How Recently Introduced Arizona Bills Might Impact the Production and Sale of Delta-8 THC Products

Unfortunately, the legal landscape surrounding marijuana can seem frustratingly grey, especially in Arizona. Delta-8 THC is less well-known than its sister cannabinoid Delta-9 THC (the primary psychoactive compound in marijuana). It’s often described as a middle-ground cannabinoid that’s less intoxicating than Delta-9 THC but more psychoactive than CBD or other hemp-derived products.

Advocates for Delta-8 THC report a more clear-headed high with less anxiety and paranoia – so what’s the downside? There are concerns that Delta-8 THC users assume it’s a safe (including for those under the age of 21) alternative to Delta-9 THC products. People should recognize that being high on Delta-8 THC is still being high, and the same activity prohibitions apply (like driving or underage use).

What Is Delta-8 THC?

We’ve come a long way since growing and selling marijuana was legalized in Arizona. The drug’s legalization has curtailed black market transactions, which helps to ensure that users only come into contact with safe and tested products. Because of legislation, marijuana producers have had the opportunity to expand and diversify into an array of different products.

Delta-8 tetrahydrocannabinol (Delta-8 THC) comes in various forms and sizes, from body creams to gummies. Known for its potential therapeutic merits with the absence of more acute psychoactive effects, it has surged in popularity since the 2018 Farm Bill legalized hemp cultivation and distribution.

Marijuana vs. Delta-8 THC

While those under 21 or those without medical cards can’t buy marijuana, they can somehow still purchase Delta-8 THC products. This is because it’s derived from hemp, which is legal in the U.S., arguably making the cannabinoid legalized by extension. However, it’s not like the more benign non-psychoactive cannabinoids derived from hemp like CBD, and it doesn’t neatly fall into any of the state’s drug laws.

There are also no restrictions on how potent Delta-8 THC products can be, meaning minors can buy an extremely powerful dose all too easily. And, as previously stated, the psychoactive drug doesn’t have the same taxes and regulations as other addictive substances, so it can be marketed to kids.

Delta-8 THC Regulation in Arizona

Arizona legalized recreational weed in 2020 with the Smart and Safe Arizona Act, joining 10 other states and the District of Columbia that had, by that time, passed broad legalization measures. It’s not surprising, then, that Arizona is also one of the first states to take action against Delta-8 THC. The cannabinoid has challenged the legal landscape surrounding recreational drug use, spurring lawmakers into action.

Early in 2023, Senate Bill 1271 was passed to address the loopholes Delta-8 THC has created in the law. The bill would allow for the continued sale of hemp-derived products but would impose regulations issued by Arizona’s Department of Agriculture on products featuring this cannabinoid. Similarly, an introduced House amendment enacted harsher restrictions, such as prohibiting the sale of Delta-8 THC products to someone younger than 21.

However, there are still no regulations about how potent it can be, which the Arizona Dispensaries Association has been advocating for.

What Does This Mean for Arizona Residents?

The hemp pilot program that followed Governor Doug Ducey’s signing of Senate Bill 1098 set up a structure for hemp growth, but it didn’t specifically mention that hemp compounds were legalized, which include THC. The Arizona Controlled Substances Act also still lists tetrahydrocannabinol as a controlled substance.

New state legislation doesn’t seek to outright ban Delta-8 THC products but would amend existing statutes and regulations to prevent anyone other than licensed dispensaries from selling the products and restrict sales to people under the age of 21.

If You’re Looking for a Marijuana Lawyer in Phoenix, the Law Office of Michael Alarid III Can Assist

If you’ve been accused of unlawful drug possession or sale, the Law Office of Michael Alarid III is ready to defend you. Hiring skilled representation, especially an Arizona Board-Certified Specialist in Criminal Law, may help you receive a better end result. With years of acquired knowledge and experience in court, attorney Michael Alarid III has aggressively defended many other clients from drug charges and will do the same for you.

Call (602) 818-3110 or visit us online to request a case consultation.