Arizona Drug Cultivation and Manufacturing Laws

By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed October 23, 2024

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Arizona laws on drug cultivation and manufacturing often impose harsh penalties. The severity of these penalties varies depending on the type of activity and the threshold amount produced or cultivated. This article offers a detailed overview of Arizona's drug cultivation and manufacturing laws.

What's Arizona's Definition of Manufacturing or Cultivation of Drugs?

Arizona law defines drug manufacture as the production, preparation, propagation, compounding, mixing, or processing of substances. The process can include chemical synthesis, natural extraction, or both methods. Drug manufacturing also includes labeling, relabeling, packaging, or repackaging containers.

If licensed practitioners conduct those activities in compliance with state and federal laws, they are not in violation. Licenses are available through the state.

Do I Need a License To Grow Marijuana in Arizona for Commercial Use?

Yes. The state of Arizona requires any person or organization to secure a Marijuana Establishment License to cultivate cannabis for commercial use.

Arizona law defines a marijuana establishment as an entity approved by the Arizona Department of Health Services (ADHS) to operate various types of facilities. These include:

  • A retail location where the licensee can grow marijuana (cannabis), make marijuana by-products and items, and sell them to consumers
  • An off-site cultivation area where the licensee can grow, produce, and process marijuana-infused products (but not sell or transfer to consumers)
  • An additional off-site location intended for the manufacturing of marijuana products and the storage and packaging of cannabis-infused items (but not sell or transfer to consumers)

Do I Need a License To Grow Marijuana in Arizona for Personal Use?

No. Individual growers who meet certain conditions do not need a cultivation license. These individuals may cultivate a certain number of cannabis plants for personal or medical use.

Proposition 207, or the Smart and Safe Act, allows adults 21 years old and above to grow up to six cannabis plants for recreational and personal use. They can cultivate these plants at their residence with a maximum of 12 cannabis plants per household with two or more adults.

In addition, the Arizona Medical Marijuana Act allows a registered medical patient living over 25 miles away from the nearest marijuana dispensary to cultivate up to 12 cannabis plants at their house for personal medical use.

Registered medical patients must grow their marijuana plants hidden from public view and in a locked space. The same rule applies to commercial marijuana growers.

What Are the Penalties for Cultivation and Manufacturing Without a License?

The table below covers the penalties for cultivation and manufacturing of different types of drugs in Arizona:

Description of the Crime and Prison Sentence

Code

Cultivation and Manufacturing of Marijuana

Producing less than two (2) pounds of marijuana:

  • Class 5 felony
  • Punishable by a sentence between six months and 2.5 years
  • A minimum fine of $1,000 or a fine to exhaust the proceeds of the drug offense
  • If probation is granted after conviction, a mandatory sentence of 240 hours of community service

Producing between two (2) and four (4) pounds of marijuana:

  • Class 4 felony
  • Punishable by a sentence between one year and 3.75 years
  • Minimum fine of $1,000 or a fine to exhaust the proceeds of the drug offense

Producing more than four (4) pounds of marijuana:

  • Class 3 felony
  • Punishable by a sentence between two years and 8.75 years
  • Minimum fine of $1,000 or a fine to exhaust the proceeds of the drug offense

Cultivation and Manufacturing of Prescription-Only or Misbranded Drugs

Manufacture of a prescription-only drug:

  • Class 1 misdemeanor
  • Punishable by a maximum sentence of six months
  • Three years probation
  • Maximum fine of $2,500 plus surcharges

Manufacture of a misbranded drug:

  • Class 4 felony
  • Punishable by sentence between one year and 3.75 years
  • Minimum fine of $1,000 or a fine to exhaust the proceeds of the drug offense

Arizona Revised Statutes § 13-3406

Cultivation and Manufacturing of Dangerous Drugs

  • Manufacture of a dangerous drug, defined in Arizona by a comprehensive list:
  • Class 2 felony
  • Punishable by a sentence between two years and 12.5 years
  • Maximum fine of $1,000 plus surcharges

Arizona Revised Statutes § 13-3407

Cultivation and Manufacturing of Narcotic Drugs

Manufacture of a narcotic drug:

  • Class 2 felony
  • Punishable by a sentence of between two years and 12.5 years
  • Maximum fine of $1,000 plus surcharges

Arizona Revised Statutes § 13-3408

Note: Arizona state laws change through the passage of new legislation, higher court rulings that include federal decisions, ballot initiatives, and other means. Please consult an attorney or conduct your legal research to verify current laws.

What Defenses Can You Use in an Arizona Drug Cultivation and Manufacturing Case?

One potential defense that applies to the cultivation and manufacturing of prescription-only drugs is if you hold a valid permit or license. Another possible defense is that you have the authority to transport, import, sell, or offer to sell prescription-only drugs. The following are also other defenses that you can use if you encounter cultivation or manufacturing charges:

  • You have a valid license or permit
  • You do not have criminal intent to cultivate or manufacture drugs
  • The law enforcement authorities conducted illegal searches and seizures

If you are facing drug charges, seek legal advice from a criminal defense attorney or a drug crime attorney.

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Need Legal Advice For a Drug Crime? Speak With an Attorney

Arizona laws on the cultivation and manufacturing of drugs are stringent. A person convicted of these acts faces fines, penalties, and imprisonment if convicted. It's crucial to understand the potential impact of these drug charges and the risk of obtaining a criminal record.

If you are facing a legal case related to illegal drugs, consult a drug crimes attorney. They can explain Arizona laws related to the charges filed against you and help you protect your rights. Whether in Scottsdale or Phoenix, a criminal defense lawyer can help you achieve the best possible outcome for your case. 

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  • Defense attorneys can help protect your rights
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