December 03, 2020 6 min read

A map showing Arizona and surrounding states

Consumers everywhere are finding that CBD brings relief from anxiety, sleep ailments, and more.

Unfortunately, regulations haven't yet caught up with demand and deciphering the laws surrounding CBD can be difficult.

To further the confusion, every state has the right to create their own laws to regulate the purchase and use of CBD products. That means it's not safe to assume that CBD is legal in your stateyou need to check your local regulations first.

So, is CBD legal in Arizona?

We did some digging to find out. Here's what we learned about Arizona CBD laws:

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 passed legislation to legalize CBD for medical use in 2010. The state has not furthered regulation on the recreational use of CBD since the Hemp Farming Act.
  • There are no restrictions in place to prevent or prosecute the purchase or sale of CBD in Arizona. That means that CBD’s legality defaults to federal regulations.
  • CBD is relatively easy to purchase in Arizona, but poor regulations may put buyers at risk.
  • It’s legal to order CBD online, where consumers have better oversight of a brand’s quality standards. Understanding how to properly vet CBD brands can help reduce the risk of buying unsafe CBD products.

Legal Concerns About CBD

It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.

But there’s a catch, and it complicates things:

Legal CBD products must come from industrial hemp.

This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.

That’s not all--

The final product must contain less than 0.3% THC, too.

That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.

Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.

Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.

Various CBD oil products, which are legal in Arizona.

What are the CBD laws in Arizona?

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.

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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