Why is delta-8 illegal in Arizona? What parents should know about the drug

As more teenagers have experimented with delta-8, a drug derived from hemp and cannabis, state officials say they have moved to tighten restrictions on the substance.

Delta-8, also called “diet weed,” has become increasingly popular among teenagers for its psychoactive effects, which reportedly cause a milder “high” than delta-9, the main intoxicating component in marijuana. In a Monitoring the Future survey published Tuesday, over 1 in 10 high school seniors nationwide reported using delta-8 in 2023.

Although delta-8 products are federally legal, state officials have battled over whether restrictions should be implemented due to safety concerns. Here’s what to know about delta-8 usage in Arizona.

What is delta-8?

Delta-8, short for delta-8 tetrahydrocannabinol, or delta-8 THC, is a psychoactive chemical compound, meaning that it causes a “high.”

However, most users report it lacks some psychoactive side effects, like paranoia, that may accompany the high caused by delta-9, found in marijuana, a variety of the cannabis plant. As a result, delta-8 has been called “weed lite” by its enthusiasts.

While delta-8 is also found in cannabis and hemp, it does not naturally occur in significant amounts. Because of this, concentrated amounts of the substance are usually manufactured from hemp-derived cannabidiol, or CBD. Using this method, manufacturers can create large quantities of the drug to make vape pens and infuse it into food, like gummies.

Is delta-8 federally legal?

Because delta-8 is derived from the hemp variety of cannabis, which became federally legal through the 2018 Farm Bill, there are no federal restrictions on “diet weed.” Because the bill also lacked any explicit prohibitions on delta-8, it established a loophole that made it legal for manufacturers to create and sell delta-8 products derived from hemp, even as its cousin, delta-9, remained federally illegal.

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With the creation of the loophole, sale of consumable hemp products, like those containing delta-8, skyrocketed.

In May 2022, a federal judge in California ruled that it was legal to produce delta-8, as well as other CBD compounds derived from hemp, ending a legal dispute over whether the loophole was legitimate.

Currently, there is no federal minimum age requirement to purchase delta-8 products, which may be sold online as well as in gas stations and convenience stores. However, individual states have implemented different restrictions, regulations and even bans on delta-8 products, primarily due to safety concerns.

Is delta-8 legal in Arizona?

State officials have clashed over whether or not restrictions should be imposed on delta-8. On Monday, state Attorney General Kris Mayes issued a formal opinion declaring that “intoxicating” compounds derived from hemp, such as delta-8, are illegal throughout Arizona. As a result, she commanded any stores in the state selling delta-8 products to stop immediately.

Such “intoxicating” hemp products, including delta-8, may be legally sold only by licensed dispensaries to adults age 21 and up, according to the opinion. This is because Mayes’ opinion classifies such products as narcotic cannabis.

A single unlicensed sale of illegal narcotics would be counted as a Class 2 felony, and violators could be imprisoned for up to 13 years. Those who manufacture or transport the products would receive similar punishment.

The state Legislature could still consider policy over products derived from hemp this year. While some Republican lawmakers are advocating for these products to be legal, yet regulated, others are pushing for laws only permitting licensed marijuana dispensaries to sell them.

What states have made delta-8 illegal?

In numerous states, delta-8 has been banned through laws that were implemented either before or after the 2018 Farm Bill or administrative rules. As of 2023, the drug has been banned in these states, according to the American Trade Association of Cannabis and Hemp:

• Alaska

• Arizona

• Arkansas

• California

• Colorado

• Delaware

• Hawaii

• Idaho

• Iowa

• Mississippi

• Montana

• North Dakota

• Rhode Island

• Washington

Why is delta-8 restricted?

At the core of the debate over restrictions on delta-8 products are safety concerns. As products containing the drug have become more popular, warnings that such products are harmful have also taken off. In 2022, a 4-year-old in Virginia died after consuming a large quantity of THC gummies containing delta-8, and the Food and Drug Administration has warned of potentially harmful contaminants in the products.

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These contaminants stem from chemicals used in the process of creating delta-8, and they may be harmful if inhaled or consumed, according to the FDA.

“Delta-8 THC products have not been evaluated or approved by the FDA for safe use and may be marketed in ways that put the public health at risk,” the administration stated in a 2022 consumer update about the health risks tied to delta-8 usage.

The directors of the state's two poison control centers previously told The Republic that they believe many of the calls their centers field about medical issues with THC products affecting adults and children are due to delta-8.

Delta-8 usage has increased among teens in particular, with a recent survey funded by the National Institutes of Health discovering that 11% of 12th graders reported using delta-8 last year. Usage was found to be more common in the South, Midwest and states where cannabis was not legal or where there were no regulations on delta-8, according to the survey.

“Eleven percent is a lot of people — that’s at least one or two students in every average-sized high school class who may be using delta-8,” said Dr. Nora Volkow, the director of the National Institute of Drug Abuse. “We don’t know enough about these drugs, but we see that they are already extremely accessible to teens.”

Republic reporter Ray Stern contributed to this article.

Madeline Nguyen is a breaking news reporter for The Republic. Reach her at Madeline.Nguyen@gannett.com and 480-619-0285. Follow her on X @madelineynguyen.

This article originally appeared on Arizona Republic: What is delta-8, and why is it illegal in Arizona? What to know