Arizona marijuana laws

Arizona Marijuana Laws

Marijuana is fully legal in Arizona for both recreational and medical use. Cannabis can be purchased from dispensaries across the state or cultivated at home.

Adults may possess up to 1 ounce of marijuana and grow up to 6 plants at home.

Legal Status

Fully Legal

Possession Limits

1 oz flower, 5 g concentrate

Cultivation Laws

6 plants

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🔗 AZ Cultivation Laws

Arizona Cannabis Laws

Is cannabis legal in Arizona?

Cannabis is legal in Arizona for both medical and recreational purposes.

How much marijuana can I possess in Arizona?

Recreational users can legally possess up to one ounce of marijuana flower and up to five grams of cannabis concentrate.

Possession of between one ounce and 2.5 ounces is considered a petty offense that carries a maximum $300 fine.

However, amounts greater than this are treated as felonies with the following punishments:

  • Between 2.5 ounces and 2 lbs may result in 6 months to 1.5 years in jail and a maximum fine of $150,000.
  • Between 2 lbs and 4 lbs may result in a 9 months to two years in jail and a maximum fine of $150,000.
  • More than 4 lbs may result in 1.5 to 3 years in prison and a maximum fine of $150,000.

Are there any limits on purchasing cannabis products in Arizona?

Recreational cannabis sales are restricted to adults aged 21 and older, who can purchase a maximum of one ounce of marijuana flower and five grams of cannabis concentrate.

Can I grow my own cannabis plants in Arizona?

Yes, adults 21 and older can grow up to six cannabis plants at home for personal use. The plants must be grown away from public view and in a setting that is inaccessible to minors.

View more information about Arizona marijuana cultivation laws here.

Are there restrictions on where I can consume cannabis in Arizona?

The use of cannabis is prohibited in public and open spaces. Public spaces include airports, shopping malls and restaurants. Open spaces include sidewalks and parks.

First offenses for public consumption of cannabis are punishable as a petty offense by a maximum fine of $300.

Multiple public consumption offenses may result in a class 3 misdemeanor conviction, which carries either a maximum fine of $500 or a jail sentence of up to 30 days.

Are there penalties for driving under the influence of cannabis in Arizona?

Operating a vehicle under the influence of marijuana is illegal in Arizona. To secure a conviction, the prosecution must prove the driver was under the influence of cannabis at the time of the offense through an initial on-site assessment and then a blood test.

First offenses for a cannabis DUI carry a fine of $250, license suspension between 90 days and one year, and between 24 hours and ten days in jail.

Subsequent offenses carry a fine of $500, license suspension up to one year, and between 30 days and 90 days in jail.

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

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

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

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.

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.

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Need legal help?

Contact an Arizona drug attorney

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.

What is the current status of medical marijuana in Arizona?

Medical marijuana is legal in Arizona and registered medical cannabis patients in the state are entitled to benefits that recreational users are not afforded.

This includes greater employment protections, tax breaks on marijuana purchases, and the right to purchase and grow greater quantities of cannabis.

The possession limit for medical marijuana patients in Arizona is 2.5 ounces, and they are entitled to cultivate up to 12 plants at home if they live more than 25 miles from the nearest dispensary.

What are the requirements to obtain a medical marijuana card in Arizona?

To qualify for a medical marijuana card in Arizona, patients must exhibit at least one of the following conditions:

  • Acquired Immune Deficiency Syndrome (AIDS)
  • Agitation of Alzheimer’s disease
  • Amyotrophic Lateral Sclerosis (ALS)
  • Cachexia or wasting syndrome
  • Cancer
  • Crohn’s disease
  • Glaucoma
  • Hepatitis C
  • Human Immunodeficiency Virus (HIV)
  • Post Traumatic Stress Disorder (PTSD)
  • Severe and chronic pain
  • Severe nausea
  • Seizures
  • Muscle spasms

How much cannabis can patients legally possess?

Under Arizona marijuana laws, patients are allowed to possess two and a half ounces of usable marijuana

Is home cultivation of medical marijuana permitted?

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.”

Are there state-licensed medical marijuana dispensaries?

Yes, state-licensed dispensaries may produce and dispense cannabis to qualifying patients on a not-for-profit basis.

Are caregivers allowed?

Yes

Does Arizona permit medical marijuana reciprocity with other states?

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.

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Business

What are the tax regulations for cannabis in Arizona?

Medical and recreational cannabis sales in Arizona are subject to a Transaction Privilege Tax (TPT) of 5.6 percent.

Recreational users also face a Marijuana Excise Tax (MET) of 16 percent, which medical marijuana patients are exempt from paying.

Finally, counties and cities in Arizona may impose a local TPT sales tax which varies between 1 to 4 percent.

Are there specific regulations for cannabis businesses in Arizona?

To legally sell cannabis or cannabis-derived products in Arizona, your business entity needs a TPT license and MET registration number.

To obtain an MET number, you first need a marijuana establishment license which is issued by the Arizona Department of Health Services (ADSH).

Can employers in Arizona drug test for cannabis use?

Employers in Arizona can test employees and prospective employees for cannabis but they are not permitted to discriminate or penalize on the basis of out-of-work marijuana use.

Can landlords prohibit cannabis use or cultivation in rental properties?

This is unclear. Since cannabis remains illegal under federal law, landlords have a legal basis to prohibit the use of marijuana in their properties, even by registered medical cannabis patients.

Arizona state law, however, holds that landlords cannot refuse to lease their property on the basis of a person’s status as a medical marijuana card holder.

Where can I find reliable resources for more information on Arizona’s cannabis laws?

  • NORML Arizona:
    For information concerning cannabis-related laws and penalties in Arizona
  • ADHS
    For information concerning marijuana business licensing