Can Synthetic Delta 8 THC from Hemp be Sold in Head Shops that Aren’t Licensed Dispensaries?

In short, no – as of last week.

Head shops around Arizona have been selling something called Delta 8 THC that’s a psychoactive chemical derived from the hemp rather than the classic marijuana plant. The shops have been exploiting the confusion about whether Delta 8 TCH from hemp can be sold in their stores even though they’re not a licensed dispensary.

The confusion ended last week with a clear Attorney General opinion that says such products can only be sold in dispensaries licensed by ADHS.

Sale of products containing delta-8 and other hemp-synthesized intoxicants | Arizona Attorney General

Here’s the question posed to Mayes:

Does Arizona law permit an entity that is not appropriately licensed by the Arizona Department of Health Services to sell products containing hemp-synthesized intoxicants like delta-8 tetrahydrocannabinol (“THC”), delta-10 THC, or any other product that has been synthetically converted from naturally occurring cannabidiol or other cannabinoids into intoxicating substances?


Answer:

“No, Arizona law does not permit the sale of delta-8 and other hemp-synthesized intoxicants by entities that have not been licensed by Health Services.”

“Irrespective of delta-8’s arguable federal legality under the 2018 Agriculture Improvement Act (“Farm Bill”), Arizona continues to define and regulate “industrial hemp” in a manner that precludes the sale of hemp-synthesized intoxicants in convenience stores, smoke shops, and other unlicensed locales.”


Kris Mayes: AZ law bars smoke shops from selling delta-8 THC products • Arizona Mirror

Arizona AG rules delta-8 can’t be sold without cannabis license – Axios Phoenix

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