TUCSON, Ariz. — Arizona Attorney General Kris Mayes has issued an official opinion requiring unlicensed retailers to cease the sale of THC-infused products by April 24, 2025, or face potential legal action.
The announcement targets businesses selling such products without a valid marijuana establishment license, including smoke shops and gas stations.
In letters addressed to both retailers and law enforcement agencies, Mayes emphasized that under Arizona law, only licensed dispensaries are authorized to sell THC products, including edibles and beverages.
She noted that some businesses might have misunderstood the law due to provisions related to hemp products in the Federal Farm Bill of 2018.
"Given the possible confusion created by the Federal Farm Bill, I understand that some retailers may not have been aware of these restrictions," the opinion stated.
However, Mayes clarified that "Prop 207 is clear that THC products must be sold at establishments specifically licensed to do so."
Moe Asnani, founder and partner of D2 Dispensaries, highlighted the stringent regulations that licensed dispensaries adhere to.
"We’re required to test for safety, potency, outside contaminants," Asnani said. "And I don’t think that’s happening on the other side."
He expressed concerns about the extraction processes used for hemp-derived THC products.
"If you’re doing a conversion process and converting CBD to THC delta-nine and then to THC-10, we don’t know what is happening with the chemical conversion," he said.
Sully Sullivan, Executive Director of the Hemp Industry Trade Association of Arizona, acknowledged the need for more regulation of hemp-derived products.
He pointed out that "unregulated — any kind of product — because by nature it’s unregulated, there’s no testing regulations, no packaging regulations, marketing, labeling."
But instead of banning hemp-derived THC products outright, Sullivan advocated for new state legislation.
"We’re seeing many states across the country passing pro-hemp regulation bills," Sullivan said. "Those prevent and weed out the bad actors."
Despite concerns about creating a monopoly for state-licensed dispensaries, Sullivan advised retailers to comply with the directive.
"The attorney general is serious," he said. "She’s given us a deadline of April 24th; she’ll begin enforcement."
The Arizona Dispensaries Association, which supports Mayes' directive, emphasized consumer safety and legal compliance.
"This is a critical step in ensuring the safety of our communities, families, and consumers," said Ann Torrez, ADA Executive Director. "Arizona’s cannabis program is highly regulated, and the safety of consumers is our industry’s top priority."
Mayes' office has indicated that enforcement actions may include civil and criminal penalties for non-compliant businesses.
She urged retailers to act promptly to avoid potential legal consequences.
"This is about protecting public health and ensuring the will of the voters is respected," her opinion stated.
Retailers seeking further information or clarification are encouraged to consult the letters issued by the Attorney General's Office, available on the official website.
——
Eddie Celaya is a multimedia journalist at KGUN 9. Born in Tucson and raised in the Phoenix area, Eddie is a life-long Arizonan and graduate of the University of Arizona who loves the desert and mountains and hates the cold. Previously, Eddie worked in print media at the Arizona Daily Star. Share your story ideas with Eddie at edward.celaya@kgun9.com, or by connecting on Facebook or Instagram.
