Is Delta-8 THC Legal in Arizona?

By | last updated November 26, 2021

Evidence Based 4

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Delta-8 THC is either illegal or regulated like recreational cannabis in Arizona. The laws are not 100% clear.

The only thing that’s certain is that it’s illegal for unlicensed companies to sell and ship delta-8 THC to the state. Read on for a detailed explanation.

Arizona Delta-8 THC Laws

Arizona’s delta-8 THC laws are very confusing. Even the Arizona Department of Health Services and lawyers from the state can’t answer for sure if delta-8 THC is legal.

In 2020, the Smart and Safe Arizona Act (SSAA), often called Prop 207, passed. The SSAA made it legal for adults 21 and older to possess, use and cultivate marijuana. The law also allows licensed dispensaries to legally sell marijuana to adult consumers. 

Adults can legally purchase and possess up to five grams or less of any marijuana concentrate. It’s not clear if delta-8 THC counts as a marijuana concentrate since it’s typically made from hemp (low-THC cannabis) rather than marijuana.

If it does, then delta-8 THC can only be bought from licensed dispensaries.

We did find that the licensed company iLava provides delta-8 THC products to licensed dispensaries in Arizona. The company’s founder, Moe Ansari, who also runs his own licensed dispensaries, says he hasn’t had any legal issues with selling delta 8.

That would suggest that delta-8 is treated the same way as recreational cannabis in Arizona. But it’s not 100% clear. 

What is Delta 8 and is it Legal Federally?

Delta-8-tetrahydrocannabinol (delta-8-THC) is a form of THC, the cannabis compound that gets you high. Delta 8 is similar to regular (delta-9) THC; it can produce euphoria and relaxation, but its effects are about 33% weaker (1). 

Delta 8 is considered legal at a federal level. That’s because delta-8 can be made from the CBD extracted from hemp, which was legalized by the 2018 Farm Bill

The bill restricts hemp products to no more than 0.3% delta-9 THC. However, it doesn’t mention delta-8 THC at all.

Thanks to this loophole, hemp-derived delta-8 THC is legal and seeing explosive growth in states where recreational cannabis is illegal.

Where Is Delta-8 THC Illegal?

Delta-8-THC is currently illegal in 14 states: Alaska, Arkansas, Colorado, Delaware, Idaho, Iowa, Louisiana, Montana, New York, Nevada, North Dakota, Rhode Island, Vermont, and Utah.

More states may decide to ban delta-8 in the near future.

The Future of Delta 8 THC in Arizona

At this time, it’s unclear if delta-8 is illegal or regulated in the state of Arizona.

The most likely outcome is that Arizona will clarify whether it considers delta-8 THC a recreational cannabis product or not. If it does, then delta 8 will be regulated and sold in licensed shops just like regular cannabis.

Several other states with recreational cannabis programs, like Michigan and Connecticut, have already decided to regulate delta-8 THC in this way.


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