Is CBD Hemp Flower Legal in Arizona?

Arizona is one of the best places to grow hemp in the U.S. The Cotton State legalized industrial hemp in 2019 and joined the “green rush.”

Arizona legalized hemp in 2018, when Governor Doug Ducey signed Senate Bill 1098 into law. What is the current legal status of hemp flower in Arizona? Can you buy CBD oil in Arizona? Let’s take a look.

Last Update: June 10, 2023

Article Summary

You can buy CBD flower and smokable hemp products with less than 0.3% THC in Arizona.
Arizona legalized hemp in 2019 under SB 1098, which contains vague language around the legality of hemp flower and cannabidiol (CBD).
CBD is legal in Arizona if derived from hemp with less than 0.3% THC. State law prohibits the sale of CBD as food products.
Medical and recreational marijuana are legal in Arizona and you can find both CBD flower and marijuana flower in licensed dispensaries.
Arizona is a favorable place for hemp cultivation due to its climate and geographical conditions.
Despite the legalization of hemp, Arizona has not passed any specific regulations regarding the sales of hemp products. As a result, local retailers may not always offer the best CBD flower for sale, leading many residents to buy their products online.

Is Hemp Flower Legal in Arizona?

Hemp flower with less than 0.3% THC is legal in Arizona.

The hemp plant and derived products are agricultural commodities in Arizona. Under state law, hemp is defined as:

“The plant Cannabis Sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths percent (0.3%) on a dry-weight basis.“ [1]

Although Arizona’s hemp law is rather vague and doesn’t specify which products are legal in the state, hemp flower with less than 0.3% THC is legal according to the definition of hemp.

The law legalized “all parts of hemp,” which means as long as it’s within the 0.3% THC limits, smokable hemp flower and derived products are likely legal in Arizona.

Some states have decided to ban hemp flower because of its resemblance to marijuana when passing their state hemp laws. But, the state has now legalized adult-use marijuana, so things should be properly regulated instead of banned.

Where to Buy Hemp Flower in Arizona?

Here are the most important things to know when buying hemp in Arizona:

Buy Online: Arizona Hemp for Sale

Arizona has just started working on setting regulations and obligations regarding hemp and hemp-derived products.

This means that CBD products can be sold even if mislabelled. Because of the uncertainty that comes with unregulated hemp extract, many people have turned to the most natural way of consuming their CBD—which is via legal, 0.3% THC hemp buds that are not going to get you high.

Although all parts of hemp are legal in Arizona, the Cotton State hasn’t passed any regulations regarding the sales of these products. Local hemp suppliers may not offer the best CBD flower for sale in Arizona, so it might be better for you to buy yours online.

Check Your Supplier

There is a lot of noise online, especially since the hemp industry is booming. So, it is essential to check your online hemp supplier thoroughly. Mr. Hemp Flower is your trusted source for quality, high CBD hemp flower delivered at your doorstep. Our packaging includes third-party lab results and a notice to law enforcement.

Get some of our highest CBD hemp strains such as Lifter Plus and Special Sauce and bless your body with an organic, pure, and non-GMO product straight from nature.

Is CBD Legal in Arizona?

CBD is legal in Arizona if extracted from the hemp plant. The only exception is adding cannabidiol to food products.

According to the Arizona Department of Agriculture, CBD is not a narcotic compound, and as such, is excluded from the Controlled Substances Act because it’s different from the “THC” found in marijuana.

Although legal, the situation with CBD in this state remains is complicated because the state doesn’t provide any regulations for retailers.

The current state laws regarding CBD and hemp-derived products remain unclear and confusing. The law defines hemp products as:

”All products made from industrial hemp, including cloth, cordage, fiber, fuel, grain, paint, paper, construction materials, plastics, and by-products derived from sterile hemp seed or hemp seed oil.” [2]

The definition continues with this particular part stating that “hemp products excludes any product made to be ingested except food made from sterile hemp seed or hemp seed oil.” [2]

This means that the state allows only certain groups of hemp products.

