Arizona Marijuana Laws
Arizona’s move to legalize medical and recreational marijuana use was long-winded. Over the course of 10 years, voter initiatives slipped through the cracks due to slim margins and technicalities. But as of January 2021, both recreational and medical sales are active.
Adults may possess up to 1 ounce of marijuana including no more than 5 grams of concentrates and grow up to 6 plants at home.
ARIZONA CANNABIS LAW BREAKDOWN
Adult-use of marijuana was legalized in Arizona on Election Day 2020 with the passing of Proposition 207.
The Smart and Safe Arizona Act (SSAA) permits adults 21 years of age and older to consume and possess marijuana recreationally.
Possession
Adults 21 and older can possess 1 ounce of marijuana and no more than 5 grams of concentrates.
Minors possessing less than 1 ounce could receive up to $100 in fines and be required to attend 4 hours of drug counseling.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 1 oz | No penalty | None | $ 0 |
| 1 to 2.5 oz | Petty offense | None | $ 300 |
| 2.5 oz to 2 lbs | Felony | 6 months – 1.5 years | $ 150,000 |
| 2 lbs – less than 4 lbs | Felony | 9 months – 2 years | $ 150,000 |
| 4 lbs or more | Felony | 1.5 – 3 years | $ 150,000 |
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Sale
Any sale of marijuana in Arizona is a felony. Sale of fewer than 2 pounds is punishable by between 1 year and 45 months in prison, and a minimum fine of $1,000.
Sale of between 2 and 4 pounds is punishable by between two and 8.75 years in prison and a minimum fine of $1,000.
Sale of more than four pounds can draw a sentence of between 3 and 12.5 years in prison, plus between $1,000 and $150,000 in fines.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Transfer of up to 1 oz* | No penalty | None | $ 0 |
| Less than 2 lbs | Felony | 1.5 – 3 years | $ 150,000 |
| 2 – 4 lbs | Felony | 2.5 – 7 years | $ 150,000 |
| More than 4 lbs | Felony | 4 – 10 years | $ 150,000 |
| * By adults without remuneration |
Manufacture/Cultivation
Adults 21 and older can cultivate up to 6 plants at their home.
Manufacture of less than 2 pounds carries a penalty of between 6 months in jail and 2.5 years in prison, along with the usual maximum $150,000 in fines.
Manufacturing between 2 and 4 pounds of cannabis comes with a penalty of between 1 year and 45 months incarceration, plus a fine. The sentence for manufacturing more than 4 pounds is between 2 and 8.75 years in prison and a fine.
Trafficking less than 2 pounds carries a minimum sentence of 2 years in prison and a maximum of 8.75, plus a minimum fine of $1,000.
Trafficking more than 2 pounds is punished by a minimum of 3 years in prison and a maximum of 12.5, as well as a minimum fine of $1,000.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Less than 6 plants** | No penalty | None | $0 |
| 6 plants or more | Felony | 9 months – 7 years | $150,000 |
| ** Non-commercial purposes in a private residence. | |||
Trafficking
Transporting less than 2 lbs of cannabis into AZ is a class 3 felony. Offenses are subject to between 2 and 7 years imprisonment, and a fine or up to $1000 or an amount sufficient to exceed the proceeds of the offense.
Transporting more than 2 lbs into the state of Arizona is a Class 2 felony, punishable by a minimum of 2 years in prison, a maximum of 7 years, and a minimum fine of $1000 or enough to exhaust the proceeds of the offense.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Less than 2 lbs | Felony | 2.5 – 7 years | $150,000 |
| 2 lbs or more | Felony | 4 – 10 years | $150,000 |
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Hash and Concentrates
Adults 21 years and older can possess no more than 5 grams of marijuana concentrates under the SSAA.
Manufacturing or transporting concentrates into the state in any amount comes with a penalty of between 3 and 12.5 years in prison, plus a fine.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Less than 5 g | No penalty | None | $ 0 |
| 5 g to 12 g | Petty offense | None | $ 300 |
| 12.5 g or more | Felony | 1 – 3.75 years | $ 150,000 |
| Manufacture, Sale, or Trafficking | Felony | 3 – 12.5 years | $ 150,000 |
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Paraphernalia
Arizona voters approved Prop 207, a ballot initiative legalizing the recreational use, possession and sale or marijuana to adults. This act also permits the possession, use and production of paraphernalia “relating to the cultivation, manufacture, processing or consumption of marijuana and marijuana products.”
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession or use | No penalty | None | $ 0 |
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Miscellaneous
Employing a minor in the commission of a drug offense, being convicted of a prior felony, or committing a drug offense in a school zone, lead to an increased sentence.
Medical Marijuana
MEDICAL MARIJUANA
Arizona medical marijuana laws allow registered qualifying patients to obtain, use, and possess cannabis to treat their conditions. Patients must have a physician’s written certification that they have been diagnosed with a debilitating condition and would likely benefit from the use of marijuana.
QUALIFYING CONDITIONS:
- Alzheimer’s Disease
- Amyotrophic Lateral Sclerosis (Lou Gehrig’s disease)
- Cachexia or wasting syndrome
- Cancer
- Chronic pain
- Crohn’s Disease
- Glaucoma
- Hepatitis C
- HIV or AIDS
- Nausea
- Persistent Muscle Spasms
- PTSD
- Seizures
PATIENT POSSESSION LIMITS:
Under Arizona marijuana laws, patients are allowed to possess two and a half ounces of usable marijuana
HOME CULTIVATION:
Yes, if the residence is further than 25 miles from a licensed dispensary. No more than twelve cannabis plants are allowed in an “enclosed, locked facility.”
STATE-LICENSED DISPENSARIES:
Yes, state-licensed dispensaries may produce and dispense cannabis to qualifying patients on a not-for-profit basis.
CAREGIVERS:
Yes
RECIPROCITY:
Yes, the act defines a ‘visiting qualifying patient’ as a person ‘who has been diagnosed with a debilitating medical condition by a person who is licensed with authority to prescribe drugs to humans in the state of the person’s residence.
Arizona Marijuana Attorneys
The following Arizona lawyers are actively involved in the practice of cannabis law:
