A judge on Thursday denied a request by hemp industry advocates to temporarily block Arizona from barring businesses from selling hemp-based THC products.
The industry argues Attorney General Kris Mayes has a flawed interpretation of state law.
In a recent opinion, Mayes argued businesses need a cannabis license to sell THC products, regardless of whether the THC was derived from hemp or marijuana plants.
A month ago, Mayes sent a letter directing police agencies to enforce a law that requires a proper license to sell THC products.
The Hemp Industry Trade Association of Arizona, known as HITA, unsuccessfully sought to block enforcement of Mayes’ opinion.
"Hemp laws were passed here that clearly delineated between the two, marijuana and hemp. So the Title 3 hemp laws don't play in to our marijuana laws, and our Prop 207 marijuana laws don't play into our hemp laws," said Sully Sullivan, president of HITA.
Hemp industry advocates will make the case that Mayes’ interpretation of state law is wrong at a hearing scheduled in May.
While hemp and marijuana come from the same species of cannabis plant, they are treated differently in state and federal law. The difference is how much THC is contained in the plant.
But HITA argues the legal distinction allows for the sale of THC products derived from hemp.
“Arizona law says that Arizona hemp program regulations will defer to federal law regulations, so that is the case. Federal law is more expansive than Arizona's law,” Sullivan said.
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