-9 THC, from the definition of marijuana in the Controlled Substances Act (CSA), as long as they contain no more than 0.3% delta-9 THC on a dry weight basis.

This means that hemp and hemp-derived products, such as CBD, CBN, and CBG products can be produced, sold, and transported across state lines.

Their source should be industrial hemp, which is specifically cultivated for high CBD and low THC content.

The Farm Bill leaves the authority with the states to regulate hemp production and commerce within their borders. States can impose their own restrictions or regulations on hemp products, such as requiring licenses, testing, or labeling.

Arizona State Bill 1098

Senate Bill 1098 in 2018 was signed by Governor Doug Doocy which legalized industrial hemp in Arizona and set up a state hemp program, while also ratifying the farm bill 2018.

This Arizona hemp law laid out a comprehensive framework for cultivation, production, and use of hemp and hemp extracts in the state.

On the other hand, marijuana is defined as cannabis that contains more than 0.3% THC by dry weight. Marijuana derivatives, including delta-9 THC, are federally illegal in the United States.

Some states have legalized marijuana for medical or recreational purposes, either by legislation or by voter initiative, that includes Arizona.

Arizona Smart and Safe Act 2020

This is a voter initiative (Proposition 207) that appeared on the November 3, 2020 Arizona general election ballot and passed with about 60% of the vote. The act allowed the legalization, taxation, and recreational use of cannabis in Arizona. Some of the key provisions of the act are:

  • Adults 21 and over can lawfully possess and use up to one ounce of marijuana or five grams of marijuana concentrate, as well as up to six marijuana plants at their primary residence.
  • A 16% excise tax is imposed on the retail sale of marijuana and marijuana products, in addition to the sales tax.
  • The Arizona Department of Health Services is responsible for regulating and licensing marijuana businesses and products.
  • Some people can petition a court for an order to seal their marijuana-related criminal records if they meet certain eligibility criteria.

The ADHS licenses and regulates marijuana businesses and products in Arizona. The ADOR collects the state excise tax and the transaction privilege tax (charged by the state, counties, and cities) on recreational marijuana sales.

Just like industrial hemp and its derivatives, marijuana and its derivatives are legal for both medical and recreational use in Arizona.

Delta-9 THC Possession Limit in Arizona

Delta-9 THC is legal in Arizona as long as derived from industrial hemp and is federally compliant. You can purchase hemp-derived delta-9 if you’re 21 years of age or older.

For marijuana-derived Delta-9 THC, here are some additional laws you should know about regarding the possession limits in Arizona:

  • If you are 21 or older, you can have, use, carry, make, or give away up to one ounce of marijuana or five grams of marijuana concentrate to another person who is 21 or older. (Section 36-2852, A)
  • If you are 21 or older, you can grow or process up to six marijuana plants for your own use at your home. If you live with another person who is 21 or older, you can have up to 12 plants at your home. (Section 36-2852, B)
  • If you are 21 or older, you can have, use, carry, make, or give away things that are used to grow, make, process, or use marijuana. (Section 36-2852, C)
  • There is a 16% tax on the price of marijuana and marijuana products when a marijuana store sells them to anyone who is not a marijuana store. (Section 42-5452, A)
  • If you were arrested, charged, judged, or sentenced for a crime related to marijuana that was a felony, misdemeanor, or petty offense, you can ask the court to erase the record of that crime. (Section 36-2862, B)

Arizona Hemp Farming Act

Sec. 3 Definitions

  1. "CROP" MEANS ANY INDUSTRIAL HEMP THAT IS GROWN UNDER A SINGLE

INDUSTRIAL HEMP LICENSE ISSUED BY THE DEPARTMENT.

  1. "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.
  2. "HARVESTER" MEANS AN INDIVIDUAL, PARTNERSHIP, COMPANY OR CORPORATION THAT IS LICENSED BY THE DEPARTMENT TO HARVEST INDUSTRIAL HEMP FOR A LICENSED GROWER.
  3. "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.
  4. "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.
  5. "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.

THE PURPOSES OF THIS ARTICLE ARE:

  1. 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).
  2. 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.

You can buy THC products in Arizona in local health stores or shop online from reputed online brands.

The best place to buy delta-9 THC products in Arizona is online from a reputable hemp retailer that has a strong reputation and offers lab-tested, fully legal delta-9 products in various forms, flavors, and strengths. Online shopping has many advantages, such as:

  • Lower prices due to lower overhead costs and more competition
  • More options and choices of products
  • Easy access to information and reviews
  • Convenience and privacy of ordering from your home
  • Fast and discreet delivery to your doorstep

Online Hemp and Delta 9 Stores

Online stores are the easiest and most convenient way to buy delta-9 THC products in Arizona. You can browse through a wide range of options, compare prices and reviews, and order from the comfort of your home.

