Offense | Penalty | Incarceration | Max. Fine |
---|---|---|---|
Possession |
|||
1 oz | No penalty | None | $ 0 |
More than 1 oz to 2.5 oz | Petty offense | None | $ 300 |
More than 2.5 oz to less than 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 |
|||
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 with no remuneration | |||
Manufacture/Cultivation |
|||
Up to 6 plants** | No penalty | None | $ 0 |
Up to 12 plants at a single residence with more than one adult** | No penalty | None | $ 0 |
More than 6 plants - 2 lbs | Felony | 9 months - 2 years | $ 150,000 |
2 - 4 lbs | Felony | 1.5 - 3 years | $ 150,000 |
More than 4 lbs | Felony | 2.5 - 7 years | $ 150,000 |
** Non-commercial purposes in a private residence. | |||
Trafficking |
|||
Less than 2 lbs | Felony | 2.5 - 7 years | $ 150,000 |
2 lbs or more | Felony | 4 - 10 years | $ 150,000 |
Hash & Concentrates |
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Less than 5 g | No penalty | None | $ 0 |
5 g to less than 12.5 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 |
|||
Possession or use | No penalty | None | $ 0 |
Penalty Details
Possession
Voters in Arizona passed Prop 207, a statewide ballot initiative legalizing the possession, use, and commercial sale of marijuana for adults. The Act permits those age 21 or older to possess up to one ounce of cannabis and directs revenue from retail cannabis sales to fund various public education and safety programs. Adults may cultivate up to six plants for non-commercial purposes in a private residence. The law took effect on November 30, 2020.
Possession by those under age 21 is a civil penalty for a first offense, petty offense for a second offense, and class 1 misdemeanor for a third offense.
Use in public is classified as a petty offense.
Possession for personal use of more than one ounce, but less than 2.5 ounces of marijuana is a petty offense punishable by a maximum fine of $300.
Possession for personal use of 2.5 ounces to 2 pounds of marijuana is a felony, punishable by a minimum sentence of 6 months, a maximum sentence of 1.5 years, and a maximum fine of $150,000.
Possession for personal use of 2-4 pounds of marijuana is a felony, punishable by a minimum sentence of 9 months, a maximum sentence of 2 years, and a maximum fine of $150,000.
Possession for personal use of more than 4 pounds of marijuana is a felony, punishable by a minimum sentence of 1.5 years, a maximum sentence of 3 years, and a maximum fine of $150,000.
- Prop 207 36-2852(A)(1); Prop 207 36-2852(A)(1)
- Arizona REV. STAT. §13-3405(B)(1)
- Arizona REV. STAT. §13-801(A)
- Arizona REV. STAT. §13-702(D)
Sale
An adult may transfer up to 1 ounce of marijuana to another adult as long as there is no remuneration and the transfer is not advertised or promoted to the public.
The sale, or possessing for sale, of less than 2 pounds of marijuana is a felony, punishable by a minimum sentence of 1.5 years, a maximum sentence of 3 years, and a maximum fine of $150,000.
The sale, or possessing for sale, of between 2-4 pounds of marijuana is a felony, punishable by a minimum sentence of 2.5 years, a maximum sentence of 7 years, and a maximum fine of $150,000.
The sale, or possessing for sale, of more than 4 pounds of marijuana is a felony, punishable by a minimum sentence of 4 years, a maximum sentence of 10 years, and a maximum fine of $150,000.
- Prop 207 36-2852(A)(2)
- Arizona REV. STAT. § 13-3405(B)(4)(5)(6)
- Arizona REV. STAT. § 13-801(A)
- Arizona REV. STAT § 13-702(D)
Manufacture/Cultivation
Voters in Arizona passed Prop 207, a statewide ballot initiative legalizing the possession, use, and commercial sale of marijuana for adults. Adults may cultivate up to six plants for non-commercial purposes in a private residence. The law took effect on November 30, 2020.
An adult may transfer up to 6 plants to another adult as long as there is no remuneration and the transfer is not advertised or promoted to the public. No more than 12 plants is permitted at a single residence where two or more individuals over age 21.
Producing more than 6 plants and up to 2 pounds of marijuana is a felony, punishable by a minimum sentence of 9 months, a maximum sentence of 2 years, and a maximum fine of $150,000.
Producing between 2-4 pounds of marijuana is a felony, punishable by a minimum sentence of 1.5 years, a maximum sentence of 3 years, and a maximum fine of $150,000.
Producing more than 4 pounds of marijuana is a felony, punishable by a minimum sentence of 2.5 years, a maximum sentence of 7 years, and a maximum fine of $150,000.
- Prop 207 36-2852(A)(2)
- Arizona REV. STAT. § 13-3405(B)(7)(4)(5)
- Arizona REV. STAT. §13-801(A)
- Arizona REV. STAT § 13-702(D)
Trafficking
Bringing less than 2 pounds of marijuana into Arizona is a felony, punishable by a minimum sentence of 2 years, a maximum sentence of 7 years, and a maximum fine of $150,000.
Bringing 2 pounds or more of marijuana into Arizona is a felony, punishable by a minimum sentence of 4 years, a maximum sentence of 10 years, and a maximum fine of $150,000.
- Arizona REV. STAT. § 13-3405(B)(5)(6)
- Arizona REV. STAT. § 13-801(A)
- Arizona REV. STAT. § 13-702(D)
Hash & Concentrates
Voters in Arizona passed Prop 207, a statewide ballot initiative legalizing the possession, use, and commercial sale of marijuana for adults. The Act permits those age 21 or older to possess up to five grams of concentrates. The law took effect on November 30, 2020.
Possession for personal use of more than five grams but less than 12.5 grams of concentrates is a petty offense punishable by a maximum fine of $300.
Possession for personal use of more than 12.5 grams of concentrates is a felony, punishable by a minimum sentence of 1 year, a maximum sentence of 3.75 years, and a maximum fine of $150,000.
Manufacture, sale or trafficking of concentrates is a felony, punishable by a minimum sentence of 3 years, a maximum sentence of 12.5 years, and a maximum fine of $150,000.
- Prop 207 36-2852(A)(1); Prop 207 36-2852(A)(1)
- Arizona REV. STAT. § 13-3401(20)(w)
- Arizona REV. STAT. § 13-3401(4)(a)-(b)
- Arizona REV. STAT. § 13-702(D)
Paraphernalia
Voters in Arizona passed Prop 207, a statewide ballot initiative legalizing the possession, use, and commercial sale of marijuana for adults. The Act permits the possession, use, manufacturing and sale of paraphernalia “relating to the cultivation, manufacture, processing or consumption of marijuana and marijuana products.”
More Information
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
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a 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, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
Legalization
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
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.