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Arizona Marijuana Laws

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.

Next Steps: Search for a Local Attorney

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