However, not all online stores are trustworthy, reliable, or compliant with the federal and state laws and regulations on delta-9 THC. That's why you should follow some tips to find the best online stores for delta-9 THC products in Arizona. Here are some of them:

  • Look for online stores that have a Certificate of Analysis (COA) from a third-party lab for their delta-9 THC products. This will show you the potency, purity, and legality of the products.
  • Look for online stores that have a good reputation and positive reviews from previous customers. You can also check their social media accounts, blogs, or forums to see what others are saying about them.
  • Look for online stores that have a clear and transparent return policy, shipping policy, and customer service. This will ensure that you can get your money back, track your order, and contact them if you have any issues or questions.
  • Look for online stores that have a secure and user-friendly website, with easy navigation, checkout, and payment methods. This will make your online shopping experience smooth and hassle-free.

Hemp-Derived Delta-9 THC in Arizona

Hemp and hemp-derived CBD products are legal in Arizona under Senate Bill 1098, passed in 2018. The state law defines hemp as cannabis with less than 0.3% delta-9 THC by weight and excludes any product made to be ingested, except food made from sterile hemp seed or hemp seed oil, from the definition of a hemp product.

This means that hemp-derived delta-9 THC products that are not made to be ingested, such as topicals, tinctures, or capsules, are legal in Arizona, as long as they contain less than 0.3% delta-9 THC by weight. However, hemp-derived delta-9 THC products that are made to be ingested, such as gummies, candies, or beverages, are likely prohibited in Arizona, as they are not considered hemp products under the state law.

Hemp producers, processors, and retailers must obtain a license from the Arizona Department of Agriculture and comply with the state's rules and regulations on hemp production and commerce. These include testing, labeling, and record-keeping requirements. Consumers should also be aware of the quality and safety of the hemp products they buy, as they may contain contaminants, additives, or inaccurate levels of delta-9 THC or CBD.

Marijuana-Derived Delta-9 THC in Arizona

Marijuana and marijuana-derived products are legal for both medical and recreational use in Arizona. The state legalized medical marijuana in 2010 under the Arizona Medical Marijuana Act and recreational marijuana in 2020 under the Smart and Safe Arizona Act.

Under the Arizona Medical Marijuana Act, qualifying patients with certain debilitating medical conditions can obtain a registry identification card from the Arizona Department of Health Services. With this card, they can purchase, possess, and use up to 2.5 ounces of marijuana or marijuana products from a licensed nonprofit medical marijuana dispensary.

They can also cultivate up to 12 marijuana plants at home if they live more than 25 miles away from the nearest dispensary.

Under the Smart and Safe Arizona Act, adults 21 years or older can purchase, possess, and use up to one ounce of marijuana or five grams of marijuana concentrates, including delta-9 THC, from a licensed marijuana establishment. They can also cultivate up to six marijuana plants at home, or 12 plants if they live with another adult, as long as they are not visible from a public place and secured from unauthorized access.

Both medical and recreational marijuana users must follow certain rules and restrictions, such as not driving under the influence, not consuming in public places, and not giving or selling to minors. Violating these rules can result in fines, penalties, or criminal charges.

What is Delta-9 THC?

Delta-9 THC, or delta-9-tetrahydrocannabinol, is one of over 113 cannabinoids that are present in cannabis and hemp plants. Delta-9 THC is responsible for the intoxicating effects or the "high" we associate with cannabis, such as euphoria, relaxation, and altered perception.

Delta-9 THC may also have potential benefits, such as easing pain, promoting relaxation, improving sleep and combating inflammation.

Delta-9 THC can be extracted from both marijuana and hemp, which are two types of cannabis plants. Marijuana is cannabis that contains more than 0.3% delta-9 THC by dry weight, while hemp is cannabis that contains less than 0.3% delta-9 THC by dry weight.

Yes, hemp-derived Delta-9 gummies are legal in Arizona and you can purchase them as long as you're 21 years old or older.

Does Delta 9 show up on drug tests?

Yes, Delta 9 THC can show up on drug tests, and it can stay in your system for days or even weeks, depending on a variety of factors such as your metabolism, body fat percentage, and the potency of the cannabis you use.

Most drug tests are designed to detect the presence of THC in your system, and Delta 9 THC is one of the most common forms of THC found in cannabis. Even if you only use cannabis occasionally, Delta 9 THC can cause you to fail a drug test.

However, it’s important to note that not all drug tests are created equal, and some are designed to detect specific forms of THC such as Delta 9 THC.

Does Delta 9 get you stoned?

In a word, yes. Delta 9 THC is the cannabinoid in cannabis responsible for its psychoactive effects and it can send you on a trip. But remember, it’s not a one-size-fits-all experience. How Delta 9 affects you depends on the dose and your tolerance.

So, tread lightly, use responsibly, and always stay within the boundaries of your local laws. Delta 9 THC can cause a range of effects, including euphoria, relaxation, and altered perception. It can also increase your appetite, have sedative-like effects, and can temporarily impair your cognitive and psychomotor functioning.

Some people may experience mild effects, while others may experience strong effects. Some people may feel the effects quickly, while others may feel them slowly. Some people may feel the effects for a few hours, while others may feel them for a whole day.

Everyone's experience with THC is personal and unique.

Therefore, it’s important to start low and go slow when using Delta 9 THC, and allow your body to tell you the best dosage.

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