By FindLaw Staff | Legally reviewed by Evan Fisher, Esq. | Last reviewed February 09, 2023
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With all the new changes throughout the country regarding both recreational and medical marijuana's legality, it can be difficult to keep track of the various states' marijuana laws. Arizona is one such state, where rules are changing rapidly. Read on to get an overview of Arizona's marijuana laws.
Yes. Arizona legalized recreational marijuana use in 2020, and retail sales of recreational marijuana began in 2022. Adults (21 or over) are able to legally possess up to one ounce of usable marijuana and cultivate up to six plants in their homes.
In 2010, voters passed the Arizona Medical Marijuana Act by a narrow margin of just over 50%. The citizen initiative (Proposition 203) called on the Arizona Department of Health Services to create a medical marijuana program.
About 200,000 people have participated in Arizona's medical marijuana program. The Medical Marijuana Act authorizes the possession and personal use of up to 2.5 ounces of marijuana by patients with written certification from a physician to alleviate a variety of symptoms associated with conditions (and the treatment prescribed for these conditions) such as cancer, glaucoma, AIDS, Crohn's disease, and Hepatitis C.
Arizona legalized the recreational use of marijuana for adults 21 and older by passing the Proposition 207 ballot initiative in November 2020. It is important to note that possession or sale of more than 28 grams is still a crime in Arizona.
The classification, amount of incarceration time, and amount of fines associated with marijuana drug charges in Arizona are as follows:
Arizona Marijuana Penalties |
|||
Offense |
Drug Amount |
Felony Class |
Incarceration Time |
Possession |
Possession up to 1 ounce | Legal | |
| 1-2.5 ounces | Petty Offense | Fines only | |
Less than 2 lbs. |
Class 6 |
4 months - 2 years |
|
2 - 4 lbs. |
Class 5 |
6 months - 2.5 years |
|
4 lbs. or more |
Class 4 |
1 - 3.75 years |
|
Cultivation and Production |
Up to 6 plants for non-commercial purposes |
Legal |
|
2 - 4 lbs. |
Class 4
|
1 - 3.75 years |
|
4 lbs. or more |
Class 3 |
5 - 7 years |
|
Possession for Sale |
Transfer with no remuneration up to 1 ounce | Legal | |
Less than 2 lbs. |
Class 4 |
1.5 - 3 years |
|
2 - 4 lbs. |
Class 3 |
2 - 8.75 years |
|
4 lbs. or more |
Class 2 |
3 - 12.5 years |
|
Sale or Delivery for Sale |
Less than 2 lbs. |
Class 3 |
2 - 8.75 years |
2 lbs. or more |
Class 2 |
3 -12.5 years |
|
Possession Paraphernalia |
N/A |
Class 6 |
4 months - 2 years |
Marijuana DUI |
Impaired to Slightest Degree |
Misdemeanor; Felony |
Varies |
THC Metabolites in Blood |
Misdemeanor; Felony |
Varies |
|
Note: State laws are constantly changing -- please contact an Arizona criminal defense attorney or conduct independent legal research to verify the particular state law(s).
If you are interested in learning more, check out these links:
Regardless of whether you agree that marijuana should be criminalized, the legal landscape is changing. If you or a loved one has been charged with an Arizona marijuana-related offense, your first priority should be to understand the allegations against you and the possible penalties. An Arizona 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.