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Is CBD Legal in Arizona? State Hemp Rules in 2026

As of November 3, 2026, Arizona statutes do not directly address CBD, and the Attorney General limits delta-8 and THC edibles to licensed marijuana sellers.

Last checked: Based on official sourcesNot legal advice.

What's on this page?

In short

As of November 3, 2026, no Arizona statute we found says directly whether CBD products such as oils and gummies may be sold. In our reading, the question is unsettled. The state hemp law covers the hemp plant and industrial products. Its definition of "hemp products" leaves out anything made to be ingested, except food made from sterile hemp seed or hemp seed oil.[1, 2, 3]

Intoxicating hemp products are treated differently. Arizona's Attorney General says delta-8, delta-10, and similar hemp-made intoxicants may be sold only by state-licensed marijuana sellers. In March 2025, the office told retailers that selling THC-infused edibles or drinks without a marijuana license is illegal, with enforcement set to begin April 24, 2025.[3, 4, 5]

Arizona has a medical marijuana program for registered patients and adult-use marijuana for people 21 and older. Two 2025 bills on hemp products did not become law, and we found no 2026 bill with "hemp" in its title.[6, 7, 8, 9, 10]

At a glance

Is CBD Legal in Arizona? State Hemp Rules in 2026
TopicStatus
Is CBD legal?In our reading, Arizona law does not clearly answer this. The hemp law's definition of "hemp products" excludes anything made to be ingested, except food made from sterile hemp seed or hemp seed oil. The Attorney General's 2024 opinion on delta-8 says it has no application to cannabis products generally understood to be non-intoxicating, such as CBD. It does not say CBD products are legal. Arizona's criminal code defines "cannabis" to include every derivative of the plant, its seeds, or its resin, with narrow exceptions such as seed oil and stalk fiber, and no exception for hemp. As of November 3, 2026, we found no Arizona statute that directly allows or bans the sale of CBD oils, gummies, or topicals, and we could not confirm in official sources whether state rules or agency guidance address them.[1, 2, 3]
Hemp definition and THC limitArizona uses the term "industrial hemp": the plant Cannabis sativa L. and any part of it, with a delta-9 THC concentration of no more than 0.3 percent on a dry-weight basis. Unlike the federal definition, Arizona's wording does not list derivatives, extracts, or cannabinoids. The Attorney General reads this to mean that hemp extracts are not covered by the hemp law. Separately, Arizona's criminal code defines "cannabis" to include the plant's resin and every compound, derivative, mixture, or preparation of the plant, its seeds, or its resin, or of THC. It leaves out seed oil and cake, fiber and other products of the mature stalks (except resin), and sterilized seed, and it does not mention hemp.[1, 2, 3]
CBD in food and drinksThe hemp law excludes products made to be ingested, other than food made from sterile hemp seed or hemp seed oil. The Attorney General's office says no unlicensed business may sell THC-infused food or drinks. We could not confirm in official sources whether any Arizona rule speaks directly to CBD-only foods or drinks as of November 3, 2026.[1, 4, 5]
Intoxicating hemp products (delta-8, THCA flower and similar)According to the Attorney General, only state-licensed marijuana sellers may sell them. Opinion I24-005 (March 11, 2024) concludes that delta-8, delta-10, and other hemp-synthesized intoxicants are cannabis, a Schedule 1 substance in Arizona, and may be sold only by sellers licensed by the Arizona Department of Health Services. The opinion adds that it should not be read as a general endorsement of these sales by licensed sellers. A March 24, 2025 letter to retailers applies this to delta-9 THC and similar products too. An Attorney General opinion is not a court ruling. We could not confirm in official sources how Arizona treats high-THCA hemp flower as of November 3, 2026.[3, 4, 5]
Minimum ageWe could not find a statewide minimum age for CBD or other non-intoxicating hemp products in Arizona law as of November 3, 2026. Adult-use marijuana is legal for people 21 and older, and the medical program also covers registered patients, including some under 18 with a parent's consent. The Attorney General treats intoxicating hemp products as products that only licensed marijuana sellers may sell.[3, 6, 7]
Who can sell itThe Arizona Department of Agriculture licenses hemp growers, harvesters, transporters, and processors. Arizona's hemp law requires a state license to grow, harvest, transport, or process hemp; it does not mention stores. We found no state license for stores that sell CBD in Arizona's hemp statutes. In the Attorney General's view, intoxicating hemp products and THC-infused edibles and drinks may be sold only by licensed marijuana establishments. We could not confirm in official sources whether Arizona has rules on online sales or delivery of CBD as of November 3, 2026.[3, 5, 11, 12]
Labels and lab testingWe could not find labeling or lab-testing rules for CBD products in Arizona's hemp statutes as of November 3, 2026. The hemp law's testing provisions focus on hemp crops: state inspectors may sample a crop, and a crop with an average carboxylated delta-9 THC concentration above 0.3 percent may face corrective action.[1, 13]
Medical and adult-use marijuanaArizona has both. The Arizona Medical Marijuana Act (2010) covers registered patients. The Smart and Safe Arizona Act (2020) lets adults 21 and older possess up to one ounce of marijuana, with no more than 5 grams as concentrate. The Arizona Department of Health Services runs both programs. Arizona's adult-use law excludes industrial hemp from the definition of marijuana.[3, 6, 14]
November 12 and December 11, 2026Arizona's hemp definition is written in state law (0.3 percent delta-9 THC) and does not point to the federal definition. Another section allows commercial hemp activity outside the old pilot program "if authorized under federal law." In our reading, a narrower federal definition may also narrow what that section allows, though the Attorney General has said the state term is limited by Arizona's own definition. From November 12, 2026, the federal hemp definition excludes cannabinoids that the plant cannot naturally make. The rest of the federal change, including total THC (THCA included), the exclusion of cannabinoids made outside the plant, and a 0.4 mg total THC limit per container, is set for December 11, 2026, unless Congress delays it again. We could not confirm in official sources whether Arizona agencies have issued guidance on these dates as of November 3, 2026.[1, 3, 15, 16, 17]

