On March 24, 2025, Arizona Attorney General Kris Mayes issued letters declaring that the sale of products infused with tetrahydrocannabinol (THC), whether sourced from cannabis or hemp, by non-licensed retailers is illegal in Arizona and may subject unlicensed businesses to civil and criminal penalties.
Arizona retail establishments have, in recent months, seen marketing efforts by a host of producers claiming to offer THC-infused products, including beverages, edibles, salves, and other products. Manufacturers may claim that their products are legal for sale because the origin of the THC ingredients is from hemp – not cannabis – and is otherwise permissible under the Farm Bill of 2018.
The uncertainty created by the contradiction between the Farm Bill of 2018 and the Smart and Safe Arizona Act (Proposition 207) that made certain cultivation and sales of cannabis products in Arizona legal under a strict regulatory regime, led to another instance of ambiguity between State and Federal laws surrounding hemp and cannabis. For the time being, cannabis and cannabis-derived products remain Schedule I drugs that are illegal under Federal law and are only legal under Arizona law in limited circumstances.
Because THC can be extracted from certain hemp products, which are now legal for cultivation, as well as cannabis products, which remain illegal or regulated, some manufacturers have advertised and taken the position that their THC-infused products are legal for sale at any retail establishment.
Attorney General Mayes has now made the State of Arizona's position clear. Only licensed "marijuana establishments" are authorized to sell THC-infused products in Arizona. Attorney General Mayes directed all law enforcement in the state to begin enforcement of this position on April 24, 2025.
As such, distributors and retailers that are not licensed dispensaries are urged to remove and reject any such products from their inventory or offerings to the public.
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