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Posted on June 3, 2020 in Arizona Law

Is CBD Oil Legal in Arizona?

You may have read about the healing properties of CBD oil since a 2018 bill decriminalized its use. There are many products on the market that claim to have health properties because they contain CBD oil. Whether the claims are true is unknown.

While it may be safe for many people to use, CBD oil can cause several side effects. Some of the side effects could be dangerous for some individuals.

The Food and Drug Administration (FDA) is still working to determine the safety and quality of products containing CBD oil. When you see products containing CBD oil that claim certain health benefits, it is important to remember that the FDA has not approved the claims made by these companies. The FDA has approved only one CBD product, a prescription drug that treats rare forms of epilepsy.

What is CBD Oil?

CBD or cannabidiol oil is extracted from hemp. Hemp and marijuana both come from the same cannabis plant family.

However, hemp does not contain THC (Tetrahydrocannabinol). THC is the psychoactive compound in marijuana that gives you a “high” sensation.

Therefore, hemp and CBD oil derived from hemp will not make you “high.” It is important to note that CBD can be extracted from marijuana. If you use CBD from marijuana, you will experience the mind-altering sensation that you would feel from smoking marijuana.

Is it Legal to Use CBD Oil in Arizona?

The 2018 Farm Bill reclassified hemp. It is now legal to grow industrial hemp. Likewise, Governor Doug Ducey approved SB 1098 that allows individuals and universities to grow industrial hemp in Arizona.

However, individuals who grow hemp in Arizona must obtain a license. The hemp must have less than 0.03 THC. Hemp growers must also comply with other federal and state regulations to grow hemp legally in Arizona.

Because hemp and the CBD oil extracted from hemp are non-intoxicating, it is legal to use in Arizona. However, you should always buy products from a reputable seller.

Some manufacturers may not be careful when testing for the presence of THC. Also, cross-pollination may occur in states that have legalized recreational or medical marijuana. If growers in those states have hemp and marijuana plants, the hemp plants could contain more THC than allowed by law.

A person using CBD oil from a retailer in another state could unintentionally consume or absorb THC into their system. When an employer performs a drug test, the individual loses his or her job for drug use.

Therefore, using CBD oil or products containing CBD oil may be legal in Arizona. However, you do so with the risk that you could face serious consequences if you test positive for THC.

Recreational Marijuana is Still Illegal in Arizona

The Arizona Medical Marijuana Act (AMMA) legalized medical marijuana in Arizona. However, there are very strict restrictions on the use of medical marijuana. A person could still face criminal charges if they possess large quantities of marijuana, operating a vehicle under the influence of marijuana, or break any of the medical marijuana laws.

Arizona has not legalized marijuana for recreational use. Buying, possessing, selling, growing, and distributing marijuana is a crime.

A person could face serious criminal penalties for marijuana crimes. For instance, a first-time drug possession charge for a small amount of marijuana is a felony charge. You could face substantial prison time and fines for having just a small amount of marijuana.

In addition to the criminal penalties, a conviction of possession of marijuana could have other consequences. A college student could be kicked out of his or her dorm and face other school consequences for possession of drugs.

Anyone who is required to have fingerprint clearance cards as part of their job could have serious problems. If you are arrested for marijuana possession, you could lose your fingerprint clearance. Health care professionals arrested for drug charges could face suspension of their license.

What Should I do if I am Arrested on Cannabis Charges?

Do not assume that you will receive lenient treatment if you do not have a criminal record. Prosecutors and judges treat drug crimes very seriously, including simple possession of marijuana.

Depending on the amount of marijuana in your possession, and other factors in your case, potential penalties for marijuana possession include:

  • Imprisonment
  • Fines
  • Probation
  • Drug testing
  • Community service
  • Counseling and/or treatment for drug abuse

If you are arrested for a drug crime, it is best to remain silent. Trying to “talk your way out of” a drug charge can make matters worse. You may give police officers additional evidence that could be used against you in court.

Instead, respectfully decline to answer questions without an attorney. Make sure that you ask for an attorney. Asking if you need an attorney is not sufficient.

Your attorney can explore various defenses against drug possession with you. You may also be entitled to a diversion program or reduced sentence, depending on the facts in your case.