Arizona Penalties
| Offense | Penalty | Incarceration | Max. Fine |
Possession | |||
| Less than 2 lbs | felony | 4 mos - 2 years | $ 750 |
| 2 - 4 lbs | felony | 6 mos - 2.5 years | $ 750 |
| More than 4 lbs | felony | 1 - 3.75 years | $ 750 |
Sale | |||
| Less than 2 lbs | felony | 1 - 3.75 years | $ 750 |
| 2 - 4 lbs | felony | 2 - 8.75 years | $ 750 |
| More than 4 lbs | felony | 2 - 12.5 years | $ 750 |
Manufacture | |||
| Less than 2 lbs | felony | 6 mos - 2.5 years | $ 750 |
| 2 - 4 lbs | felony | 1 - 3.75 years | $ 750 |
| More than 4 lbs | felony | 2 - 8.75 years | $ 750 |
Trafficking | |||
| Less than 2 lbs | felony | 2 - 8.75 years | $ 750 |
| 2 lbs or more | felony | 2 - 12.5 years | $ 750 |
Paraphernalia | |||
| Possession or sale of paraphernalia | felony | 4 mos - 2 years | $ 750 |
Miscellaneous (license suspensions, civil damages, etc...) | |||
| 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. | |||
Penalty Details
Possession
Possession for personal use of less than 2 lbs. of marijuana is a Class 6 felony, punishable by a minimum sentence of 4 months, a maximum sentence of 2 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.
Possession for personal use of 2-4 lbs. of marijuana is a Class 5 felony, punishable by a minimum sentence of 6 months, a maximum sentence of 2.5 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.
Possession for personal use of more than 4 lbs. of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year, a maximum sentence of 3.75 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.
See:
- Arizona REV. STAT. § 13-3401
- Arizona REV. STAT. § 13-3405
- Arizona REV. STAT. § 13-702
Sale
The sale, or possessing for sale, of less than 2 lbs. of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year, a maximum sentence of 3.75 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 240 hours of community service.
The sale, or possessing for sale, of between 2-4 lbs. of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 8.75 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense.
The sale, or possessing for sale, of more than 4 lbs. of marijuana is a Class 2 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 12.5 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense.
See:
- Arizona REV. STAT. § 13-3405
- Arizona REV. STAT. § 13-702
Manufacture
Producing less than 2 lbs. of marijuana is a Class 5 felony, punishable by a minimum sentence of 6 months, a maximum sentence of 2.5 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 240 hours of community service.
Producing between 2-4 lbs. of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year, a maximum sentence of 3.75 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense.
Producing more than 4 lbs. of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 8.75 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense.
See:
- Arizona REV. STAT. § 13-3405
- Arizona REV. STAT. § 13-702
Trafficking
Bringing less than 2 lbs. of marijuana into AZ is a Class 3 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 8.75 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.
Bringing 2 lbs. or more of marijuana into AZ is a Class 2 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 12.5 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense.
See:
- Arizona REV. STAT. § 13-3405
- Arizona REV. STAT. § 13-702
Paraphernalia
Any possession of drug paraphernalia, both for personal use of for sale, as well as advertising for the sale of drug paraphernalia, is a Class 6 felony, punishable by a minimum sentence of 4 months, a maximum sentence of 2 years, and a minimum fine of $750 or a fine to exhaust the proceeds of the drug offense.
See:
- Arizona REV. STAT. § 13-3415
- Arizona REV. STAT. § 13-702
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.
See:
- Arizona REV. STAT. § 13-3409
- Arizona REV. STAT. § 13-3410
- Arizona REV. STAT. § 13-3411
- Arizona REV. STAT. § 13-703
Conditional Release
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.
Drugged Driving
This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific threshold. For more information, see NORML's Drugged Driving (DUID) report.
Medical Marijuana
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.
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5/31/2012
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