Is CBD Legal in Arizona?

by Kat Austin December 03, 2020 6 min read

Is CBD Legal in Arizona? - VO Inc

Consumers are increasingly turning to CBD for relief from anxiety, sleep issues, and more. However, understanding CBD regulations can be challenging, as each state has the authority to create its own laws regarding the purchase and use of CBD products.

So, is CBD legal in Arizona? Yes, CBD is legal in Arizona.

Here’s what you need to know about Arizona’s CBD regulations, including how old you need to be to buy CBD in Arizona and the specifics of CBD oil legality in the state.

Table of Contents
Legal Concerns About CBD
What are the CBD laws in Arizona?
Is full spectrum CBD legal in Arizona?
Does Arizona have a CBD possession limit?
Can doctors prescribe CBD in Arizona?
Where to buy CBD in Arizona?
Is CBD legal for minors in Arizona?
Is CBD legal in all 50 states?
Resources

Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice. 

Key Takeaways

  • Arizona legalized CBD for medical use in 2010, and since the Hemp Farming Act, there have been no additional regulations on recreational use.
  • There are no restrictions on the purchase or sale of CBD in Arizona, making its legality align with federal regulations.
  • While CBD is easy to buy in Arizona, the lack of strict regulations poses risks; ordering online allows consumers to better vet brand quality and minimize the chance of purchasing unsafe products.

Legal Concerns About CBD

A map showing Arizona and surrounding states

CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.

Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.

Federal guidelines apply, but you must also follow your state's specific CBD regulations.

Various CBD oil products, which are legal in Arizona.

What are the CBD laws in Arizona?

In Arizona, CBD is legal under Proposition 203, passed in 2010, and classified as an industrial hemp product under SB 1098, aligning with federal standards; however, the lack of specific regulations means consumers rely on federal laws, resulting in minimal oversight of product quality.

Here are the details:

In 2010, Arizona passed Proposition 203, a bill that effectively legalized medical cannabis and its extracts, including CBD, for qualifying patients.

Since then, Arizona laws have remained rather ambiguous on CBD, but the state has updated certain regulations regarding industrial hemp products. In SB 1098, the state nearly replicates the federal definition for industrial hemp products.

This bill suggests that any cannabis plant containing less than 0.3% THC or less can be classified, per state law, as “industrial hemp.” The definition expands to any part of the plant that meets that description, implying that Arizona classifies CBD as an industrial hemp product.

The general gist of the bill is similar to the Hemp Pilot Program initiatives in states like Colorado, Oregon, and Utah. It aims to expand the research, growth, development, and marketing of industrial hemp products.

The state has not released any regulations that explicitly prohibit the manufacture, sale, purchase, or use of CBD. That means that CBD regulations for consumers generally fall back on the federal regulations in place.

In other words, CBD is not illegal in Arizona, and there are no regulations in place in which CBD possession will be prosecuted by law. Like many states, (see Alabama or West Virginia) there are also very few regulations to monitor quality or purity.

Is full spectrum CBD legal in Arizona?

Although the state of Arizona has no specific regulations in place that affect CBD consumers, many people are still concerned about the possession of full spectrum CBD products given that they contain trace amounts of THC. Thankfully, Arizona has no laws restricting the use of full spectrum CBD products that contain 0.3% THC or less.

Does Arizona have a CBD possession limit?

To date, there are no possession limits for CBD products that meet legal guidelines. CBD products that contain over 0.3% THC may be classified as cannabis products, which are illegal for recreational use in Arizona.

Can doctors prescribe CBD in Arizona?

Only one CBD-based pharmaceutical currently has FDA approval. This medication, called Epidiolex, is designed to treat rare forms of childhood epilepsy and requires a prescription.

You do not need a prescription to buy CBD in Arizona. For over-the-counter CBD products, your doctor may give a recommendation. Even in states like Arizona where cannabis is legal for medical use, doctors are typically required to give a recommendation and not a prescription.

Keep in mind that even in areas where medical cannabis is common, doctors are still learning about CBD. It may not be their first recommendation, so you may need to ask your doctor about CBD directly if you are interested in the benefits.

Where to buy CBD in Arizona?

A handful of CBD capsules that can be legally purchased in Arizona.

In Arizona, there are no specific regulations on the sale of CBD products that meet federal requirements. That means that CBD may be accessible in many places, including corner stores and grocery markets.

However, this lack of regulation can be risky.

Buying CBD online is a suitable option for most consumers. In 2019, the USPS updated regulations to allow shipment of legal CBD products, so long as the manufacturers meet certain quality and legal requirements.

When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.

Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.

Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.

For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.

Is CBD legal in Arizona for minors?

Because CBD originally gained its popularity as a treatment for various childhood illnesses, many people are interested in using CBD for minors. In Arizona, there are no statewide regulations that determine the legal age for using CBD. In fact, the Arizona Department of Child Safety ruled that CBD extracts, but not medical cannabis extracts, could be given to foster children by their guardians.

Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers. In the event that CBD is to be used for a child, the parent or guardian should seek a doctor’s guidance.

Can anyone buy CBD Oil in Arizona?

There are no laws to regulate who can purchase CBD in Arizona, and the legal age for buying CBD is most often decided by individual sellers.

Because the legal age to buy tobacco products is now 21 years old, many smoke shops may require consumers to be 21 to purchase CBD. Still, virtually anyone can buy CBD in Arizona. Anyone who is 18 years or older can buy CBD online.

Is CBD legal in all 50 states?

Thanks to federal updates, CBD has the potential to be legal in every U.S. state. There are no regulations that restrict the use of CBD in Arizona.

Every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.

FAQ - Is CBD Legal in Arizona?

Are CBD gummies legal in Arizona?

Yes, CBD gummies are legal in Arizona as long as they comply with state and federal regulations. CBD products containing less than 0.3% THC are considered legal under Arizona's CBD laws.

Can you take CBD on a plane to Arizona?

Yes, you can take CBD on a plane to Arizona, provided it complies with federal regulations, which state that CBD must contain less than 0.3% THC. Always check with your airline for specific policies regarding CBD products.

In which states is CBD still illegal?

As of now, CBD is illegal in a few states, primarily Idaho, Nebraska, and South Dakota. However, most states, including Arizona, have legalized CBD under various regulations.

Is marijuana legal in Arizona?

Yes, marijuana is legal in Arizona for both medical and recreational use. Voters approved Proposition 207 in November 2020, allowing adults 21 and older to possess and use marijuana.

Does Arizona have recreational dispensaries yet?

Yes, Arizona has recreational dispensaries. Since the legalization of recreational marijuana in 2020, several dispensaries throughout the state offer cannabis products, including CBD.

Can you smoke in public in Arizona?

No, smoking marijuana in public is prohibited in Arizona. While it is legal to use marijuana in private spaces, public consumption remains illegal.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “PROPOSITION 203” https://apps.azsos.gov/election/2010/info/PubPamphlet/Sun_Sounds/english/prop203.htm
  3. “SB 1098” https://www.azleg.gov/legtext/53leg/2R/bills/sb1098p.htm
  4. “Publication 52 Revision: New Mailability Policy for Cannabis and Hemp-Related Products” https://about.usps.com/postal-bulletin/2019/pb22521/html/updt_002.htm
  5. “Arizona Agency Defies DEA, Okays Cannabis Extracts for Foster Parents” https://www.phoenixnewtimes.com/news/cannabis-extract-ok-arizona-foster-care-parents-not-medical-cannabis-9879964



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