Regulatory Compliance Statement
for Hemp-Derived Topical Products
Prepared for Law Enforcement, Regulatory Officials, and Event Coordinators
Effective Date: 04/24/2025
Last Updated: 04/24/2025
Business Name: Jay & Jay Co LLC
1. Product Description and Intended Use
Our products are hemp-derived, cosmetic-grade topical formulations that contain less than 0.3% total delta-9 THC by dry weight.
They are not intended for ingestion, inhalation, or any other form of consumption and are labeled accordingly.
Label Includes:
- “For external use only”
- “Not intended for ingestion, inhalation, or other forms of consumption by humans or animals”
- “Not a marijuana product”
- “Contains <0.3% total THC by dry weight”
- QR code linking to third-party Certificate of Analysis (COA)
2. Legal Basis for Compliance
Federal Law: 2018 Farm Bill
“The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids… with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” — 7 U.S.C. § 1639o (1)
Our finished products comply with this requirement and are therefore legally classified as hemp, not marijuana, under federal law.
Arizona Law: Definition of Marijuana vs. Hemp
- A.R.S. § 3-311 adopts the federal definition of hemp:
“…any part of a cannabis plant, whether growing or not, with a delta-9 THC concentration of not more than 0.3% on a dry weight basis.” - A.R.S. § 36-2850 defines marijuana products as:
“Products that contain marijuana or marijuana extract and that are intended for use or consumption… by ingestion, inhalation or other means.” - “Use or consumption” is further defined as:
“…the act of ingesting, inhaling, smoking, or otherwise introducing marijuana into the human body.”
Conclusion: Since our products are topically applied, not introduced into the body, and are labeled accordingly, they do not meet the statutory definition of marijuana products under Arizona law and are not subject to marijuana licensing or regulation.
Senate Bill 1702 (Enacted June 2, 2025)
On June 2, 2025, Arizona enacted SB 1702, which introduces licensing and oversight requirements for all hemp-derived products—regardless of whether they are consumable—effective July 1, 2026. This includes non-consumable topicals like those produced by Jay & Jay Co.
Our Position:
- We are currently operating in full compliance with federal and Arizona law.
- We do not extract, synthesize, or manufacture cannabinoids, nor do we sell intoxicating or ingestible THC products.
- In anticipation of SB 1702 implementation, we will proactively apply for and maintain any required licensing through the Arizona Department of Agriculture prior to the July 1, 2026 deadline to ensure continuity and full regulatory compliance.
3. Response to April 2025 AG Enforcement Action
On March 11, 2025, Attorney General Kris Mayes announced enforcement actions against unlicensed retailers selling intoxicating THC-infused products intended for consumption, effective April 24, 2025.
“Under Arizona law, products containing THC must be sold through licensed dispensaries if they are intended for consumption.”
— Arizona AG Press Release, March 11, 2025
Our Position:
- Our products do not meet the AG’s definition of “consumable” (no ingestion or inhalation).
- Our products are not intoxicating in their intended topical use.
- Our operations are fully compliant with the 2018 Farm Bill and Arizona hemp statutes.
- While this action is aimed at edible, vape, and beverage products, we support responsible regulation
and transparency across the hemp industry.
4. Ingredient Source and Manufacturing Practices
- We source cannabinoids from licensed U.S. hemp producers with verifiable COAs.
- All inputs are tested in ISO 17025-accredited third-party labs.
- THC content is calculated using the federally recognized formula:
Total THC = Δ9-THC + (0.877 × THCA) - All product batches remain within the legal 0.3% delta-9 THC threshold after applying Measurement Uncertainty (MU),
consistent with USDA and state guidance. - Our topical formulations are diluted and non-intoxicating, and product integrity is maintained through GMP-aligned practices.
“You do not need a license issued by the Department if you are selling, manufacturing, or marketing any post-processed hemp materials, including CBD and similar non-intoxicating cannabinoids.” — Arizona Department of Agriculture, Hemp FAQ, March 2024
5. Summary Statement
Jay & Jay Co LLC is in full compliance with all applicable hemp laws and regulatory guidance. Our products:
- Contain <0.3% total delta-9 THC by dry weight (including MU)
- Are derived from federally legal hemp
- Are intended solely for external, non-consumable use
- Are not intoxicating
- Are not subject to current marijuana regulations or AG enforcement
- Will be licensed by July 2026 in accordance with SB 1702’s hemp framework
5a. Labeling Accuracy & Analytical Variance
All cannabinoid content values printed on packaging are based on third-party lab results and conform to an industry-standard
±10% analytical variance. This standard is:
- Recognized by FDA in dietary supplement labeling guidance (21 CFR § 101.9(g)(4))
- Accepted by state hemp programs in New York, Oregon, Colorado, and California
- Supported by AOAC International and ISO 17025 analytical standards
Application:
If a product is labeled as containing 50 mg of CBD, actual lab-verified content may fall between 45–55 mg and still be compliant. Likewise, total THC values remain under the 0.3% legal limit after accounting for Measurement Uncertainty.
This policy ensures transparent labeling, supports analytical integrity, and complies with regulatory expectations for natural product variability.
[^1]: U.S. Food & Drug Administration. 21 CFR § 101.9(g)(4) — Nutrient labeling tolerance. FDA Link
[^2]: NY OCM “Hemp Program Guidance” (2023); Oregon OLCC “Hemp Labeling FAQ” (2022); CDPHE “Hemp Product Labeling Rules” (2023)
[^3]: AOAC International. “SMPR for Cannabinoid Content,” 2021; ISO/IEC 17025:2017 Standards
6. Legal Precedent & Federal Testing Guidance
The USDA Final Rule for Domestic Hemp Production provides for measurement uncertainty (MU) when determining THC compliance:
“The acceptable hemp THC level is the application of the measurement of uncertainty to the reported delta-9 THC content… If the reported THC content is 0.35 percent and the MU is ±0.06 percent, the hemp is compliant because 0.35 – 0.06 = 0.29 percent.”
Our COAs follow this federal standard. Any slight overage, when interpreted with MU, still falls within the legally acceptable range for hemp.
7. Contact & Documentation
We maintain transparent documentation and can provide the following upon request:
- Full Certificates of Analysis (COAs)
- Ingredient sourcing records
- Batch tracking logs
- Sealed product samples
- Labeling reviews and QA protocols
