Is CBD Oil Legal in Arizona?

  1. Arizona Cannabis
  2. Arizona CBD

What is CBD?

CBD, also known as cannabidiol, is a compound found in the Cannabis Sativa plant. It is one of the over 80 active cannabinoids found in the plant. CBD makes up about 40% of the cannabis plant's extract. Other phytochemicals such as tetrahydrocannabinol (THC), cannabinol acid (CBNA), and cannabigerol acid (CBGA) can also be found in cannabis plants.

CBD and THC are the predominant compounds found in hemp and cannabis. THC intoxicates users. In addition, it has adverse physical and mental effects on users, such as hypothermia, short-term memory impairment, and hypoactivity. On the other hand, CBD is non-intoxicating. According to the U.S. Library of Medicine, cannabis plants have a higher CBD content, while hemp plants have a higher THC content. CBD and THC may be extracted separately from hemp and cannabis plants. However, cannabis and hemp-derived CBD often contain trace amounts of THC, leading to complications around its legality.

CBD is mostly packaged as oils. It is also prepared as lozenges, tinctures, capsules, topicals, edibles, and patches or creams. There are three main types of CBD. These are:

  • Isolates: These contain only CBD.
  • Full-spectrums: These contain all the chemical compounds found in cannabis plants with 0.3% THC.
  • Broad-spectrums: These contain all the chemical compounds found in cannabis, excluding THC.

According to the United States Food and Drug Administration, CBD is believed to have therapeutic benefits in managing certain medical conditions. Such conditions include:

  • Acne
  • Anxiety
  • Post-traumatic stress disorder
  • Epilepsy
  • Inflammation
  • Mental disorders
  • Depression and
  • Dravet's Syndrome

Federally, CBD is legal. The 2018 Agricultural Improvement Act classifies cannabis and hemp-derived products with a THC content of less than 0.3% as agricultural staples and economic resources. CBD is legal in the State of Arizona.

Is CBD Oil Legal in Arizona?

Yes. Per Arizona Senate Bill 1098, residents of the State of Arizona may produce and cultivate industrial hemp within the confines of the law. However, the CBD market is unregulated in the state. In Arizona, both hemp and cannabis-derived CBD is considered legal.

What are Arizona CBD Laws in 2022?

The Arizona State Legislature passed Senate Bill 1098, which amended the Arizona Revised Statutes Title 3 Chapter 2. The Bill established guidelines for the production and cultivation of industrial cannabis. It considers all cannabis and hemp-derived products with a THC content of less than 0.3% by dry weight as agricultural and economic resources. The Bill also empowered the Arizona Department of Agriculture to provide oversight for the cultivation and growth of industrial hemp used in CBD production.

The Bill also enabled research into the cultivation and marketing of industrial hemp. The Bill further stipulated rules concerning hemp use, possession, distribution, licensing, sale, and cultivation in the state.

Under Article 4.1 Sec 3. Section 314, any individual who wishes to grow, cultivate, transport, or set up a nursery for hemp must apply for a license issued by the Arizona Department of Agriculture and pay the required license fees. Under Article 4.1 Sec 3. Section 316, all growers must submit a pre-planning report within seven days of planting. They must also provide periodic updates on the progress of their hemp plants. The Section also requires growers to schedule THC tests and inspections with the Arizona Department of Agriculture within 14 days of harvesting their plants.

Article 4.1 Sec 3. Section 315 established the industrial hemp trust fund exclusively to implement, maintain, and support industrial hemp licensing. It mandated that monies received from legislative appropriations, licensing fees, and other sources be used to create this fund. The monies collected are to be used for the administration and enforcement of the guidelines for industrial hemp use. The Section further mandates Arizona State Treasury to accept, invest, divest, and separately account for any trust fund monies deposited in the state treasury.

