By Sarah Williams, J.D. | Legally reviewed by John Mascolo, Esq. | Last reviewed May 23, 2024
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There are sweeping changes throughout the country regarding both recreational and medical marijuana's legality. It isn't easy to keep track of the various states' new laws. Arizona is one such state where rules are changing rapidly. This article provides an overview of the legalization of:
Read on to learn about the marijuana laws in Arizona.
Yes. Arizona legalized recreational marijuana use in 2020. Retail sales of recreational marijuana in licensed dispensaries began in 2021.
Under the Smart and Safe Arizona Act (Prop 207), adults 21 or over can legally possess up to 28 grams of marijuana (one ounce) and cultivate up to six marijuana plants in their homes. They can transfer without charge up to one ounce of marijuana to another person who is 21 years or older. They can also possess drug paraphernalia without facing a criminal charge.
The Arizona Department of Health Services (ADHS) regulates the issuance of dispensary licenses and medical marijuana cards and provides guidelines such as cultivation restrictions.
In 2010, Arizona voters passed the Arizona Medical Marijuana Act by a narrow margin of just over 50%. The citizen initiative (Proposition 203) called on the ADHS to create a medical marijuana program.
The Medical Marijuana Act authorizes the possession and personal use of up to 2.5 ounces of marijuana by qualifying patients diagnosed with debilitating medical conditions. Some of these conditions include:
Recommending physicians must provide written certification and can prescribe medical marijuana for treatment of the following symptoms:
Recreational marijuana is available as well, but more limited in the amount you can possess.
Qualifying patients, including minors, can use marijuana with restrictions. In Arizona, dispensaries must obtain authorization prior to selling marijuana-infused edible food products. The following forms of marijuana derived from its plant flower are allowable:
State marijuana laws are in constant flux, so make sure to confirm anything you're uncertain about.
Although Arizona legalized the recreational use of marijuana for adults over 21 through Proposition 207, it's important to note that you cannot smoke marijuana on public transport or in a public place. In addition, marijuana establishments face a 16% excise tax on sales of adult-use products but not medical marijuana sales.
The classification and amount of incarceration time associated with marijuana drug charges in Arizona are as follows:
Offense and Code Section |
Drug Amount |
Classification |
Incarceration or Penalty |
|---|---|---|---|
Illegal Possession (Adult, 21 or older) |
More than one ounce but less than 2.5 ounces |
Petty offense |
No incarceration; subject to a fine of up to $300 |
Illegal Possession (Adult, 18-20) §13-3405 |
Less than one ounce |
Civil penalty |
Up to $100 penalty and/or four hours of drug education or counseling. On a second offense, this becomes a petty offense with a fine of up to $300 and/or eight hours of drug education or counseling. On a third offense, this becomes a Class 1 misdemeanor. |
Illegal Possession §13-3405 |
2.5 ounces or more (if 21 or over) or one ounce or more (if 18-20) and less than two lbs. |
Class 6 felony |
|
Illegal Possession |
Class 5 felony |
||
Illegal Possession |
Four lbs. or more |
Class 4 felony |
|
Illegal Production |
Less than two lbs. |
Class 5 felony |
|
Illegal Production |
Two to less than four lbs. |
Class 4 felony |
|
Illegal Production |
More than four lbs. |
Class 3 felony |
|
Illegal Possession for Sale |
Less than two lbs. |
Class 4 felony |
|
Illegal Possession for Sale |
Two pounds to less than four lbs. |
Class 3 felony |
|
Illegal Possession for Sale |
more than four lbs. |
Class 2 felony |
|
Illegal Transportation for Sale or Sale |
Less than two lbs. |
Class 3 felony |
|
Illegal Transportation for Sale or Sale |
Two lbs. or more |
Class 2 felony |
|
Possession of Drug Paraphernalia |
Not a crime per §36-2852 if age 21 or older |
||
Marijuana DUI |
Impaired to Slightest Degree |
Misdemeanor or Felony |
Varies depending on the circumstances and/or prior conviction record |
THC Metabolites in Blood |
Only a crime if metabolites are present and the driver is "impaired to the slightest degree" |
Varies |
|
Marijuana in a Drug-Free School Zone Section 13-3411 |
Any | Same as non-drug-free school zone offense | Minimum and maximum possible penalties are increased by one year; potential fines may also increase |
Note: State laws change all the time -- consider speaking with an Arizona criminal defense attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
Keep in mind that although Arizona state law now legalizes marijuana, federal law does not. The federal penalties for possession and sale of marijuana are outlined in the table below:
Federal Marijuana Penalties |
||||
|---|---|---|---|---|
Offense and Code Section |
Drug Amount |
Classification |
Incarceration Time |
Fine |
Illegal Possession |
1st offense - any amount |
Misdemeanor |
up to one year |
$1,000 |
2nd offense - any amount |
Misdemeanor |
min. 15 days; up to two years |
$2,500 | |
3rd offense or more - any amount |
Misdemeanor; Felony |
min. 90 days; up to three years | $5,000 | |
Illegal Sale (1st offense, no death or serious bodily harm) |
less than 50 kg. |
Felony |
up to five years |
$250,000 |
50 - 99 kg. |
Felony |
up to 20 years | $1,000,000 | |
100 - 999 kg. |
Felony |
min. five years; up to 40 years |
$5,000,000 | |
1000 kg. or more |
Felony |
10 years - life |
$10,000,000 |
Note: Federal laws are subject to change -- consider speaking with an Arizona criminal defense attorney or conduct your own legal research to verify the status of any federal law(s) you are reviewing.
If you or a loved one is facing charges for a marijuana-related offense, consult with an attorney who can provide legal advice. It's important to understand the allegations against you and the possible penalties. An Arizona criminal defense attorney with experience handling cannabis cases will be able to protect your interests and represent you in court.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions. Many Arizona attorneys offer free consultations for Drug Crime.
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