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Arizona Marijuana Laws

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.

Is Marijuana Legal in Arizona?

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.

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 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.

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

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).

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

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.

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