The Arizona Attorney General’s Office (AGO) has become aware that businesses, from small local shops to large companies, are selling drinks and food made with tetrahydrocannabinol (THC). However, some of these businesses are not licensed “marijuana establishments” under the Smart and Safe Arizona Act (Proposition 207). Many of these businesses have argued that the sale of THC-infused products is permissible under the Federal Farm Bill of 2018 and AGO Opinion No. 124-005. This has raised a lot of questions.
In Arizona, it is illegal to sell any THC-infused food or drink without proper license. The AGO previously issued AGO Opinion No. 124-005 that prohibits the sale of delta-8 THC products and other hemp-derived intoxicants, whether currently available or developed in the future, including Delta-9 THC and similar derivatives. Therefore, the sale of all THC-infused edible products by an unlicensed business is prohibited in the state of Arizona. Even if such products are legal under the Farm Bill of 2018, federal law does preempt Arizona’s more stringent State laws.