As a Country Court Judge dismissed an interim restraining from industry representatives, intoxicating hemp products sellers could now be subject to criminal charges, raids or fines.
Arizona Attorney General Kris Mayes announced in March 2025 that products derived from hemp with high levels of THC, should be treated as marijuana under Arizona law. This means they can only be purchased through licensed dispensaries.
Arizona retailers have until 24 April to remove items from their shelves or face fines up to $20,000.
The Hemp Industry Trade Association of Arizona, which represents several hemp growers, producers, and retailers, has filed a suit to stop the enforcement of the law via a temporary injunction.
HITA, which was represented by several cannabis attorneys, claimed that, under Arizona’s rules and the US Farm Bill 2018, intoxicating hemp products such as drinks or vape cartridges with Delta-8 and Delta-9 THC are allowed to be sold without a marijuana license.
The group’s lawsuit called for the courts to declare these ‘consumable hemp products’ legal and to block prosecutors from enforcing restrictions.
Randall Warner, the Superior Court judge of Maricopa County on Thursday 24th April denied this request in a short virtual hearing.
In order to resolve the matter, Judge Warner has agreed to hold a hearing in May 2009, during which he is expected explain the reasoning for his denial.
A statement was sent to MEDCAN24 HITA is optimistic today and stated that “This decision is not a step back but a procedure forward.” The Court chose to give every stakeholder a full and fair opportunity to be heard and, in doing so, granted us an expedited hearing on our preliminary-injunction motion for May 9, 2025.
We thank Judge Warner and the Court for their prompt attention. They also set a schedule for a rapid-track hearing that acknowledges the urgent situation facing Arizona’s hemp industry. We accept the Court’s ruling and we remain confident our case will win if allowed to submit all the evidence and arguments.
The Attorney General Mayes who led the crackdown welcomed the ruling, saying: “Arizona’s law is very clear. Intoxicating THC-containing products can only be purchased through dispensaries licensed by the state, and not in convenience stores, smoke shops, or other retail outlets.”
The decision was also welcomed by licensed marijuana dispensaries, which are at risk from an unregulated and cheaper market for intoxicating-hemp.
In the future, law enforcement will begin enforcing new restrictions and the crackdown across the state.
HITA has called on operators, employees and customers to ‘comply fully with state law and with directions from law-enforcement officers’, adding that ‘professional cooperation protects you, your team, and the broader industry.’
The report also recommended that retail stores remain informed of their right to due process protections. It advised them to ensure their test results and licences are current.
This is more than just a hearing or a court order. HITA explained that the issue is protecting thousands Arizona jobs and millions of state tax dollars. It also involves adults having the right to select hemp products that are federally approved, safe, and legal.
“Together, we can demonstrate to the Court, lawmakers, and the public that regulation—not prohibition—best serves Arizona.”