Photo by Gautier Salles on Unsplash
Disclaimer: The information below is fully based on our independent research. While our team does everything in their power to provide accurate and current information from credible state-run websites and resources, we are not lawyers or legal experts. As such, none of the following information should be interpreted as legal advice. Content on these pages is provided for informational purposes only and those with legal concerns should consult experts within their state.
Over the past several years, more and more people have become interested in the possible benefits of cannabidiol. This cannabinoid, which is present in both hemp and cannabis, is nonintoxicating, but may have benefits that include pain relief, help with insomnia, anti-inflammatory effects and more. People in Arizona and other areas often take it because of its potential to help with conditions that include anxiety, depression, back pain and other issues. It is available in the forom of oils, extracts, capsules, edibles and creams for easy administration. However, before considering what CBD may be able to do, most people also want to ensure that what they are buying is safe and legal. This is what we’ve been able to find out about the question “is cbd legal in Arizona?”
Is CBD Oil legal in Arizona?
According to legal authorities throughout the state, hemp-derived CBD oil is legal for anyone to possess as long as it contains less than the federally allowed limit of .3% THC. While new recreational marijuana laws are enacted, marijuana-based CBD products are only available to those with a medical marijuana card.
Because there are no restrictions on retailers as long as they are selling legally-produced hemp-based CBD products, CBD now shows up in a wide range of products. CBD oil and extracts are offered in edibles, drops, capsules and other delivery methods. However, the FDA has declared that even under the currently loosened laws, CBD cannot be legally added to food or beverages, or marketed as a dietary supplement. So, while these approaches are legal within the state of Arizona, they are still technically illegal on the federal level.
At the current time, marijuana-derived CBD Is available for people who have approved medical conditions and who have registered for medical marijuana cards. With the passing of Arizona’s new recreational marijuana law, marijuana-based CBD is expected to become far more widely available.
What are the current CBD laws in Arizona?
Currently, hemp-derived CBD Is explicitly legal in the state of Arizona. There are no age limits on who can possess it, nore any legal limits on its sale. However, this was not always the case.
In 2010, Arizona voters passed Prop 203, the Arizona Medical Marijuana Initiative. This law made it legal for people with certain approved medical conditions to be treated with marijuana products, including marijuana-derived CBD for personal use. Qualified patients could not be arrested for using cannabis for medical purposes, nor could employers discriminate against employees who used cannabis medically. In 2011, the state’s Department of Heatlh Services released rules governing medical marijuana use. People with any of fourteen medical conditions that included cancer, AIDS, glaucoma and others, could be approved to receive a medical card.
However, Governor Jan Brewer was concerned about whether the law would conflict with federal laws that made marijuana a Schedule 1 illegal drug. She filed a lawsuit in federal court to seek clarification. The lawsuit was in response to a letter from US Attorney for Arizona Dennis Burke, who stated that he would vigorously prosecute individals and groups that engaged in the manufacture, distribution and marketing of marijuana products, even if those products were permitted under state law. Brewer’s lawsuit was dropped, but officials in Arizona still sometimes declared that they would prosecute anyone who attempted to possess marijuana for any reason.
In 2012, the state legislature passed a bill that would make it illegal to use and possess medical marijuana, including marijuana-derived CBD products, on college campuses. The sponsor of the bill, State Rep. Amanda Reeve, said that the purpose of the law was to keep marijuana out of the hands of college students. However, the law drew opposition right away, with medical marijuana proponents saying that it was an attack on patients who were complying with Arizona state law. The courts, ultimately, agreed. On May 23, 2018, the Arizona Supreme Court filed a unanimous opinion that the law was unconstitutional and must be struck down.
Another court ruling made CBD explicitly legal for conditions like epilepsy. In 2014, Jennifer and Jacob Welton, sought to treat their five-year-old son’s seizures with CBD. The seizures, caused by a rare condition known as cortical dysplasia, had not been adequately controlled with any other medication. However, the Weltons lived in Maricopa County, where County Attorney Bill Montgomery had promised to prosecute anyone who used any marijuana extract for any reason. The ACLU assisted the Weltons in a lawsuit to protect their son’s and other patients’ right to use marijuana-derived CBD for medical purposes. The judge ruled that the Arizona Medical Marijuana Act allowed qualified individuals to use extracts for medical purposes.
Arizona attempted to make the rules simpler by legalizing recreational recreational marijuana in 2016, but the ballot measure failed to pass. However, a similar measure in 2020 passed with a majority. Now, adults in Arizona will be able to possess up to an ounce of marijuana, including cannabis-based CBD products. The law also creates a regulatory system for marijuana production and sales.
During all of this time, hemp-based CBD remained in a legal gray area. Federally, the substance was considered the same as intoxicating, high THC marijuana, and had been since the Marihuana Tax Act of 137.
However, all of that changed with the 2018 Farm Bill. This law allows for the cultivation of hemp, as well as the transfer of hemp-derived products across state lines. It does not put restrictions on the sale, transport or possession of products like hemp-derived CBD as long as those products are produced and distributed in a way that is legally allowed.
The Farm Bill allows states to license growers, harvestors transporters and processors of hemp products, including CBD. Fields must be inspected and any products produced need to be lab-tested to ensure that they do not contain more than the legal limit of THC.
There is no license needed for retail outlets to sell CBD in Arizona, so, buyers do not need to worry about whether their outlet of choice is properly licensed. Rules for marijuana-based CBD sales without a medical marijuana card are forthcoming.
Can I purchase CBD oil in Arizona?
Yes, CBD is legal in Arizona and can be purchased through a number of venues. A number of stores specialize in hemp-based CBD products and carry CBD oils, extracts, edibles and topical preparations. Many drug stores, natural food stores and other retail locations carry CBD products, as well. A few restaurants have even started offering CBD oil as an option on things like pizzas and salads. CBD products can also be purchased online.
You do not need a prescription or a medical marijuana card to buy hemp-based CBD in Arizona. Additionally, there is no age limit for buying hemp-based CBD products in the state.
https://www.healthcanal.com/is-cbd-legal-state/arizona
https://weedmaps.com/learn/cbd/is-cbd-oil-legal-in-arizona
https://ballotpedia.org/Arizona_Medical_Marijuana_Question,_Proposition_203_(2010)
https://www.cbdoil.org/cbd-laws-by-state/
https://www.brookings.edu/blog/fixgov/2018/12/14/the-farm-bill-hemp-and-cbd-explainer/