Is THCA legal in Arizona? Arizona hemp, CBD, edible and kratom laws

The law in Arizona

Arizona's hemp law is narrower than the federal one. Senate Bill 1098, signed on May 14, 2018, added A.R.S. 3-311 and the sections after it, which define industrial hemp as the plant Cannabis sativa L. and any part of it with no more than 0.3 percent delta-9 THC on a dry weight basis. Unlike the 2018 federal Farm Bill, the definition does not name the plant's extracts, derivatives or cannabinoids, and it defines hemp products as goods like cloth, fiber, paper and plastics, leaving out anything made to be ingested except food made from sterile hemp seed or hemp seed oil.

Two agencies split the field. The Department of Agriculture licenses hemp growers, harvesters, transporters and processors, while the Department of Health Services licenses the marijuana businesses allowed by the medical marijuana law and the 2020 adult-use law, the Smart and Safe Arizona Act. A.R.S. 13-3405, the marijuana offense statute, does not apply to licensed hemp businesses or to commercial hemp activity that federal law authorizes.

1. May 14, 2018The Governor signs SB 1098, creating the industrial hemp program in A.R.S. 3-311 and following.
2. April 30, 2019The Governor approves HB 2550, adding the kratom article with an age of 18 and the 2 percent 7-OH cap.
3. January 1, 2022Arizona's USDA-approved state hemp plan takes effect, with the Department of Agriculture still licensing growers.
4. March 11, 2024Attorney General Opinion I24-005 says unlicensed sellers may not sell delta-8 and other hemp-synthesized intoxicants.
5. April 24, 2025Enforcement may begin against unlicensed sellers of THC edibles and drinks, under the Attorney General's March 24 letters.
6. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

Delta-8, hemp THC and the Attorney General

Arizona's limits on hemp THC products come from the Attorney General rather than a hemp statute. Opinion I24-005, issued on March 11, 2024, concludes that delta-8, delta-10 and other hemp-synthesized intoxicants fall within the definition of cannabis in A.R.S. 13-3401, a controlled substance, and that the 2018 hemp law created no exception for them, so they may be sold only by sellers licensed by the Department of Health Services. The opinion says it does not apply to products generally understood to be non-intoxicating, such as CBD.

On March 24, 2025, Attorney General Kris Mayes sent letters to retailers and police saying Arizona law does not allow unlicensed businesses to sell any THC-infused product meant to be eaten or drunk, including products with delta-8 THC, delta-9 THC and similar substances. She asked law enforcement to wait until April 24, 2025 before enforcing. The Department of Agriculture's FAQ quotes the opinion and says licensed hemp processors may make any hemp product except hemp-derived delta-8 and other intoxicating cannabinoids.

The Legislature has not written a hemp THC framework. Senate Bill 1556, which would have created rules for adult hemp drinks, passed the Senate in 2025 and was held in the House, and Senate Bill 1702 on hemp-derived products was held in committee. We found no Arizona appeals court ruling on whether hemp-derived THC products may be sold outside licensed marijuana businesses.

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THCA and hemp flower

The Department of Agriculture's rules in article 10 of title 3, chapter 4 of the Arizona Administrative Code define total delta-9 THC as the delta-9 THC plus 0.877 times the THCA, measured after decarboxylation, and A.R.S. 3-316 lets the department act against a crop whose average carboxylated delta-9 THC exceeds 0.3 percent. So THCA counts in the testing of every Arizona hemp crop.

What may be sold at retail is a separate question. The department's FAQ says it cannot advise on whether hemp flower may be sold as a retail product, and the Attorney General's 2025 letters address products meant to be eaten or drunk. We found no statute, rule, Attorney General opinion or appeals court ruling that settles whether raw hemp flower high in THCA may be sold in Arizona outside a licensed marijuana business.

CBD, age and licenses

Arizona has no statute that licenses or limits CBD products. The Department of Agriculture says no license from it is needed to sell, make or market post-processed hemp material, including CBD and similar non-intoxicating cannabinoids, and the Attorney General's opinion leaves CBD out of its analysis. Because the hemp law's definition of hemp products excludes ingestible products other than hemp seed foods, we found no statute or rule that speaks directly to CBD in food, drinks or dietary supplements.

Arizona sets no age for buying hemp or CBD products that we found. Marijuana and marijuana products are limited to adults 21 and older, who under A.R.S. 36-2852 may possess up to one ounce of marijuana, no more than five grams of it as concentrate, and grow up to six plants at home.

Kratom, kava, amanita and spores

Kratom is legal for adults 18 and older. The kratom article, A.R.S. 36-795 to 36-795.03, added by House Bill 2550 and approved on April 30, 2019, bars selling kratom to anyone under 18 and bars products adulterated or contaminated with a dangerous non-kratom substance, products with more than 2 percent 7-hydroxymitragynine in the alkaloid fraction, products with any synthetic alkaloid, and products whose label does not show the mitragynine and 7-hydroxymitragynine. A violation is a class 2 misdemeanor, and a person harmed may sue. House Bill 2415, which would have raised the age to 21 and added synthetic kratom compounds to the definition of narcotic drugs, passed both chambers in 2026 but did not become law; the Legislature lists its final status as held in the Senate.

Psilocybin and psilocyn are listed as dangerous drugs in A.R.S. 13-3401. We found no Arizona statute naming kava, amanita muscaria or its compounds, or mushroom spores.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Read the federal page and What's changing on December 11.