Updated Arizona D8 Laws - What it Means for Your Shop

You know what they say about opinions, everyone has one and most of them stink. But what happens when the opinion comes from an Arizona Attorney General? Well if you live in the state then it means it has actual legal weight and real life consequences. Yes, this newly published opinion has ruled that current federal and state laws in fact don’t legalize delta 8 and that the only stores allowed to sell hemp derivatives must have a state issued marijuana license to do so. This completely cuts out smoke shops and is laying the groundwork for a full on corporate monopoly of Delta 8. Take a look at this Smoke Shop Blog for a heads up on what this opinion means for your smoke shop and what the real motives are underneath these crooks Scooby-Doo masks.

Table of Contents:

What’s a Legal Opinion vs a Legal Ruling?

As opposed to a legal ruling which would end a current ongoing trial with its definitive definition of what the law means, a legal opinion is providing thoughts on existing laws based on previously decided cases. Thus the AG’s opinion is their interpretation of the current interactions of the federal 2018 Farm Bill and its relation to the state of Arizona. So that means in the eyes of the state of AZ if your shop continues to sell D8 products without the license then you are breaking the law. While action may not come immediately, you can count on it that the ADHS will eventually be coming after you and that will be just the start of your legal troubles. So despite just being called an “opinion” it is much more of a ruling on current interpretations, a rules update if you will.

What does the AG’s Opinion Mean for my Smoke Shop?

Unfortunately the Arizona AG’s opinion has taken the legality of delta-8 and taken it from a gray area to a different shade of gray. I know what you're thinking, only 48 shades of gray to go till we get real freaky. Sadly no, this is just the boring monotony of legal mechanisms moving at a snail's pace before they abruptly come into effect with the force of a tsunami. Due to the evolving nature of the laws in America the legal offices of the AG have yet to announce how and when they are going to begin enforcing the implications of this opinion, but be sure they are watching while taking notes even before they formally begin anything.

Why is it about the Money?

When you take a step back and take a moment to evaluate the situation as a whole you can very quickly see that this isn’t about public health; it’s about money. Cash really does move everything around us so that’s why when it comes to numbers we're gonna give it to you raw. So let's say we polish our ascot and take the boy scout route of obtaining a marijuana license from the state of Arizona, well first you have to prove you have 500,000 dollars in liquid assets before you shell out 5Gs for an application fee that will decide if you are lucky enough to pay an additional fee of $25,000. Notice a theme here? More so than any other requirement you have to possess cold hard cash and lots of it if you want Arizona to bestow you the honor of selling something that you already legally could.

Well that's just the cost of selling “dangerous intoxicants” right? If you for instance wanted to sell the liquid affectionately known as hooch, firewater, or poison at your bar you are going to have to reach deep into your pockets for… $1,650. This isn’t a case of whataboutisms, no its just the startling reality that at the end of the day our elected representatives are yet again unable to see the forest through the trees. Instead of allowing those independents that actually want to grow their business and make money legally selling hemp derivatives or cannabis, they have decided that those already with boatloads of cash are more predisposed to make off with all the profits. A crying shame if you ask me since part of the promise of legalization was tied hand in hand with reversing the damage the war on drugs has done to members of society, instead of continuing to persecute them again and again.

So… How Can We Beat Them?

The double edged sword of this opinion creating more gray zones in the industry is that for every infringement on our rights there is an equal and opposite reaction to fight back against it. Leading that charge is long time attorney Tom Dean, who recently spoke with the Arizona Mirror about the subject and they report “he is interested in building a coalition to seek a declaratory judgment from the courts to settle the matter once and for all.” Thus the battle lines are being drawn and the stage is being prepared for a final legal challenge to put this issue to bed for good. An important point to take note of is that without a coordinated opposition these Government stooges will run roughshod over our rights, so only together can we push forward common sense legislation that benefits the public through informed compassion and not greed fueled ignorance.

The Forgone Conclusion

While it might feel like we’ve heard this story before with Delta-8, the future is yet to be written and with an industry this new to the country it's no surprise there are some growing pains. Considering that this is a recent legal opinion from the AG and that they have yet to announce how they plan to enforce the update on regulations we advise against being the one getting caught with their hand in the cookie jar. With things so up in the air this ruling is enough to think twice about selling delta-8 products without the expensive marijuana license for the time being or at least until they issue a public update about enforcement. While this isn’t the best news it's important to remember this is ultimately just one high ranking lawyer's opinion and as we have seen with legal challenges in Arkansas the battle between state regulations and the 2018 Farm Bill is just beginning. So strap in because it's going to be a bumpy ride and make sure to check back at our Got Vape Wholesale Blog for more updates on the situation in Arizona and across the country.