Is CBD Oil Legal in Arizona?

person Larry Ostrovsky
calendar_today Oct 04, 2018

If you need cannabidiol, Arizona is one U.S. state where you can safely access it under its current legislation, but you need to be very sure you're on the right side of the law on every detail.

Cannabidiol, or CBD, is a compound derived from the Cannabis sativa L. plant, with subsets or varieties known as marijuana and hemp. Fortunately, under federal law, hemp-derived CBD oil is 100% legal and easily obtainable online and in most states.

Is CBD Oil Legal in Arizona?

Having legalized weed for medical purposes in 2010 already with the Arizona Medical Marijuana Act (AMMA), the Grand Canyon state is still among the more conservative and restrictive in the U.S. Its constituents voted out the use of marijuana for recreational purposes again this year, and state courts are not known for leniency or dillydallying in this regard, as a recent court ruling has demonstrated again. More about this later.

It would be best to arm yourself with reliable knowledge before obtaining any marijuana or related products. So, read on to learn under which conditions AMMA protects you, whether you qualify for the Medical Marijuana Program, what the federal law says about CBD oil, and also what the latest court case in Arizona is all about.

Is CBD Oil Legal in Arizona And the Rest of The U.S.?

Yes, if the following apply:

You or your designated caregiver qualify for and are registered with the state Department of Health Services' Medical Marijuana Program. For the use of medical marijuana or cannabidiol, Arizona-registered physicians need to give their recommendation. This is done by filling out a Physician Certification Form that needs to be submitted to the Department of Health Services. Downloadable forms are available on their website.
You are in possession of a medical marijuana card, or your caregiver is in possession of one on your behalf.
You have purchased your product from a registered state government dispensary.
You or your designated caregiver carry up to 2.5 ounces of marijuana every 14 days. That's five ounces per month.
If you live far from a government dispensary (25 miles or more), you may legally cultivate up to 12 plants for your own use. In this, Arizona is more progressive than many other states. [1]

Continue reading for more information on CBD's legal status on the federal level.

Is CBD Oil Legal in Arizona And the Rest of The U.S.?

What Are the Qualifying Medical Conditions for Registration to the Medical Marijuana Program?

Arizona's list of qualifying "debilitating medical conditions" is unfortunately rather short.

In order to apply for a Medical Marijuana Program registration card successfully, you need to have been medically diagnosed to be suffering from one of the following:

HIV/AIDS
Cancer
Hepatitis C
Glaucoma
Multiple sclerosis
Amyotrophic lateral sclerosis (ALS)
Agitation of Alzheimer's disease
Crohn's disease
Posttraumatic Stress Disorder (PTSD)
Any medical condition that results in severe and chronic pain, wasting syndrome, seizures, severe nausea, or severe and persistent muscle spasm.

Between January and July each year, the state's Department of Health Services (DHS) accepts petitions to add conditions to this list for the Program. In this regard, they also hold public hearings for public comment every now and then.

Unfortunately, based on info from the DHS website, it seems that the last public hearing with any effect was held in 2013. [2]

To apply for a Medical Marijuana Program registration card successfully, you need to have been diagnosed to be suffering from one of the listed conditions.

Can I Safely Smoke Weed or Vape CBD Oil for Medical Purposes?

Yes, you can smoke weed and use a vape pen. But the vape juice formulation needs to be adequately covered by Arizona law. Be very sure that the product you use is not resin extracted from either marijuana or hemp.

Not so long ago, a registered Medical Marijuana Program Arizona constituent from Chino Valley was charged with unlawful possession and incarcerated. This was because he had hashish, or marijuana resin, in his possession. Resin, according to the state court, was not covered under AMMA, and as it turns out—even federal law excludes resin.

Unfortunately, this also applies to hemp-derived CBD, which was recently clarified as completely legal by the Diversion Control Division of the Drug Enforcement Administration (DEA) in a new drug code.

Can I Safely Smoke Weed or Vape CBD Oil for Medical Purposes?

Hemp-Derived CBD Oil Is Legal in Arizona and the Rest of the Country

The DEA's Code 7350 stipulates that any CBD extracted from the mature stalks or sterilized seeds of Cannabis sativa L. hemp does not fall under the Controlled Substances Act (CSA) definition of marijuana. It is therefore considered legal, and you will not be prosecuted for possession if caught. However, this excludes all Cannabis sativa L.-derived resin.

The CSA states: "The term 'marihuana' means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination."

The DEA memo goes on to clarify that if an extract of cannabinoids (such as CBD) was produced using extracted resin from any part of the cannabis plant (including the parts excluded from the CSA definition of marijuana), such an extract would be included in the CSA definition of marijuana. All this basically means that CBD resin is thoroughly illegal. [3]

Many edibles and vape oils are resin-based, which affects many suppliers in Arizona. However, the law is very clear on the matter, and it seems to be because resin tends to characteristically contain a lot more tetrahydrocannabinol (THC) than CBD. [4]

For the uninitiated—THC is the cannabis compound that is responsible for marijuana's psychotropic “high.” Under federal law, marijuana is a Class I prohibited substance for this reason, but many states allow for recreational use of THC-rich marijuana.

Recreational use of weed in Arizona won't be legal anytime soon, it seems. However, is the medical use of CBD oil legal in Arizona? Yes, and state law will protect you against prosecution under most circumstances. Be sure to study the Medical Marijuana Program information for details of this cover, all of which are available on the Arizona Department of Health Services website.

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