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Arizona Laws & Penalties
| Offense | Penalty | Incarceration | Max. Fine |
Possession | |||
| Less than 2 lbs | Felony | 4 months - 2 years | $ 150,000 |
| 2 - less than 4 lbs | Felony | 6 months - 2.5 years | $ 150,000 |
| 4 lbs or more | Felony | 1 - 3.75 years | $ 150,000 |
Sale | |||
| Less than 2 lbs | Felony | 1 - 3.75 years | $ 150,000 |
| 2 - 4 lbs | Felony | 2 - 8.75 years | $ 150,000 |
| More than 4 lbs | Felony | 3 - 12.5 years | $ 150,000 |
Manufacture/Cultivation | |||
| Less than 2 lbs | Felony | 6 months - 2.5 years | $ 150,000 |
| 2 - 4 lbs | Felony | 1 - 3.75 years | $ 150,000 |
| More than 4 lbs | Felony | 2 - 8.75 years | $ 150,000 |
Trafficking | |||
| Less than 2 lbs | Felony | 2 - 8.75 years | $ 150,000 |
| 2 lbs or more | Felony | 3 - 12.5 years | $ 150,000 |
Hash & Concentrates | |||
| Possession or Use | Felony | 1 - 3.75 years | $ 150,000 |
| Manufacture, Sale, or Trafficking | Felony | 3 - 12.5 years | $ 150,000 |
Paraphernalia | |||
| Possession or advertising of paraphernalia | Felony | 4 months - 2 years | $ 150,000 |
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
Possession for personal use of less than 2 pounds 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 $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 6 months, a maximum sentence of 2.5 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 more than 4 pounds 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 $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.
See
- Arizona REV. STAT. § 13-3401
- Arizona REV. STAT. § 13-3405
- Arizona REV. STAT. § 13-702
- Arizona REV. STAT. § 13-801
- Arizona REV. STAT. § 13-821
Sale
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 year, a maximum sentence of 3.75 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 years, a maximum sentence of 8.75 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 2 years, a maximum sentence of 12.5 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.
See
- Arizona REV. STAT. § 13-3405
- Arizona REV. STAT. § 13-702
- Arizona REV. STAT. § 13-801
- Arizona REV. STAT § 13-821
Manufacture/Cultivation
Producing less than 2 pounds 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 $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 year, a maximum sentence of 3.75 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 2 years, a maximum sentence of 8.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.
See
- Arizona REV. STAT. § 13-3405
- Arizona REV. STAT. § 13-702
- Arizona REV. STAT. § 13-801
- Arizona REV. STAT § 13-821
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 8.75 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 2 years, a maximum sentence of 12.5 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.
See
- Arizona REV. STAT. § 13-3405
- Arizona REV. STAT. § 13-702
- Arizona REV. STAT. § 13-801
- Arizona REV. STAT § 13-821
Hash & Concentrates
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."
See
- Arizona REV. STAT. § 13-3401(20)(w)
- Arizona REV. STAT. § 13-3401(4)(a)-(b)
Knowingly possessing or using a narcotic drug is a class 4 felony, punishable by a minimum of 1 year 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 3 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 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 3 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 3 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.
See
- Arizona REV. STAT. § 13-3408
- Arizona REV. STAT. § 13-702
- Arizona REV. STAT. § 13-801
- Arizona REV. STAT § 13-821
Paraphernalia
Any possession of drug paraphernalia, 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 $1000 or a fine to exhaust the proceeds of the drug offense.
See
- Arizona REV. STAT. § 13-3415
- Arizona REV. STAT. § 13-702
- Arizona REV. STAT. § 13-801
- Arizona REV. STAT § 13-821
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
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.
See
- Arizona Rev. Stat. § 13-604
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.
See
- Arizona REV. STAT. § 13-802
- Arizona REV. STAT. § 13-821
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.
Hemp
This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.
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: Medical Use.
Continuing Legal Education (CLE)
Dec. 5-7
