ARM 42.39.702. SYNTHETIC CANNABINOIDS PROHIBITED

(1) The following cannabinoids are considered synthetic cannabinoids and any products with these cannabinoids at any appreciable levels are synthetic cannabinoid products: (a) Tetrahydrocannabinol alkyl analogues C4 or higher including but not limited to the following: (i) Delta-8 tetrahydrocannabiphorol (D8-THCP); (ii) Delta-9 tetrahydrocannabiphorol (D9-THCP); (iii) Delta-8 tetrahydrocannabioctyl (D8-THCJD); (iv) Delta-9 tetrahydrocannabioctyl (D9-THCJD); (v) Delta-8 tetrahydrocannabutol (D8-THCB); (vi) Delta-9 tetrahydrocannabutol (D9-THCB); (vii) Delta-8 tetrahydrocannabihexol (D8-THCH); (viii) Delta-9 tetrahydrocannabihexol (D9-THCH); (b) Delta-10 tetrahydrocannabinol (D10-THC) and isomers; (c) Delta-8 tetrahydrocannabinol (D8-THC) and isomers; (d) Delta-7 tetrahydrocannabinol (D7-THC) and isomers; (e) Delta-6a,10a tetrahydrocannabinol (D6a,10a-THC) and isomers; (f) Ester forms of tetrahydrocannabinol including but not limited to: (i) Delta-8 tetrahydrocannabinol acetate (D8-THCO); (ii) Delta-9 tetrahydrocannabinol acetate (D9-THCO); (iii) Delta-8 tetrahydrocannabiphorol acetate (D8-THCPO); (g) Exo-tetrahydrocannabinol; (h) Hydrogenated forms of tetrahydrocannabinol including but not limited to the following: (i) Hexahydrocannabinol (HHC); (ii) Hexahydrocannabiphorol (HHCP); (iii) Hexahydrocannabihexol (HHCH); (iv) Hexahydrocannabinol acetate (HHCO); (i) Hydrogenated forms of cannabidiol (CBD) including but not limited to: (i) H4-cannabidiol (H4-CBD); (ii) H4-cannabidiol dimethylheptyl (H4-CBD-DMH); (j) Synthetic forms of THC including but not limited to Dronabinol; and (k) Tetrahydrocannabinol monomethyl ether (THCM). (2) The department may determine that other cannabinoids are synthetic cannabinoids if findings indicate: (a) the cannabinoid is novel relative to known naturally occurring cannabinoids; or (b) the cannabinoid appears in a product at levels that are not achievable through natural production in the Cannabis plant. (3) If the department determines a cannabinoid is a synthetic cannabinoid under (2), a licensee may demonstrate to the department with clear and convincing evidence that the cannabinoids present in its product are not synthetic cannabinoids. A licensee may demonstrate that the cannabinoids are not synthetic through: (a) production batch records; (b) a standard operating procedure that clearly and concisely indicates the process, starting materials, and reagents used to make the product; or (c) traceability of sourced raw materials. (4) A certificate of analysis is not considered clear and convincing evidence of whether a product contains synthetic cannabinoids.