Arizona Laws and Penalties

OffensePenaltyIncarceration  Max. Fine  

Possession

1 ozNo penaltyNone$ 0
More than 1 oz to 2.5 ozPetty offenseNone$ 300
More than 2.5 oz to less than 2 lbsFelony6 months - 1.5 years$ 150,000
2 lbs - less than 4 lbsFelony9 months - 2 years$ 150,000
4 lbs or moreFelony1.5 - 3 years$ 150,000

Sale

Transfer of up to 1 oz*No penaltyNone$ 0
Less than 2 lbsFelony1.5 - 3 years$ 150,000
2 - 4 lbsFelony2.5 - 7 years$ 150,000
More than 4 lbsFelony4 - 10 years$ 150,000
* By adults without remuneration

Manufacture/Cultivation

Up to 6 plants**No penaltyNone$ 0
More than 6 plants Felony9 months - 7 years$ 150,000
** Non-commercial purposes in a private residence.

Trafficking

Less than 2 lbsFelony2.5 - 7 years$ 150,000
2 lbs or moreFelony4 - 10 years$ 150,000

Hash & Concentrates

Less than 5 gNo penaltyNone$ 0
5 g to less than 12.5 gPetty offenseNone$ 300
12.5 g or moreFelony1 - 3.75 years$ 150,000
Manufacture, Sale, or TraffickingFelony3 - 12.5 years$ 150,000

Paraphernalia

Possession or useNo penaltyNone$ 0

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.

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 less than 2 pounds of marijuana is a Class 6 felony, punishable by a minimum sentence of 6 months, a maximum sentence of 1.5 years, and a minimum fine of $1000 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 pounds of marijuana is a Class 5 felony, punishable by a minimum sentence of 9 months, a maximum sentence of 2 years, and a minimum fine of $1000 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 pounds of marijuana is a Class 4 felony, punishable by a minimum sentence of 1.5 years, a maximum sentence of 3 years, and a minimum fine of $1000 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.

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 Class 4 felony, punishable by a minimum sentence of 1.5 years, a maximum sentence of 3 years, and a minimum fine of $1000 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 pounds of marijuana is a Class 3 felony, punishable by a minimum sentence of 2.5 years, a maximum sentence of 7 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

The sale, or possessing for sale, of more than 4 pounds of marijuana is a Class 2 felony, punishable by a minimum sentence of 4 years, a maximum sentence of 10 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

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

Producing more than 6 plants and up to 2 pounds of marijuana is a Class 5 felony, punishable by a minimum sentence of 9 months, a maximum sentence of 2 years, and a minimum fine of $1000 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 pounds of marijuana is a Class 4 felony, punishable by a minimum sentence of 1.5 years, a maximum sentence of 3 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

Producing more than 4 pounds of marijuana is a Class 3 felony, punishable by a minimum sentence of 5 years, a maximum sentence of 7 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

Trafficking

Bringing less than 2 pounds of marijuana into AZ is a Class 3 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 7 years, and a minimum fine of $1000 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 pounds or more of marijuana into AZ is a Class 2 felony, punishable by a minimum sentence of 4 years, a maximum sentence of 10 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

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.

In AZ, hashish and concentrates are Schedule I narcotic drugs listed as “Cannabis.” “Cannabis” is classified in Arizona as “The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin … and every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol.”

  • Arizona REV. STAT. § 13-3401(20)(w) Web Search
  • Arizona REV. STAT. § 13-3401(4)(a)-(b) Web Search

Knowingly possessing or using five grams or more of a narcotic drug is a class 4 felony, punishable by a minimum of 1.5 years imprisonment, a maximum of 3 years in prison, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.

Knowingly possessing a narcotic drug for sale is a class 2 felony, punishable by a minimum of 4 years imprisonment, a maximum of 10 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.

Knowingly possessing the equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug is a class 3 felony, punishable by a minimum of 2.5 years imprisonment, a maximum of 7 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.

Manufacturing a narcotic drug is a class 2 felony, punishable by a minimum of 4 years imprisonment, a maximum of 10 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.

Transporting a narcotic drug into the state is a class 2 felony, punishable by a minimum of 4 years imprisonment, a maximum of 10 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.

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.”

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.

Class 6 Felony; Designation

If convicted of any Class 6 felony not involving a dangerous offense and if the court is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a Class 1 misdemeanor, or may place the defendant on probation in accordance with chapter 9 of this title. This does not apply to any person who stands convicted of a Class 6 felony and who has previously been convicted of two or more felonies.

Fines

A class 1 misdemeanor fine shall not be more than $2500. The minimum fine for a first time drug offense is $1000. For a second or subsequent offense there shall be a fine of at least $2000.

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.