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possession of marijuana in arizona

Arizona Laws and Penalties

Possession

Manufacture/Cultivation

Trafficking

Hash & Concentrates

Paraphernalia

Miscellaneous

Penalty Details

Possession

Voters in Arizona passed Prop 207, a statewide ballot initiative legalizing the possession, use, and commercial sale of marijuana for adults. The Act permits those age 21 or older to possess up to one ounce of cannabis and directs revenue from retail cannabis sales to fund various public education and safety programs. Adults may cultivate up to six plants for non-commercial purposes in a private residence. The law took effect on November 30, 2020.

Possession for personal use of more than one ounce, but less than 2.5 ounces of marijuana is a petty offense.

Possession for personal use of less than 2 pounds of marijuana is a Class 6 felony, punishable by a minimum sentence of 4 months, a maximum sentence of 2 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.

Possession for personal use of 2-4 pounds of marijuana is a Class 5 felony, punishable by a minimum sentence of 6 months, a maximum sentence of 2.5 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.

Possession for personal use of more than 4 pounds of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year, a maximum sentence of 3.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.

  • Arizona REV. STAT. § 13-3401 Web Search
  • Arizona REV. STAT. § 13-3405 Web Search
  • Arizona REV. STAT. § 13-702 Web Search
  • Arizona REV. STAT. § 13-801 Web Search
  • Arizona REV. STAT. § 13-821 Web Search

The sale, or possessing for sale, of less than 2 pounds of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year, a maximum sentence of 3.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 240 hours of community service.

The sale, or possessing for sale, of between 2-4 pounds of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 8.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

The sale, or possessing for sale, of more than 4 pounds of marijuana is a Class 2 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 12.5 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

  • Arizona REV. STAT. § 13-3405 Web Search
  • Arizona REV. STAT. § 13-702 Web Search
  • Arizona REV. STAT. § 13-801 Web Search
  • Arizona REV. STAT § 13-821 Web Search
Manufacture/Cultivation

Voters in Arizona passed Prop 207, a statewide ballot initiative legalizing the possession, use, and commercial sale of marijuana for adults. Adults may cultivate up to six plants for non-commercial purposes in a private residence. The law took effect on November 30, 2020.

Producing 6 plants and up to 2 pounds of marijuana is a Class 5 felony, punishable by a minimum sentence of 6 months, a maximum sentence of 2.5 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 240 hours of community service.

Producing between 2-4 pounds of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year, a maximum sentence of 3.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

Producing more than 4 pounds of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 8.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

  • Arizona REV. STAT. § 13-3405 Web Search
  • Arizona REV. STAT. § 13-702 Web Search
  • Arizona REV. STAT. § 13-801 Web Search
  • Arizona REV. STAT § 13-821 Web Search
Trafficking

Bringing less than 2 pounds of marijuana into AZ is a Class 3 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 8.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.

Bringing 2 pounds or more of marijuana into AZ is a Class 2 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 12.5 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

  • Arizona REV. STAT. § 13-3405 Web Search
  • Arizona REV. STAT. § 13-702 Web Search
  • Arizona REV. STAT. § 13-801 Web Search
  • Arizona REV. STAT § 13-821 Web Search
Hash & Concentrates

Voters in Arizona passed Prop 207, a statewide ballot initiative legalizing the possession, use, and commercial sale of marijuana for adults. The Act permits those age 21 or older to possess up to five grams of concentrates. The law took effect on November 30, 2020.

Possession for personal use of more than five grams but less than 12.5 grams of concentrates is a petty offense.

In AZ, hashish and concentrates are Schedule I narcotic drugs listed as “Cannabis.” “Cannabis” is classified in Arizona as “The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin … and every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol.”

  • Arizona REV. STAT. § 13-3401(20)(w) Web Search
  • Arizona REV. STAT. § 13-3401(4)(a)-(b) Web Search

Knowingly possessing or using five grams or more of a narcotic drug is a class 4 felony, punishable by a minimum of 1 year imprisonment, a maximum of 3 years in prison, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.

Knowingly possessing a narcotic drug for sale is a class 2 felony, punishable by a minimum of 3 years imprisonment, a maximum of 10 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.

Knowingly possessing the equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug is a class 3 felony, punishable by a minimum of 2 years imprisonment, a maximum of 7 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.

Manufacturing a narcotic drug is a class 2 felony, punishable by a minimum of 3 years imprisonment, a maximum of 10 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.

Transporting a narcotic drug into the state is a class 2 felony, punishable by a minimum of 3 years imprisonment, a maximum of 10 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.

  • Arizona REV. STAT. § 13-3408 Web Search
  • Arizona REV. STAT. § 13-702 Web Search
  • Arizona REV. STAT. § 13-801 Web Search
  • Arizona REV. STAT § 13-821 Web Search
Paraphernalia

Any possession of drug paraphernalia, as well as advertising for the sale of drug paraphernalia, is a Class 6 felony, punishable by a minimum sentence of 4 months, a maximum sentence of 2 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

  • Arizona REV. STAT. § 13-3415 Web Search
  • Arizona REV. STAT. § 13-702 Web Search
  • Arizona REV. STAT. § 13-801 Web Search
  • Arizona REV. STAT § 13-821 Web Search
Miscellaneous

Employing a minor in the commission of a drug offense, being convicted of a prior felony, or committing a drug offense in a school zone, lead to an increased sentence.

  • Arizona REV. STAT. § 13-3409 Web Search
  • Arizona REV. STAT. § 13-3410 Web Search
  • Arizona REV. STAT. § 13-3411 Web Search
  • Arizona REV. STAT. § 13-703 Web Search
Class 6 Felony; Designation

If convicted of any Class 6 felony not involving a dangerous offense and if the court is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a Class 1 misdemeanor, or may place the defendant on probation in accordance with chapter 9 of this title. This does not apply to any person who stands convicted of a Class 6 felony and who has previously been convicted of two or more felonies.

  • Arizona Rev. Stat. § 13-604 Web Search
Fines

A class 1 misdemeanor fine shall not be more than $2500. The minimum fine for a first time drug offense is $1000. For a second or subsequent offense there shall be a fine of at least $2000.

  • Arizona REV. STAT. § 13-802 Web Search
  • Arizona REV. STAT. § 13-821 Web Search
More Information
Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

Legalization

Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.

Arizona Laws and Penalties Possession Manufacture/Cultivation Trafficking Hash & Concentrates Paraphernalia Miscellaneous Penalty Details Possession Voters in Arizona