The Hemp Industry Trade Association of Arizona plans to appeal a denied petition that sought to enjoin the state attorney general from enforcing marijuana laws against sellers of chemically distinct hemp products. While federal law differentiates high THC marijuana from low THC hemp, both of the same plant, cannabis sativa, a state judge ruled Wednesday that Arizona law prohibits the retail sale of all THC products.
"The THC products at issue are not 'industrial hemp' under Arizona's Hemp Act. Maricopa County Judge Randall Warren wrote Wednesday. "Industrial hemp means the plant itself, which the Legislature has deemed a lawful commodity. Products with psychoactive THC — even if derived from hemp and regardless of the concentration — may only be sold through licensed dispensaries."
Warren denied the plaintiffs' motion for preliminary injunction, allowing prosecution of all THC sales outside of licensed dispensaries. Industry members say they will soon take the case to the Arizona Court of Appeals.
"We respect the court, but we believe this reading overlooks federal law and the Legislature's intent to foster a thriving hemp market, retail owner Mohammed Lofty said in a press release. "Our legal team is preparing an expedited appeal and exploring legislative solutions that will give retailers and consumers a clear, workable path forward."
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