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Industrial Hemp FAQ Page

INDUSTRIAL HEMP PROGRAM FAQ’s

Q: What is the definition of industrial hemp?

A: Industrial hemp is defined as the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a Total Delta-9 Tetrahydrocannabinol (THC) concentration of not more than three-tenths percent (0.3%) on a dry-weight basis. This includes the total calculable amount of the conversion of Tetrahydrocannabinolic Acid (THCA).

Q: I hear a lot about “CBD”, what is “CBD”?

A: “CBD” or Cannabidiol, is a chemical compound that can be extracted from an industrial hemp plant (primarily from the floral material). “CBD” compounds are not narcotic or included in the Controlled Substances Act and is different from the “THC” that is found in marijuana.

Q: Do I need a license to sell CBD oil or other hemp derived wholesale or retail products?

A: You do not need a license issued by the Department if you are selling, manufacturing, or marketing any post-processed hemp materials.

Q: Can I legally sell hemp flower as a retail product?

A: The Department cannot provide legal advice on the interpretation of what is allowed to be sold as a retail product. If you have questions about the legality of your business activity, please consult with an attorney.

Q: Can I grow industrial hemp for personal use?

A: No, a person will only be allowed to grow and/or process industrial hemp for commercial or research purposes.

Q: When can I apply for an industrial hemp license for 2020?

A: Anytime, there is no cut-off for applying for a license.

Q: My license expired, can I still apply for a license?

A: Yes, even if your previous license expired you can re-apply for the program and there is no penalty for allowing your previous license to expire.

Q: Will there be any changes in the fees for 2020?

A: The licensing fees in A.A.C. Table 1 of R3-4-1005 will not change for the 2020 season.

Q: Will the Department limit the number of licenses issued, or will there be any size requirements for the area to be planted?

A: No, There will be no limitation on the number of licenses issued or a size requirement to be licensed.

Q: What types of licenses will be available?

A: There will be five types of licenses that can be applied for, individually or as a combination of two or more. Grower, Harvester, Transporter, Processor, and Nursery.

Q: How do I obtain a business license for my hemp business?

A: The Department does not issue business licenses. Please follow this link for business license information: https://www.azcommerce.com/small-business/quick-links/business-licensing/

Q: Who will be able to apply for an industrial hemp license?

A: Any U.S. citizen or legal alien who meets the following requirements and can provide:

  • Accurately completes a Department approved application (pending development).
  • Provides a copy of the person’s Level I Fingerprint Clearance Card issued by the Fingerprint Division of the AZ Dept. of Public Safety. No other forms of background check documents are approved.
  • Provides proof of age and legal presence status.
  • Submits complete payment for the Program licensing fee.

Q: How can I apply for an industrial hemp license?

A: Visit https://agriculture.az.gov/plantsproduce/industrial-hemp-program and download your application under the “Industrial Hemp Applications and Forms” page.

Q: How can I pay for my license?

A: After an application is approved, the Department will only accept payments in the form of check, cashier’s check, or money order. No cash or credit card payments will be accepted.

Q: Will I need a license issued by the Department?

A: Possibly, please refer to the definitions in statute ( A.R.S. § 3-311 ) of a Grower, Harvester, Transporter, and Processor to see if your operation would fit in any of these categories.

Q: I have questions about getting a Level I Fingerprint Clearance Card, who do I contact?

A: All questions regarding the fingerprint clearance cards must go through the Application Clearance Card Team (ACCT) of the Arizona Dept. of Public Safety. Also, do not deliver fingerprint clearance card applications to the Dept. of Agriculture. Call 602-223-2279 or visit: www.azdps.gov/services/public/fingerprint

Q: When I submit my application, will I be issued a license right-away?

A: No, the Department will need to validate eligibility, accuracy of the contents of the application, and ensure the licensing payment clears. This may take a few days, and up to fourteen (14) business days based on workload and completeness of the application received.

Q: Can I go ahead and purchase seed or propagative materials before I’m issued a license?

A: A person may not possess seed or propagative materials for planting in the State, under this program, unless they are licensed by the Department.

Q: Can I get a fee exemption to start trials or conduct research on industrial hemp?

A: Only if it is for non-profit and the criteria under A.A.C. R3-4-1005 is met.

Q: What zoning/distance requirements will I have to comply with?

A: It will be the responsibility of the applicant to determine if there are any local zoning, codes or ordinance restrictions. Cross-pollination issues are the responsibility of the applicant/licensee to be aware of to protect their crop.

Q: What effect does the 2018 farm bill have on Arizona’s Industrial Hemp Program?

A: The 2018 Farm bill changes the Controlled Substances Act and removes industrial hemp from the definition of marijuana and it allows for the commercialization of industrial hemp. It will still require a person to obtain a license from the Department and follow compliance guidelines for producing and processing industrial hemp.

Q: Where can I find information about the USDA-AMS regulations on industrial hemp production?

