PHOENIX — Arizona Attorney General Kris Mayes is warning local retailers that it is considered illegal to sell cannabis-infused products without a proper license.
In a letter dated March 24, the attorney general said there appears to be some confusion regarding what types of businesses are allowed to sell THC-infused edibles and beverages.
The Federal Farm Bill of 2018 permitted the production of hemp products with a certain amount of THC. However, a state proposition legalizing marijuana in Arizona requires THC-infused products to only be sold by licensed entities.
“As the top law enforcement official of Arizona, I needed to send a signal that we mean business, and we’re not going to let these businesses sell to kids,” Mayes said.
Mayes said the federal law does not preempt Arizona’s law and local businesses will be expected to comply with state regulations or risk facing the penalties.
“It’s also not acceptable to the people of Arizona who passed and legalized marijuana in a proposition, in a ballot initiative, and put some very specific guard rails on the sale of these products,” Mayes said.
Mayes’ push to stop the sale of these products has the backing of the Arizona Sheriff’s Association. Yavapai County Sheriff David Rhodes has concerns over the legality of the sale and the impact consuming them has on young people.
“Arizona state law has said that hemp produced to be consumed as an intoxicant, is illegal outside of the dispensaries, and it’s a public safety issue,” Rhodes said.
Rhodes pointed out that proving someone is intoxicated by THC behind the wheel can be much more difficult than alcohol intoxication.
“THC stays present in the system of the human body for so long, weeks, 30 days, 60 days, even though you’re not impaired, that testing is really not a reliable indicator as to if somebody is impaired,” he said.
The attorney general’s office is giving unlicensed retailers until April 24 to stop selling THC products before law enforcement will be expected to enforce the law. If they don’t, fines of up to $20,000 can be imposed or criminal consequences of a class-two felony charge.
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