Arizona Legalizes Recreational Marijuana Use: Hemp VS. Delta 8… What you need to know
In Arizona for recreational use it is up to one ounce (28 grams) of dry marijuana, or 5 grams of concentrated marijuana. In addition, adults 21 and older may also grow up to 6 marijuana plants for personal use at their residence, as long as they are in a secure, enclosed area that is not visible from a public location. However, there are some restrictions on the recreational use of marijuana in Arizona. Smoking marijuana is prohibited in public places, in work areas, and in moving vehicles, whether as a driver or passenger. Additionally, marijuana use is not allowed in schools, playgrounds, child care centers, or places where there are general smoking restrictions.
Proposition 207 also established state and local regulation of the production and sale of marijuana for recreational use in Arizona. This means that establishments that want to sell recreational marijuana must be licensed by the state and comply with established requirements and regulations, such as product safety, product quality, and prevention of access by minors.
It is important to note that medical and recreational marijuana are two separate programs in Arizona. Medical Marijuana Registry ID card holders are not subject to the minimum age of 21 to use marijuana, and may continue to purchase cannabis or marijuana products to legally smoke or consume, as long as they comply with the regulations of the Medical Marijuana Registry. medical marijuana.
In addition, Proposition 207 also allowed courts to vacate and expunge certain prior marijuana convictions, charges, sentences, and convictions, providing the opportunity for a legal pardon for those who have been convicted of marijuana-related crimes in the past. It is important to note that despite the legalization of marijuana in Arizona, DUI (driving under the influence) laws have not changed. Driving, bicycling, operating a boat, or flying an airplane while under the influence of marijuana or THC remains a crime in Arizona, and drivers can face legal and criminal penalties for driving under the influence of marijuana.
In terms of medical conditions that are valid for medical marijuana use in Arizona, the law states that only "Qualified Patients" who have been diagnosed by a physician with a debilitating medical condition may obtain a Medical Marijuana Registry identification card. . Some of the common health conditions that qualify for the use of medical marijuana in Arizona include Alzheimer's, cachexia, cancer, chronic pain, Crohn's disease, glaucoma, hepatitis C, HIV/AIDS, spasms muscle pain, nausea, post-traumatic stress disorder (PTSD), sclerosis, and seizures, among others.
Arizona has joined the list of states in the United States that have legalized the recreational use of marijuana. In November 2020, Arizona voters approved Smart & Safe Arizona, which allows adults age 21 and older to legally purchase up to one ounce of marijuana for recreational use beginning in 2021. This measure has spawned a number of changes in the laws and regulations related to marijuana in the state. One of the main provisions of Proposition 207 is that adults can now grow up to 6 marijuana plants for personal use in their homes, as long as certain requirements are met and a grow license is obtained. In addition, the retail sale of marijuana in licensed establishments has been authorized, creating a new industry in the state.
However, it is important to note that marijuana use is subject to specific regulations in Arizona. For example, smoking marijuana in public places is prohibited, and consumption in private places is subject to certain restrictions. In addition, a 16% excise tax on recreational marijuana sales has been implemented, although this tax does not apply to medical marijuana purchases.
About the Delta 8
The legal status of delta-8 THC, a hemp-derived cannabinoid, has been the subject of debate in many US states. Currently, most states define hemp products under federal law, which means that hemp-derived delta-8 THC is legal in many parts of the country. However, some states have local laws that affect the legality of delta-8 THC in their territory.
In Arizona, hemp-derived delta-8 THC is not legal under local laws. Although hemp and medical marijuana are legal in the state, delta-8 THC is prohibited. This is because Arizona prohibits synthetic cannabinoids, THC isomers, and tetrahydrocannabinols in general, based on their local laws. Therefore, even though delta-8 THC is derived from hemp, its possession, sale, and use are not permitted in Arizona.
It is important to note that the legality of delta-8 THC can change quickly, as regulations and laws are subject to constant change and updates. In this case, the Federal Drug Enforcement Administration (DEA) has proposed a rule that would classify delta-8 THC as a Schedule I controlled substance, making it federally illegal. However, this proposed rule has not yet become law and is open for review until October 2021.
It is critical that consumers and businesses operating in the cannabis industry are aware of and comply with local and federal laws in their state to avoid facing legal consequences. In the case of delta-8 THC in Arizona, its use is not permitted, and individuals who possess, sell, or use it may face legal penalties. In short, while hemp-derived delta-8 THC is federally legal in many US states, its legality in Arizona is prohibited under local law. It is important to stay informed about the constantly evolving regulations and laws regarding cannabis and its derivatives in your state.
In conclusion, the legality of hemp-derived delta-8 THC in Arizona, as in other states in the United States, is subject to local laws and regulations that can change rapidly. Although delta-8 THC is federally legal under the definition of hemp in federal law, it is prohibited in Arizona due to local laws that prohibit synthetic cannabinoids, THC isomers, and tetrahydrocannabinols in general.
It is essential that consumers and businesses in the cannabis industry stay informed and comply with the regulations and laws in their state to avoid legal consequences. The DEA's proposed rule that would classify delta-8 THC as a Schedule I controlled substance is an example of how regulations may change and affect the legality of delta-8 THC in the future. In view of this, it is important to closely monitor the evolution of laws and regulations regarding delta-8 THC and other cannabis products, and ensure compliance with local and federal regulations in each state. The legality of delta-8 THC can vary from state to state, and it is the responsibility of consumers and the cannabis industry to operate within the legal limits established in their jurisdiction.
Sources:
AnooradhaUnni (2022). ¿Es el CBD legal en Arizona?. Hemppedia.https://hemppedia.org/es/es-el-cbd-legal-en-arizona/#:~:text=En%20Arizona%20se%20permite%20el,la%20recomendaci%C3%B3n%20de%20un%20m%C3%A9dico.
ESSENCE CANNABIS DISPENSARY. (2023). ¿QUÉ ES EL DELTA-8 THC? https://essencevegas.com/es/blog-es/que-es-el-delta-8-thc/#:~:text=Otros%20estados%20donde%20el%20delta,Montana%2C%20Rhode%20Island%20y%20Utah.
White, B. (2022). ¿Es legal la hierba en Arizona? Leyes de marihuana de Arizona y la Proposición 207. Law Offices of Brandon White, P.C. https://brandonwhitelaw.com/es/blog/arizona-prop-207-and-recreational-marijuana#:~:text=%C2%BFEs%20legal%20la%20marihuana%20en,uso%20de%20adultos%20en%202021.