A: Here is a link to where the Interim Rules that were posted and made effective on October 31, 2019 can be found. https://www.ams.usda.gov/rules-regulations/hemp

Q: Will I be able to manufacture “CBD” products from industrial hemp?

A: Yes, however the Department’s oversight only extends from the growth and cultivation of industrial hemp, up to the point of processing. For licensed processors, the Program will focus on ensuring they receive raw material that is below 0.3% THC. If there are food handling laws, laws and regulations under the oversight of the Food and Drug Administration, or other laws related to manufacturing of another agency, then those issues are out of the Department’s scope of regulatory oversight.

Q: I have a license to grow hemp, now what?

A: It is the grower’s responsibility to find seed or planting material to produce a crop. Growers must submit pre-planting reports prior to planting; planting reports within 7 days of planting, and notify the Department no less than 14 Days prior to harvest to schedule an inspection and sample collection.

Q: I have a license to process hemp, now what?

A: It is the processor’s responsibility to find eligible hemp plant material from an authorized grower to process into any number of hemp products. A processor must notify the Department of all shipments received within 72 hours by providing the information required in A.A.C. R3-4-1011 and for the billing of the processor assessment fee in Table 1 of A.A.C. R3-4-1005.

Q: My hemp crop was sampled by the Department, can I harvest my crop?

A. Yes, you can harvest your crop, but you cannot send it to a processor until you are provided a Crop Certificate, issued by the Department.

Q: Who do I contact about Lab Certification for testing the THC levels in Hemp?

A. Please contact the State Agricultural Lab at 602-744-4904 or [email protected] for lab certification questions.

Q: I have more questions, who can I contact?

A: Please email: [email protected] or call (602) 542-0955

Industrial Hemp FAQ Page INDUSTRIAL HEMP PROGRAM FAQ’s Q: What is the definition of industrial hemp? A: Industrial hemp is defined as the plant Cannabis sativa L. and any part of

Is CBD oil legal in Arizona?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Arizona CBD laws
  4. Where to buy CBD in Arizona
  5. How to read CBD labels and packaging

Cannabis-derived products, including CBD, were legalized for eligible Arizona medical marijuana patients in 2010. Adult-use cannabis remains illegal following a failed initiative in 2016.

While the guidelines for the cultivation and production of industrial hemp in Arizona were outlined in 2018 Senate Bill 1098, the state’s CBD market is relatively unregulated at present due to the absence of specific state law. As a result, CBD remains relatively easy to purchase—so long as the CBD was derived from industrial hemp plants that conform with federal requirements.

What is CBD?

CBD is a non-intoxicating cannabinoid found in cannabis and the second-most prominent in the plant after THC, which is largely responsible for producing an intoxicating high. CBD can be sourced either from marijuana or hemp plants and has a wide range of potential therapeutic benefits.

CBD oil dropper

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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CBD oil dropper

To date, researchers have identified a number of potential applications linked to CBD, including anti-inflammatory, analgesic, anti-anxiety, and anti-seizure properties. Further, the chemical has shown promise in treating numerous health conditions, including seizure disorders, mood disorders such as depression, anxiety, and psychosis, chronic pain, and many more.

Most raw cannabis strains on the market today contain small amounts of CBD, especially compared with THC. But since the cannabinoid has gained considerable attention for its wide range of purported therapeutic benefits, more high-CBD strains have recently been cultivated.

Why is CBD sometimes illegal?

All types of cannabis, including hemp strains that don’t produce enough THC to cause intoxication, were considered illegal under the Federal Controlled Substances Act of 1970. The law categorized all cannabis as Schedule 1, which defined the plant as a highly addictive substance with a high potential for abuse and no accepted medical use.

The 2018 Farm Bill re-classified hemp as an agricultural commodity and made its cultivation federally legal. Further, the act removed some forms of cannabis from Schedule 1 status by creating a legal distinction between hemp and marijuana. Hemp is cannabis with less than 0.3% THC, and marijuana refers to cannabis with more than 0.3% THC. This distinction in federal law effectively legalized CBD that is derived from cannabis with less than 0.3% THC, as long as it has been cultivated according to federal and state regulations.

The 2018 Farm Bill legislation does not mean that CBD derived from hemp is universally legal throughout the United States. According to the Farm Bill, the Food and Drug Administration (FDA) has the power to regulate CBD product labeling, including therapeutic claims and the use of CBD as a food additive.

The FDA has declared that even hemp-derived CBD may not legally be added to food and beverages, or marketed as a dietary supplement. Although the organization has begun to re-evaluate some of its stances on legal CBD products, the FDA has not revised its regulations. The agency also has been strict in its position against any labeling that could be perceived as a medical claim about CBD.

In addition to the federal regulation of CBD, the Farm Bill also gave states the option to regulate and prohibit the cultivation and commerce of CBD. States may also regulate CBD in food, beverages, dietary supplements, and cosmetic products independently, even before the FDA finalizes its policies.