How Arizona defines hemp

Arizona's hemp law calls the plant "industrial hemp." It means Cannabis sativa L. and any part of the plant, growing or not, with no more than 0.3 percent delta-9 THC on a dry-weight basis.[1]

"Hemp products" are products made from industrial hemp, such as cloth, rope, fiber, fuel, grain, paint, paper, building materials, plastics, and by-products of sterile hemp seed or hemp seed oil. The definition excludes any product made to be ingested, except food made from sterile hemp seed or hemp seed oil.[1]

The law's stated purposes include allowing commercial hemp "while maintaining strict control of marijuana." Growers, harvesters, transporters, and processors need a license from the Arizona Department of Agriculture. A license lasts one year, and holders may renew every two years by paying a double fee.[11, 15]

Where that leaves CBD

Arizona's statutes do not mention CBD by name in the hemp law. The federal hemp definition lists extracts and cannabinoids, but Arizona's definition does not. The Attorney General points to this difference when explaining why the hemp law does not cover intoxicating extracts.[1, 3]

Three official texts bear on CBD, and they point in different directions. A footnote in the Attorney General's 2024 opinion says: "The Opinion has no application to cannabis products that are generally understood to be non-intoxicating, such as CBD." It does not say that CBD products are legal.[3]

Arizona's criminal code, A.R.S. § 13-3401, defines "cannabis" to include "the resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin." It leaves out seed oil and cake, fiber and other products of the mature stalks (except resin), and sterilized seed. It has no exception for hemp.[2]

The hemp law itself came from SB 1098, signed May 14, 2018 (Laws 2018, Chapter 287). Its section A.R.S. § 3-320 says: "It is an affirmative defense to any prosecution for the possession or cultivation of marijuana pursuant to title 13, chapter 34 that the defendant is a licensee, or a designee or agent of a licensee, who is in compliance with this article." The same section says it "is not a defense to a charge of possession, sale, transportation or distribution of marijuana pursuant to title 13, chapter 34 that is not industrial hemp." The hemp law also says only licensed people may grow, harvest, transport, or process hemp. It does not mention stores.[12, 18, 19]

As of November 3, 2026, we found no Arizona statute that directly allows or bans CBD oils, gummies, or topicals, and we could not confirm whether state rules or agency guidance address them. In our reading, CBD products may sit in a gray area: the Attorney General's opinion leaves them outside its scope, while the criminal code's definition of cannabis has no hemp exception. We do not draw a conclusion about it.[1, 2, 3]

Delta-8 and other intoxicating hemp products

Attorney General Opinion I24-005, dated March 11, 2024, answered whether businesses without a Department of Health Services license may sell delta-8, delta-10, or other hemp-synthesized intoxicants. Its answer was no. The opinion says these products fall within Arizona's definition of cannabis, a Schedule 1 controlled substance, and that the 2018 hemp law did not create an exception. It adds that it should not be read as a general endorsement of the sale of hemp-synthesized intoxicants by licensed cannabis sellers.[2, 3]

On March 24, 2025, the Attorney General sent letters to retailers and law enforcement. The retailer letter says the unlicensed sale of any THC-infused edible product is illegal in Arizona, including delta-9 THC and similar derivatives, and that the 2018 federal Farm Bill does not override these state rules. Her office said enforcement against unlicensed sellers would begin April 24, 2025.[4, 5]

An Attorney General opinion explains how the Attorney General's office reads the law. It is not a court ruling.[3]

Lawmakers considered changes in 2025. Senate Bill 1556 would have created rules for "adult hemp beverages"; it passed the Senate and was held in the House. Senate Bill 1702, on regulating hemp-derived products, was held in committee. Neither became law. We found no 2026 bill with "hemp" in its title.[8, 9, 10]

