With all the new changes throughout the country regarding medical marijuana's legality, it's hard to keep track of the various states' marijuana laws. Read on to get an overview of Arizona's marijuana laws.
Arizona Medical Marijuana Act
In 2010, voters passed the Arizona Medical Marijuana Act by a narrow margin of just over 50 percent. The citizen initiative (Proposition 203) called on the Arizona Department of Health Services to create a medical marijuana program. About 50,000 people participate in Arizona's medical marijuana program. The Medical Marijuana Act authorizes the possession and personal use of up to 2.5 ounces of marijuana by patients with written certification from a physician to alleviate a variety of symptoms associated with conditions (and the treatment prescribed for these conditions) such as: cancer, glaucoma, AIDS, Crohn's disease, and Hepatitis C.
State Penalties for Non-Medical Marijuana Use
It is important to note that recreational use of marijuana, possession with intent to sell, possession or sale of more than 28 grams, and non-medical cultivation of marijuana are still serious crimes in Arizona.
The classification, amount of incarceration time, and amount of fines associated with marijuana drug charges in Arizona, are as follows:
Arizona Marijuana Penalties |
||||
Offense |
Drug Amount |
Felony Class |
Incarceration Time |
Fine |
POSSESSION |
Less than 2 lbs. |
Class 6 |
6 months - 1.5 years |
up to $150,000 |
2 - 4 lbs. |
Class 5 |
9 months - 2 years |
up to $150,000 |
|
4 lbs. or more |
Class 4 |
1.5 - 3 years |
up to $150,000 |
|
CULTIVATION & PRODUCTION |
Less than 2 lbs. |
Class 5 |
9 months - 2 years |
up to $150,000 |
2 - 4 lbs. |
Class 4 |
1.5 - 3 years |
up to $150,000 |
|
4 lbs. or more |
Class 3 |
2.5 - 7 years |
up to $150,000 |
|
POSSESSION FOR SALE |
Less than 2 lbs. |
Class 4 |
1.5 - 3 years |
up to $150,000 |
2 - 4 lbs. |
Class 3 |
2.5 - 7 years |
up to $150,000 |
|
4 lbs. or more |
Class 2 |
4 - 10 years |
up to $150,000 |
|
SALE OR DELIVERY FOR SALE |
Less than 2 lbs. |
Class 3 |
2.5 - 7 years |
up to $150,000 |
2 lbs. or more |
Class 2 |
4 - 10 years |
up to $150,000 |
|
POSSESSION PARAPHERNALIA |
N/A |
Class 6 |
6 months - 1.5 years |
up to $150,000 |
MARIJUANA DUI |
Impaired to Slightest Degree |
Misdemeanor; Felony |
Varies |
Varies |
THC Metabolites in Blood |
Misdemeanor; Felony |
Varies |
Varies |
|
Note: State laws are constantly changing -- please contact an Arizona criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
Federal Marijuana Laws
Keep in mind that although Arizona state law now legalizes medical marijuana, the federal government does not recognize a distinction between medical and non-medical marijuana -- both are treated as controlled substances (along the lines of cocaine, heroine, etc.). The federal penalties for possession and sale of marijuana are outlined in the table below:
Federal Marijuana Penalties |
||||
Offense |
Drug Amount |
Crime Classification |
Incarceration Time |
Fine |
POSSESSION |
1st offense - any amount |
Misdemeanor |
up to 1 year |
$1,000 |
2nd offense - any amount |
Misdemeanor |
min. 15 days; up to 2 years |
$2,500 |
|
3rd offense or more - any amount |
Misdemeanor; Felony |
min. 90 days; up to 3 years |
$5,000 |
|
SALE |
less than 50 kg. |
Felony |
up to 5 years |
$250,000 |
50 - 99 kg. |
Felony |
up to 20 years |
$1,000,000 |
|
100 - 1000 kg. |
Felony |
min. 5 years; up to 40 years |
$2,000,000 |
|
more than 1000 kg. |
Felony |
10 years - life |
$4,000,000 |
|
Note: State laws are constantly changing -- please contact an Arizona criminal defense attorney or conduct your own legal research to verify the law(s) you are researching.
Arizona Marijuana Laws: More Information
If you are interested in learning more, check out these links:
Charged with an Arizona Drug Crime? Get Professional Legal Help Today
Whether you agree that marijuana should be criminalized or not, if you've been charged with an Arizona marijuana-related offense, your first priority should be to understand the allegations against you and the possible penalties. An Arizona defense attorney with experience handling cannabis cases will be able to protect your interests and represent you in court.