Arizona CBD laws

To date, Arizona lawmakers have not created specific regulations for hemp-derived CBD products; rather, the state’s hemp legislation makes subtle references to CBD products.

The Arizona State Legislature passed SB 1098 in May 2018. This bill allows the state to establish and regulate a program for growing, harvesting, processing, researching, and selling industrial hemp. There are several critical provisions within this bill, although ambiguously worded, that have come to define Arizona’s stance on CBD.

Firstly, ‘industrial hemp’ is defined as a cannabis plant that contains no more than 0.3% THC by dry weight. The law also makes an important distinction that any part of the plant that meets this definition is by extension allowable.

The second key provision is the bill’s reference to hemp products. SB 1098 expresses that Arizona’s industrial hemp program is designed to research the growth, cultivation, and marketing of industrial hemp, hemp seeds, and hemp products. ‘Hemp products’ are defined as all products formulated from a legal industrial hemp plant. This wording also implies CBD products derived from an industrial hemp plant.

Ultimately, Arizona law has made no explicit rulings either way on the specific issue of hemp-derived CBD. But recent legislation such as SB 1098, combined with the 2018 Farm Bill, have in practice established the precedent that hemp-derived CBD oil and other CBD products will not be prosecuted by the law.

CBD products derived from cannabis are legal for medical patients registered in Arizona’s medical marijuana program. Photo by: Gina Coleman/Weedmaps

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CBD products derived from cannabis are legal for medical patients registered in Arizona’s medical marijuana program.

Licensing requirements for CBD

Individuals who wish to cultivate, harvest, transport, process hemp, or open a hemp plant nursery in Arizona must first apply for a license issued by the Arizona Department of Agriculture. Applicants must complete the application form, provide a copy of a Level I Fingerprint Clearance Card, and pay the applicable fee for the license they are seeking. Licenses are to be renewed annually.

Growers must submit pre-planning reports before planting, reports within seven days of planting, and notify the Department of Agriculture within 14 days before harvest to schedule an inspection and take samples for THC testing.

Individuals who are selling, manufacturing, or marketing hemp or CBD oil products do not require a license from the Department of Agriculture. The Department’s oversight only reaches to the growth and cultivation of industrial hemp.

Arizona CBD possession limits

The state of Arizona has not yet established limits for hemp-derived CBD possession.

There are possession limits, however, for patients registered with Arizona’s medical marijuana program. Registered patients can purchase cannabis products containing both THC and CBD at licensed medical marijuana dispensaries. Patients are allowed to possess up to 2.5 ounces of cannabis over a 14-day period.

While Arizona has no explicitly stated penalties for those found in possession of cannabis-derived CBD, there are penalties for those found with cannabis in their possession.

Individuals found with less than two ounces may be charged with a felony, receive a sentence of 4 months to two years, and a maximum fine of $150,000.

Individuals found with 2 to 4 ounces in their possession may be charged with a felony, receive a sentence of 6 months to 2.5 years, and a maximum fine of $150,000.

Individuals found with more than 4 ounces in their possession may be charged with a felony, receive a sentence of 1 to 3.75 years, and a maximum fine of $150,000.

Where to buy CBD in Arizona

Currently, you can buy CBD oil and other CBD products both online and in storefronts throughout Arizona. These shops include convenience stores, health food stores, organic stores, coffee shops, and CBD-specific retailers.

CBD oil

Currently, you can buy CBD oil and other CBD products both online and in storefronts throughout Arizona. Photo by: Gina Coleman/Weedmaps

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CBD oil

When it comes to online sales, CBD is most frequently found on brand-specific websites. You can also find verified CBD brands on Weedmaps.

Reputable brands will generally provide you with essential product details, including the form of the CBD (such as oil, capsules, topicals, tinctures, etc.), the quantity of CBD the product contains, the other chemicals or ingredients present in the product, and more.

When purchasing from a brick and mortar shop, particularly if the store specializes in CBD, you can typically receive guidance from an employee. Explain what you’re looking for, your reasons for consuming CBD, and they can point you in the right direction.

How to read CBD labels and packaging

The 2018 Farm Bill shifted the oversight of hemp and hemp-derived products from the U.S. Department of Justice (DOJ) to the U.S. Food and Drug Administration (FDA). The FDA does not presently allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t yet provided regulations for hemp-derived CBD products.

Still, the agency warns that regulations in flux still require companies to make legitimate claims on their labels. Buyers should nonetheless approach CBD products with caution. Most reputable CBD producers typically include the following information on their CBD product labels:

  • Amount of active CBD per serving.
  • Supplement Fact panel, including other ingredients.
  • Net weight.
  • Manufacturer or distributor name.
  • Suggested use.
  • Full-spectrum, broad-spectrum, or isolate.
  • Batch or date code.

Is CBD oil legal in Arizona? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Arizona CBD laws Where to