The question “Will I be able to manufacture “CBD” products from industrial hemp?” found on the state’s official website reveals the following:

“Yes, however, the Program oversight only extends from the growth and cultivation of industrial hemp, up to the point of processing. For licensed processors, the Program will focus on ensuring they receive raw material that is below 0.3% THC. If there are food handling laws, laws and regulations under the oversight of the Food and Drug Administration, or other laws related to industrial hemp of another agency, then those issues are out of the Department’s scope of regulatory oversight.“ [3]

This answer implies that manufacturing of CBD products is allowed, but the AZDA is not in charge of regulating them. The state doesn’t offer a retail license but it does offer a processor’s license. This means that cannabidiol is legal in this state, but products containing it reman unregulated.

This is one of the reasons why people buy hemp flower and hemp CBD products online. Purchasing your hemp flower online is more convenient. Our high CBD, organic hemp buds that contain 0.3% THC, come with a notice to law enforcement and analysis performed by an independent third-party lab.

Arizona Hemp Pilot Program

In May 2018, Gov. Ducey signed proposed legislation into law, legalizing hemp in the state. The bill provides funding for the Arizona Department of Agriculture’s (AZDA) to create the Arizona Industrial Hemp Pilot Program.

The bill was initially set to take effect in August 2019, but Gov. Doucey signed Senate Bill 1003 in February, allowing farmers to start planting hemp as soon as early June. The change was prompted by the passage of the 2018 Farm Bill that legalized hemp around the United States.

The state Department of Agriculture gives out five types of licenses, including:

Grower license—applicants that qualify and are interested in the growth of industrial hemp.
Nursery license—applicants that qualify and are interested in propagating eligible seed and propagative materials for planting for a licensed grower. A nursery is not allowed to grow hemp for harvesting purposes, unless it is also a licensed grower.
Harvester license—applicants who qualify and are interested in providing harvesting services to licensed hemp growers.
Transporter license—applicants who qualify and are interested in providing shipping and transport services harvested hemp from a licensed grower to a processor.
Processor license—applicants who qualify and are interested in processing harvested hemp into hemp products or hemp seed.

Applicants interested in getting a license had the obligation to apply for a hemp license by the date provided by the Department. Once they get their licenses, all five groups of qualified applicants will be able to legally weigh in on the potential of hemp.

Medical Marijuana is Legal in Arizona

In 2010, the state enacted The Arizona Medical Marijuana Act (AMMA), at the time, adding Arizona to the list of 13 other states that have legalized medical marijuana [4].

In 2019, the Arizona Supreme Court unanimously ruled in favor of a registered qualifying patient under AMMA who has been found in possession of a jar with 1.43 grams of hashish in 2013.

The Court ruled that cannabis extracts, including vaporizer cartridges, concentrates, and cannabis-infused food and beverages, are legal in Arizona.

The court’s justices wrote in their ruling that state’s medical marijuana dispensaries are allowed to sell cannabis extracts, under The Arizona Medical Marijuana Act – AMMA which “defines marijuana as including ‘all parts of any plant of the genus cannabis whether growing or not.“

“Consistent with this language we hold that AMMA’s definition of marijuana includes both its dried leaf/flower form and extracted resin, including hashish,” they added [5].

Under the AMMA, medical marijuana is permitted for use by two types of qualifying patients, including “Adult Patients” and “Patients Under the Age of 18.” The “qualified patient” needs to be a person diagnosed with a debilitating medical condition by a physician. Also, qualifying patients must register for a medical marijuana registration card.

Recreational Marijuana is Legal in Arizona

Prop 207, passed in 2020, allows Arizonians over 21 to purchase recreational marijuana in state-approved dispensaries [6]. The bill allows adults to buy up to an 1 oz of cannabis flower or five grams of concentrate a day.