With all the new changes throughout the country regarding medical marijuana's legality, it's hard to keep track of the various states' marijuana laws. Read on to get an overview of Arizona's marijuana laws.
Arizona Medical Marijuana Act
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 50,000 people participate 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.
State Penalties for Non-Medical Marijuana Use
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
|
Fine
|
Dependency
|
Possession up to 1 ounce |
Legal |
|
|
Less than 2 lbs.
|
Class 6
|
6 months - 1.5 years
|
Minimum fine of $1000
|
2 - 4 lbs.
|
Class 5
|
9 months - 2 years
|
Minimum fine of $1000
|
4 lbs. or more
|
Class 4
|
1.5 - 3 years
|
Minimum fine of $1000
|
CULTIVATION & PRODUCTION
|
Up to 6 plants for non-commercial purposes
|
Legal
|
|
Minimum fine of $1000
|
2 - 4 lbs.
|
Class 4
|
1.5 - 3 years
|
Minimum fine of $1000
|
4 lbs. or more
|
Class 3
|
5 - 7 years
|
Minimum fine of $1000
|
POSSESSION FOR SALE
|
Transfer with no remuneration up to 1 ounce |
Legal |
|
|
Less than 2 lbs.
|
Class 4
|
1.5 - 3 years
|
Minimum fine of $1000
|
2 - 4 lbs.
|
Class 3
|
2.5 - 7 years
|
Minimum fine of $1000
|
4 lbs. or more
|
Class 2
|
4 - 10 years
|
Minimum fine of $1000
|
SALE OR DELIVERY FOR SALE
|
Less than 2 lbs.
|
Class 3
|
2.5 - 7 years
|
Minimum fine of $1000
|
2 lbs. or more
|
Class 2
|
4 - 10 years
|
Minimum fine of $1000
|
POSSESSION PARAPHERNALIA
|
N/A
|
Class 6
|
6 months - 1.5 years
|
Minimum fine of $1000
|
MARIJUANA DUI
|
Impaired to Slightest Degree
|
Misdemeanor; Felony
|
Varies
|
Varies
|
THC Metabolites in Blood
|
Misdemeanor; Felony
|
Varies
|
Varies
|
Note: State laws are constantly changing -- please contact an Arizona criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
Federal Marijuana Laws
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
|
Drug Amount
|
Crime Classification
|
Incarceration Time
|
Fine
|
POSSESSION
|
1st offense - any amount
|
Misdemeanor
|
up to 1 year
|
$1,000
|
2nd offense - any amount
|
Misdemeanor
|
min. 15 days; up to 2 years
|
$2,500
|
3rd offense or more - any amount
|
Misdemeanor; Felony
|
min. 90 days; up to 3 years
|
$5,000
|
SALE
|
less than 50 kg.
|
Felony
|
up to 5 years
|
$250,000
|
50 - 99 kg.
|
Felony
|
up to 20 years
|
$1,000,000
|
100 - 1000 kg.
|
Felony
|
min. 5 years; up to 40 years
|
$2,000,000
|
more than 1000 kg.
|
Felony
|
10 years - life
|
$4,000,000
|
Note: State laws are constantly changing -- please contact an Arizona criminal defense attorney or conduct your own legal research to verify the law(s) you are researching.
Arizona Marijuana Laws: More Information
If you are interested in learning more, check out these links:
Charged with an Arizona Drug Crime? Get Professional Legal Help Today
Whether you agree that marijuana should be criminalized or not, if you've 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.