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Courthouse News Service

Because the 2018 Farm Bill draws a line between marijuana and lower-THC hemp products, hemp industry representatives say selling hemp products like delta-8 without a license doesn’t violate Arizona’s marijuana laws.

PHOENIX (CN) — Representatives of Arizona’s hemp industry will file a special action in the Arizona Court of Appeals Wednesday to protect retailers selling delta-9 and other non-marijuana THC products without a marijuana dispensary license.

The Hemp Industry Trade Association of Arizona says Democratic Attorney General Kris Mayes misinterpreted state and federal law when she declared all hemp products illegal to sell without a dispensary license and threatened retailers with civil and criminal enforcement beginning on April 24, and will ask the appellate court to stop enforcement pending litigation in Maricopa County Superior Court.

“They’re wanting to enforce what they wish the law was, but it’s not,” attorney Tom Dean said at a Hemp Industry Trade Association of Arizona press conference outside the state Capitol Wednesday morning.

The 2018 Farm Bill drew a line in the sand between marijuana, containing a THC concentration of 0.3% or more, and hemp, which contains the psychoactive compound but in lesser concentrations. While both products are derived from the same plant, cannabis sativa, the Farm Bill legalized the lower THC hemp products at the federal level.

Because federal law distinguishes hemp from marijuana, the association argues that the sale of hemp products cannot be subject to state marijuana laws, and retailers selling them have therefore committed no violations.

Mayes says the state law applies to all THC products.

“Arizona law is clear: intoxicating THC products must be sold through licensed dispensaries, not convenience stores or smoke shops,” attorney general’s office spokesperson Richie Taylor said. “Protecting children from potent, untested substances is a critical responsibility, and Attorney General Mayes will enforce the law to keep Arizona communities safe.”

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