Arizona Marijuana Laws

Click Here for Arizona Medical Marijuana Laws

 

A Detailed Review of the Arizona Criminal Marijuana Laws

Under the Arizona marijuana laws, unless you currently hold a 'medical marijuana identification card' issued by the State of Arizona authorizing you to use marijuana for medical purposes - your use of marijuana within Arizona State will most likely be looked upon as criminal activity.

Since the medical use of marijuana, even without a permit, occurs on a regular basis in ALL 50 US STATES, it is beneficial to know ALL of the laws surrounding the use of marijuana for YOUR particular state.

Let's begin with an overview of the criminal Arizona marijuana laws and subsequent penalties as they relate to the use, transport, manufacture and sale of marijuana and marijuana paraphernalia.


Arizona Criminal Marijuana Laws
Crime
Classification
Jail Time
Fine
       
Marijuana Possession:      
Misd. or Felony
6 mo. to 1.5 yrs.
$750 - $150k
Misd. or Felony
9 mo. to 2 yrs.
$750 - $150k
Felony
1.5 to 3 yrs.
$750 - $150k
Felony
1 yr. additional
$2,000 additional

* First and second convictions are eligible for probation with drug testing and treatment (exception for individuals with medical prescription).

       
Cultivation:      
Misd. or Felony 9 mo. to 2 yr. $750 - $150k
Felony 1.5 - 3 years $750 - $150k
Felony 2.5 – 7 years $750 - $150k
       
Possession For Sale:      
Felony
1.5 - 3 years
$750 - $150k
Felony
2.5 – 7 years
$750 - $150k
Felony
4 - 10 years
$750 - $150k
       
Transport/Import for Sale:      
Felony
2.5 – 7 years
$750 - $150k
Felony
4 - 10 years
$750 - $150k
       
Other:      
Misd. or Felony
6 mo. - 1.5 yrs.
up to $150,000

 

Some Things to be Aware of with Arizona Marijuana Laws:

 

Arizona MMj1) Arizona Drugged Driving:

Arizona has a zero tolerance - drugged driving law enacted for cannabis, cannabis metabolites, and other controlled substances. (Arizona Revised Statutes, Section 28-1381). Arizona's law requires mandatory imprisonment of 24 hours and not more than six months upon a first offense conviction.

Arizona Medical Marijuana

2) Arizona Marijuana Laws allowing medical use and possession for qualified, card carrying patients have been enacted. Please click here for details on the Arizona Medical Marijuana Laws.

 

 

Under the Arizona Marijuana Laws, Marijuana is a Schedule I Drug

In order to gain a better understanding of what exactly Arizona marijuana laws mean by the term 'Marijuana' (term used throughout the codes discussed below) - here is the Arizona marijuana law's definition of 'marijuana' taken from the ARS (Arizona Marijuana Laws - Revised Statutes - Title 36 Chapter 28.1 ),

 

Arizona Marijuana Laws: Revised Statutes 36-2801

Here is Arizona's Definition of Marijuana:

 "Marijuana" means all parts of any plant of the genus Cannabis whether growing or not, and the seeds of such plant.

 

Arizona Revised Statutes 13-3405

Possession, use, production, sale or transportation of marijuana; classification

A. A person shall not knowingly:

1. Possess or use marijuana.

2. Possess marijuana for sale.

3. Produce marijuana.

4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana.

B. A person who has:

Marijuana not possessed for sale having a weight of less than two pounds

Arizona Marijuana Laws 13-3405 Subsection B, Paragraph 1 - Full Text

 

1. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of less than two pounds is guilty of a class 6 felony.

Marijuana not possessed for sale having a weight of at least two pounds but less than four pounds

Arizona Marijuana Laws 13-3405 Subsection B, Paragraph 2 - Full Text

 

2. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of at least two pounds but less than four pounds is guilty of a class 5 felony.

Marijuana not possessed for sale having a weight of four pounds or more

Arizona Marijuana Laws 13-3405 Subsection B, Paragraph 3 - Full Text

 

3. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of four pounds or more is guilty of a class 4 felony.

Marijuana possessed for sale having a weight of less than two pounds

Arizona Marijuana Laws 13-3405 Subsection B, Paragraph 4 - Full Text

 

4. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 4 felony.

