Arizona AG Says Delta-8 Products Can Only Be Sold By Licensed Dispensaries – Ganjapreneur – Ganjapreneur

In an opinion issued last week, Arizona Attorney General Kris Mayes said that the sale of delta-8 THC products and “other hemp-synthesized intoxicants” by businesses not licensed by the state health department are not permitted to be sold under state law.  

“Irrespective of delta-8’s arguable federal legality under the 2018 Agriculture Improvement Act (‘Farm Bill’), Arizona continues to define and regulate ‘industrial hemp’ in a manner that precludes the sale of hemp-synthesized intoxicants in convenience stores, smoke shops, and other unlicensed locales.” — Mayes in the Mar. 11, 2024 opinion 

In the opinion, Mayes notes that the Farm Bill “is silent” on delta-8 THC products. But because the cannabinoid occurs naturally in hemp plants, albeit in low concentration, proponents argue that the federal legislation legalized delta-8 and other intoxicating cannabinoids found in hemp – and a 2022 Ninth District court ruling supports that argument. The Drug Enforcement Administration (DEA), however, considers delta-8 an illegal drug listed under Schedule I of the federal Controlled Substances Act, the opinion states, and Arizona, too, lists delta-8 as a Schedule I controlled substance.  

In the opinion, Mayes says that delta-8 products fall under the purview of

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