Is Delta-8 THC Legal in Arizona? (April 2023 Update)

By | last updated April 11, 2023

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The delta 8 laws in Arizona are confusing but it looks like it’s essentially legal because you can buy it anywhere in the state. Another indicator is that lawmakers are looking to pass two bills, one to prohibit sales to people under 21 and another to restrict delta 8 products to licensed dispensaries. Read on for a detailed explanation.


Delta-8 THC appears to be legal in Arizona. But lawmakers are trying to pass a bill to restrict delta-8 sales to licensed cannabis dispensaries and prevent people under 21 from buying them.

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Arizona Delta-8 THC Laws

Arizona’s delta-8 THC laws are 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), 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.

I did find that the licensed cannabis company iLava provides delta-8 THC products to 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.

But I’ve also heard reports that delta-8 is easily accessible even at unlicensed shops. On top of that, state lawmakers are trying to pass two new bills:

  • Senate Bill 1473 would restrict sales of delta 8 products to licensed cannabis dispensaries (implying that’s currently not the case)
  • Senate Bill 1271 would prohibit anyone under 21 from buying delta 8 products

The bottom line is that delta-8 THC appears to be legal in Arizona.

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 17 states: Alaska, Arkansas, Colorado, Delaware, Hawaii, Idaho, Iowa, Montana, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

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

The Future of Delta 8 THC in Arizona

If the Senate Bills pass, then delta 8 will be treated the same was as a recreational cannabis product in Arizona. Which means you’ll only be able to buy it from licensed shops. But we’ll have to wait and see what happens.

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