In 2010 CBD products were legalized in Arizona for marijuana medical patients while adult use is still illegal despite a failed initiative in 2016. In Arizona, cultivation and production of industrial hemp were mentioned in Senate bill 1098 in the year 2018. The CBD market of Arizona is not regulated because there are not set State laws regarding cannabis. This makes CBD products an easy target to purchase if the CBD shows compliance with federal laws and is derived from the hemp plant.
Why CBD is Considered Illegal
-
Under the Federal control substance act, all the cannabis including CBD derived from the hemp plant with less THC intoxication were considered illegal. This was categorized in Schedule 1 that contains substances with a high rate of abuse and no medical use.
-
In 2018 Farm Bill was passed that legalized the cultivation of hemp and it also removed the cannabis-derived from hemp plant from the Schedule 1 list giving CBD a legal status. This placed a clear difference between hemp and marijuana.
-
CBD becomes legal as far as it is cultivated according to Federal laws of CBD and contains THC less than 0.3%.
-
Although the Farm bill has legalized CBD derived from hemp it does not mean that through the whole US it is legal. According to this bill, the FDA also has the power to regulate the CBD labeling like
-
Therapeutic claim
-
CBD in food
-
-
FDA has not authorized the use of CBD derived from hemp to be used in food, beverages, and dietary supplements and is strict on the labeling of CBD products.
-
The farm bill has also given the rights to States as to regulate CBD independently making it legal or prohibit the cultivation and sale of CBD, use in food, or cosmetics.
CBD Laws in Arizona
There are no specific laws related to cannabis in Arizona. In Arizona, the state legislatures pass senate bill 1098 in 2018 that allows the state to regulate the cultivation, harvesting, processing, and selling the hemp.
The provisions of this bill were
-
The hemp plant was defined as a cannabis plant containing less than 0.3% of THC. Any part of the plant coming under this definition is legal and allowable for use.
-
Hemp products are those which are derived and formulated from industrial hemp including CBD product derived from hemp.
-
SB 1098 and the Farm bill combines defines the regulations for making CBD legal in Arizona.
Licensing for CBD in Arizona
Those who want to deal with CBD cultivation, harvesting, production, transportation, and sale should apply for a license that is issued by the Arizona State Department of Agriculture. CBD is legal in Arizona but requires proper evaluation before working in it. Applicants need to complete the application form, fingerprint clearance and submit the fee for the license. Annually license has to be renewed.
Those working in the growing of industrial hemp are required to submit their grow plan report within 7 days of planting and also they will notify the Department of agriculture 14 days before the harvesting for facility inspection. The department of Agriculture will take samples for testing THC content.
Licenses are not required from the Department of Agriculture for individuals who sell, manufacture, or advertise CBD oil or hemp products. The Department only deals with cultivation and harvesting.
CBD Possession Limits in Florida
The state of Arizona has not yet established limits for hemp-derived CBD possession. But for medical use marijuana, there are limits for patients registered with medical marijuana programs. For patients, CBD products are available with both THC and CBD at licenses medical dispensaries. CBD is legal in Arizona and medical patients can possess up to 2.5 ounces of cannabis for 14 days.
Possession Penalties
If any found with CBD less than 2 ounces then they may be charged with a maximum fine of $150,000 and imprisonment of 4 months to 2 years.
If any found with CBD between 2-4 ounces then they may be charged with a maximum fine of $150,000 and imprisonment of 6 months to 2.5 years.
If any found with CBD more than 4 ounces then they may be charged with a maximum fine of $150,000 and imprisonment of 1 year to 3.75 years.
CBD Product Labeling Requirement in Arizona
Farm Bill 2018 has given the responsibility of regulation of hemp and its related products to the Food and Drug Administration. Currently, the FDA does not allow the use of CBD derived from hemp in food, beverages, and dietary supplements. FDA emphasized the companies manufacturing CBD products to make legitimate claims on product labels. CBD products should have the following information,
-
The amount of CBD on each serving
-
Details of other ingredients used in the product
-
Net weight of the product
-
Name of distributor and manufacturer
-
The suggested use
-
Either it is a full spectrum or broad spectrum