Medical and adult-use marijuana

Arizona enacted its medical marijuana law in 2010, and voters approved adult-use marijuana in 2020 (the Smart and Safe Arizona Act). The Arizona Department of Health Services carries out both laws.[3]

Adults 21 and older may possess, buy, and use up to one ounce of marijuana, with no more than 5 grams in the form of concentrate. The adult-use law's definition of marijuana does not include industrial hemp.[6, 14]

The medical program is not limited to adults 21 and older. It covers registered patients, including some under 18 with a parent's consent.[7]

How the 2026 federal changes may fit

Arizona's hemp definition uses its own 0.3 percent delta-9 THC limit and does not refer to the federal definition. One section says commercial production, processing, distribution, and commerce of industrial hemp are allowed "if authorized under federal law."[1, 15]

In our reading, a narrower federal hemp definition may also narrow what that section allows. The Attorney General has said this section is limited by Arizona's own definition of industrial hemp. We could not confirm in official sources whether Arizona agencies have issued guidance on how the federal dates apply in Arizona.[3, 15]

From November 12, 2026, the federal hemp definition excludes products with cannabinoids that a cannabis plant cannot naturally make. The rest of the federal change, including total THC (THCA included), the exclusion of cannabinoids made outside the plant, and a 0.4 mg total THC limit per container for final products, is set for December 11, 2026, unless Congress delays it again.[16, 17]

What changes next

  1. Federal change on cannabinoids the plant cannot naturally make

    From November 12, 2026, hemp products with cannabinoids that a cannabis plant cannot naturally make fall outside the federal hemp definition. We could not confirm in official sources whether Arizona has a separate rule on this.[16, 17]

  2. Rest of the federal hemp change

    The remaining federal changes, including total THC (THCA included), the exclusion of cannabinoids made outside the plant, and the 0.4 mg total THC per container limit, are set for December 11, 2026, unless Congress delays them again. Arizona's hemp statutes set no product limits for CBD that we found.[1, 16, 17]

Who regulates hemp and CBD

Timeline

  1. Governor signs Arizona's industrial hemp law

    Governor signs SB 1098 (Laws 2018, Chapter 287), which created Arizona's industrial hemp program. The law allows commercial hemp if federal law authorizes it.[15, 18]

  2. Attorney General Opinion I24-005

    The opinion concludes that delta-8 and other hemp-synthesized intoxicants may be sold only by sellers licensed by the Department of Health Services. It says it does not apply to non-intoxicating products such as CBD.[3]

  3. Attorney General warns retailers about THC edibles

    Letters to retailers and law enforcement say selling THC-infused edibles or drinks without a marijuana establishment license is illegal.[4, 5]

  4. Announced start of enforcement against unlicensed THC edible sales

    The Attorney General's office said it would take enforcement action from this date against unlicensed businesses still selling THC-infused edible products.[4, 5]

Sources

Show 19 references
  1. A.R.S. § 3-311, Definitions (industrial hemp)
  2. A.R.S. § 13-3401, Definitions (cannabis)
  3. Arizona Attorney General Opinion I24-005 (R24-001), Sale of products containing delta-8 and other hemp-synthesized intoxicants (March 11, 2024)
  4. Attorney General Mayes Warns Retailers and Law Enforcement About Illegal THC Product Sales (Arizona Attorney General, March 24, 2025)
  5. Letter to Arizona retailers on THC-infused products (Arizona Attorney General, March 24, 2025)
  6. A.R.S. § 36-2852, Allowable possession and personal use of marijuana, marijuana products and marijuana paraphernalia
  7. A.R.S. § 36-2804.03, Issuance of registry identification cards
  8. SB 1556, adult hemp beverages; policies; procedures (2025, 57th Legislature, 1st Regular Session): Arizona Legislature bill status record (final disposition: Held in House)
  9. SB 1702, hemp-derived products; regulation (2025, 57th Legislature, 1st Regular Session): Arizona Legislature bill status record (final disposition: Held in Committees)
  10. Arizona Legislature bill list, 2026 57th Legislature, 2nd Regular Session (official bill data)
  11. A.R.S. § 3-314, Industrial hemp licenses; applications; fees; fingerprinting requirements; renewal; revocation
  12. A.R.S. § 3-319, Violations; classification; civil penalties
  13. A.R.S. § 3-316, Recordkeeping, inspection, transportation and distribution requirements
  14. A.R.S. § 36-2850, Definitions (Smart and Safe Arizona Act)
  15. A.R.S. § 3-312, Legislative findings; purpose; authorization
  16. Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
  17. Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
  18. SB 1098, industrial hemp; licensing (2018, 53rd Legislature, 2nd Regular Session): Arizona Legislature bill status record (Signed May 14, 2018; Laws 2018, Chapter 287)
  19. A.R.S. § 3-320, Affirmative defense

Other states

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About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.