Marijuana possessed for sale having a weight of at least two pounds but not more than four pounds

Arizona Marijuana Laws 13-3405 Subsection B, Paragraph 5 - Full Text

 

5. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 3 felony.

Marijuana possessed for sale having a weight of more than four pounds

Arizona Marijuana Laws 13-3405 Subsection B, Paragraph 6 - Full Text

 

6. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of more than four pounds is guilty of a class 2 felony.

Produced marijuana having a weight of less than two pounds

Arizona Marijuana Laws 13-3405 Subsection B, Paragraph 7 - Full Text

 

7. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 5 felony.

Produced marijuana having a weight of at least two pounds but not more than four pounds

Arizona Marijuana Laws 13-3405 Subsection B, Paragraph 8 - Full Text

 

8. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 4 felony.

Produced marijuana having a weight of more than four pounds

Arizona Marijuana Laws 13-3405 Subsection B, Paragraph 9 - Full Text

 

9. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of more than four pounds is guilty of a class 3 felony.

Transported marijuana having a weight of less than two pounds

Arizona Marijuana Laws 13-3405 Subsection B, Paragraph 10 - Full Text

 

10. Subsection A, paragraph 4 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 3 felony.

Transported marijuana having a weight of two pounds or more

Arizona Marijuana Laws 13-3405 Subsection B, Paragraph 11 - Full Text

 

11. Subsection A, paragraph 4 of this section involving an amount of marijuana having a weight of two pounds or more is guilty of a class 2 felony.

 

Miscellaneous Related Statutes - Drug Testing, Probation & Restitution

Arizona Marijuana Laws 13-3405 Subsections C - H - Full Text

 

C. If the aggregate amount of marijuana involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is sentenced pursuant to subsection B, paragraph 5, 6, 8, 9 or 11 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

D. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of any provision of this section to pay a fine of not less than seven hundred fifty dollars or three times the value as determined by the court of the marijuana involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of the imposition of any fine required by this subsection.

E. A person who is convicted of a felony violation of any provision of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug or narcotic drug except as lawfully administered by a practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections as appropriate during the duration of the term of probation or before the expiration of the sentence imposed.

F. If the aggregate amount of marijuana involved in one offense or all of the offenses that are consolidated for trial is less than the statutory threshold amount, a person who is sentenced pursuant to subsection B, paragraph 4, 7 or 10 and who is granted probation by the court shall be ordered by the court that as a condition of probation the person perform not less than two hundred forty hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.

G. If a person who is sentenced pursuant to subsection B, paragraph 1, 2 or 3 of this section is granted probation for a felony violation of this section, the court shall order that as a condition of probation the person perform not less than twenty-four hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.

H. If a person is granted probation for a misdemeanor violation of this section, the court shall order as a condition of probation that the person attend eight hours of instruction on the nature and harmful effects of narcotic drugs, marijuana and other dangerous drugs on the human system, and on the laws related to the control of these substances, or perform twenty-four hours of community restitution.

Arizona Revised Statutes 13-3415

Possession, manufacture, delivery and advertisement of drug paraphernalia; definitions; violation; classification; civil forfeiture; factors

Arizona Marijuana Laws 13-3405 Full Text

 

A. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a drug in violation of this chapter. Any person who violates this subsection is guilty of a class 6 felony.

B. It is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a drug in violation of this chapter. Any person who violates this subsection is guilty of a class 6 felony.

C. It is unlawful for a person to place in a newspaper, magazine, handbill or other publication any advertisement knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a class 6 felony.

D. All drug paraphernalia is subject to forfeiture pursuant to chapter 39 of this title. The failure to charge or acquittal of an owner or anyone in control of drug paraphernalia in violation of this chapter does not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.

E. In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:

1. Statements by an owner or by anyone in control of the object concerning its use.

2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any drug.

3. The proximity of the object, in time and space, to a direct violation of this chapter.

4. The proximity of the object to drugs.

5. The existence of any residue of drugs on the object.

6. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter.

7. Instructions, oral or written, provided with the object concerning its use.

8. Descriptive materials accompanying the object which explain or depict its use.

9. National and local advertising concerning its use.

10. The manner in which the object is displayed for sale.

11. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.

12. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.

13. The existence and scope of legitimate uses for the object in the community.

14. Expert testimony concerning its use.

F. In this section, unless the context otherwise requires:

1. "Drug" means any narcotic drug, dangerous drug, marijuana or peyote.

2. "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a drug in violation of this chapter. It includes:

(a) Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a drug or from which a drug can be derived.

(b) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing drugs.

(c) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a drug.

(d) Testing equipment used, intended for use or designed for use in identifying or analyzing the strength, effectiveness or purity of drugs.

(e) Scales and balances used, intended for use or designed for use in weighing or measuring drugs.

(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting drugs.

(g) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.

(h) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding drugs.

(i) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of drugs.

(j) Containers and other objects used, intended for use or designed for use in storing or concealing drugs.

(k) Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting drugs into the human body.

(l) Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, a narcotic drug, a dangerous drug, hashish or hashish oil into the human body, such as:

(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.

(ii) Water pipes.

(iii) Carburetion tubes and devices.

(iv) Smoking and carburetion masks.

(v) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.

(vi) Miniature cocaine spoons and cocaine vials.

(vii) Chamber pipes.

(viii) Carburetor pipes.

(ix) Electric pipes.

(x) Air-driven pipes.

(xi) Chillums.

(xii) Bongs.

(xiii) Ice pipes or chillers.

Arizona Revised Statutes 13-3415

Possession, use, sale or transfer of marijuana, peyote, prescription drugs, dangerous drugs or narcotic drugs or manufacture of dangerous drugs in a drug free school zone; violation; classification; definitions

Arizona Marijuana Laws 13-3441 Full Text

 

A. It is unlawful for a person to do any of the following:

1. Intentionally be present in a drug free school zone to sell or transfer marijuana, peyote, prescription-only drugs, dangerous drugs or narcotic drugs.

2. Possess or use marijuana, peyote, dangerous drugs or narcotic drugs in a drug free school zone.

3. Manufacture dangerous drugs in a drug free school zone.

B. A person who violates subsection A of this section is guilty of the same class of felony that the person would otherwise be guilty of had the violation not occurred within a drug free school zone, and section 13-709.03, subsection C applies to the sentence imposed.

C. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than two thousand dollars or three times the value as determined by the court of the drugs involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of the imposition of any fine required by this subsection.

D. Each school district's governing board or its designee, or the chief administrative officer in the case of a nonpublic school, shall place and maintain permanently affixed signs located in a visible manner at the main entrance of each school that identifies the school and its accompanying grounds as a drug free school zone.

E. The drug free school zone map prepared pursuant to title 15 shall constitute an official record as to the location and boundaries of each drug free school zone. The school district's governing board or its designee, or the chief administrative officer in the case of any nonpublic school, shall promptly notify the county attorney of any changes in the location and boundaries of any school property and shall file with the county recorder the original map prepared pursuant to title 15.

F. All school personnel who observe a violation of this section shall immediately report the violation to a school administrator. The administrator shall immediately report the violation to a peace officer. It is unlawful for any school personnel or school administrator to fail to report a violation as prescribed in this section.

G. School personnel having custody or control of school records of a student involved in an alleged violation of this section shall make the records available to a peace officer upon written request signed by a magistrate. Records disclosed pursuant to this subsection are confidential and may be used only in a judicial or administrative proceeding. A person furnishing records required under this subsection or a person participating in a judicial or administrative proceeding or investigation resulting from the furnishing of records required under this subsection is immune from civil or criminal liability by reason of such action unless the person acted with malice.

H. A person who violates subsection F of this section is guilty of a class 3 misdemeanor.

I. For the purposes of this section:

1. "Drug free school zone" means the area within three hundred feet of a school or its accompanying grounds, any public property within one thousand feet of a school or its accompanying grounds, a school bus stop or on any school bus or bus contracted to transport pupils to any school.

2. "School" means any public or nonpublic kindergarten program, common school or high school.

More on Arizona Marijuana Laws:

For further details about the specifics of the legislation and other Arizona marijuana laws - Visit the Official Arizona Legislative Website home page on the Arizona State Legislature's Web site - or more specifically the - Arizona Revised Statutes page.

 

 

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