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

By | Updated on November 29, 2023

Evidence Based 7

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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. Lawmakers did try to create laws to restrict delta-8, but they failed to pass. Read on for a detailed explanation.


Delta-8 THC appears to be legal in Arizona, even if it’s not 100% clear.

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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 sell marijuana to adult consumers legally. 

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 tried but failed to pass two bills to restrict delta-8 THC:

  1. Senate Bill 1453 would restrict sales of delta 8 products to licensed cannabis dispensaries (failed to pass)
  2. Senate Bill 1271 would prohibit anyone under 21 from buying delta 8 products (also failed to pass)

The bottom line is that delta-8 THC appears to be legal in Arizona but more clarity from the state government is needed.

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: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, 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

The only change that I can see happening is that the state might pass laws to treat delta-8 THC the same way as a recreational cannabis product in Arizona. If that happens, you can only buy it from licensed shops. But we’ll have to wait and see what happens.

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