Article 4.1 Sec 3. Section 316 mandates that licensed hemp growers, harvesters, transporters, or processors keep accurate records of their hemp production. It also empowers the director of the Department of Agriculture to audit and inspect records of licensees to ensure regulatory compliance. The Section also mandates licensees to notify the department about the sale of any industrial hemp products and provide the names and addresses of buyers. Such reports must include the quantity of hemp sold.

What are Arizona CBD Possession Limits?

Arizona laws do not currently limit the quantity of CBD oil and other CBD products residents may possess. However, per the Medical Marijuana Act, there are cannabis-derived CBD products possession limits for registered and qualified medical patients. All patients may not purchase more than 2.5 ounces of cannabis-derived CBD products over 14 days. There is no age limit for the use of hemp-derived CBD products in Arizona.

Can Doctors Prescribe CBD Oil in Arizona

Yes. Arizona medical marijuana laws permit state-licensed doctors to prescribe cannabis and cannabis-derived CBD products such as CBD oils for patients with any of the following qualifying debilitating medical conditions:

  • Alzheimer's disease
  • Amyotrophic Lateral Sclerosis
  • Cachexia or wasting syndrome
  • Cancer
  • Chronic pain
  • Crohn's disease
  • Glaucoma
  • Hepatitis C
  • HIV or AIDS
  • Severe nausea
  • Persistent muscle spasms
  • PTSD (Post Traumatic Stress Disorder)
  • Multiple sclerosis
  • Seizure

What are the Licensing Requirements for CBD in Arizona?

Under Article 4.1 Sec 3. Section 314 of Senate Bill 1098, any individual interested in cultivating, processing, and harvesting hemp of CBD in Arizona must apply for a license from the Arizona Department of Agriculture. A new license application or a renewal of an industrial hemp license must meet all of the following requirements:

  • The Industrial Hemp Program Application Form must be completed on the Department of Agriculture prescribed form. Applicants need to provide accurate information on the application form at the time of application.

  • Payment of annual licensing fees. The licensing fees to be paid varies according to the license type of interest. An applicant for an industrial hemp grower and processor license will pay $1,000 and $2,000, respectively. An individual who intends to operate an industrial hemp nursery will pay an application fee of $650, while industrial hemp transporters and harvesters will pay a $100 application fee. Fees can be paid via money orders and checks to the Arizona Department of Agriculture.

  • The applicant is also required to provide proof of a valid signature clearance. Per Arizona Revised Statutes 41-1757.07, the fingerprinting division will award a level I fingerprint clearance card to individuals with no criminal record history. Applicants with previous convictions for offenses like terrorism, indecent exposure, sexual exploitation, and related crimes will not receive a level 1 signature clearance card. Similarly, those awaiting trial for crimes like theft, forgery, credit card fraud, and concealed weapons violation are also ineligible for clearance cards.

  • Additional documentation may be required for applications such as the location supplement form and storage location supplement form.

There are presently no specific state requirements for CBD product labels in Arizona. Therefore, CBD oil and product manufacturers in the state comply with some of the United States Food and Drug Administration general guidelines on labeling of CBD products. These include:

  • Amount of active CBD in each serving
  • Supplement fact panel, including other ingredients
  • Net weight
  • Name of manufacturer or distributor
  • Suggested uses
  • Whether the product is isolated, full-spectrum, or broad-spectrum
  • Batch and date code

CBD manufacturers, producers, and distributors are not required to obtain a license in Arizona, provided they engage in these activities with already processed cannabis or hemp extracts.

Where to Buy CBD in Arizona?

Individuals who wish to purchase CBD oil and products in Arizona may do so at various dispensaries, convenience stores, organic stores, health/wellness shops, and CBD-specific retailers in the state. CBD oil and products are also widely available for sale by many online retailers. The Arizona State Legislature recommends that Arizonians buy CBD-infused products from reputable sellers and manufacturers. These sellers and manufacturers have had proper testing conducted by the Arizona Department of Health Services (ADHS) to ensure the absence of THC in their CBD products.

Is CBD Oil Legal in Arizona?