Medical & Recreational Marijuana Possession Regulations in Arizona
In Arizona, the passage of Proposition 207 legalized the personal possession, private consumption, and purchase of marijuana and cannabis for adults (defined as, “persons 21 years of age and older”) up to a certain amount per person, transforming the state's cannabis landscape entirely. See: Bureau of Marijuana Licensing FAQ
The new legislation allows individuals aged 21 and over to possess up to one ounce (approximately 28.35 grams) of marijuana (the leaf product) of which not more than 5.0 grams of that allowable ounce can be marijuana concentrates (the resulting product upon extracting THC from the cannabis plant), with retail sales proceeds allocated to public education and various safety initiatives.
ARS 36-2852 InformationARS 13-3401 InformationMoreover, adults can grow up to six (6) plants for non-commercial purposes within their private residences subject to certain restrictions, or up to twelve (12) plants for two adults living in the same residence. See here for some additional information regarding growing marijuana for personal use: Marijuana Cultivation Laws Information
However, for those under 21 years of age, possession and/or consumption of marijuana less than one ounce and/or possession of cannabis less than 5 grams is a civil offense and subject a first-time offender to a fine of not more than $100.
Adults may now think that because possession is legal that they can consume marijuana and/or cannabis openly, however, public consumption is NOT authorized under any law.
Possessing over one ounce but less than 2.5 ounces of marijuana for personal use is a petty offense for first-time offenders.
Possessing over 2.5 ounces of marijuana, or more than 12 grams of marijuana concentrate, for personal use is a Class 6 felony, which carries the following possible prison sentences of: minimum 4-months, maximum 2-years, with the presumptive sentence of 1 year, along with a maximum fine of $150,000.
Possessing over 2.5 ounces of marijuana, or 12 grams of marijuana concentrate, but less than 2 pounds for sale is a Class 4 felony, carrying a minimum 1-year sentence, a maximum 3.75-year sentence, with the presumptive sentence of 2.5 years, along with a maximum fine of $150,000.Transporting over 2.5 ounces of marijuana, or 12 grams of marijuana concentrate, but less than 2 pounds for sale is a Class 3 felony, carrying a minimum 2-year sentence, a maximum 8.75-year sentence, with the presumptive sentence of 3.5 years, along with a maximum fine of $150,000.
Transporting over 2 pounds of marijuana for sale is a Class 2 felony, carrying a minimum 3-year sentence, a maximum 12.5-year sentence, with the presumptive sentence of 5 years, along with a maximum fine of $150,000.
References: Prop 207, ARS §§ 36-2850 - 36-2865; Arizona REV. STAT. §§13-3401, 13-3405, 13-3408; Arizona REV. STAT. §13-801; Arizona REV. STAT. §§13-701 - 13-702.
FAQ
Can You Get A DUI For Marijuana In Phoenix, Arizona?
Despite marijuana's legalization in Arizona, driving under its influence remains a criminal offense. These legal changes have notably impacted the enforcement and prosecution of marijuana DUI laws. If you've been arrested for driving under the influence of marijuana in Scottsdale, Mesa, Tempe, Chandler, Maricopa County, it's crucial to have an attorney who is well-versed in the existing laws and can effectively challenge the government's case against you.
In the context of driving under the influence of drugs, there are two primary ways the government can charge you:
Previously, under sub-section (A)(3), prosecutors didn't need to prove impairment to charge someone with a DUI. It was sufficient to demonstrate the presence of marijuana or THC in the person's system. However, with the passage of Proposition 207, additional language was added to A.R.S. 36-2852(B), clarifying that an individual can only be found guilty of a marijuana DUI under sub-section (A)(3) if they are "impaired to the slightest degree."
This new language aligns each of the two above-referenced DUI sub-sections more closely. Under the updated marijuana DUI laws, a person is not considered guilty of driving under the influence of marijuana unless the prosecution proves beyond a reasonable doubt: 1.) the presence of marijuana/THC in your blood, and 2.) that the marijuana/THC found in your blood caused you to be impaired to the slightest degree. This holds true regardless of whether an individual possesses an Arizona medical marijuana card or not!
Can out of state residents buy recreational marijuana in Arizona?
Absolutely. In Arizona, individuals aged 21 and older, including visitors from other states or countries, are permitted to purchase, possess, and consume marijuana for personal recreational purposes. This legal allowance makes it convenient for out-of-state and international guests to enjoy the benefits of recreational marijuana within Arizona's boundaries. The new legislation allows individuals aged 21 and over to possess up to one ounce of cannabis, or 5 grams of marijuana wax concentrate.
What happens if you get caught with marijuana concentrates (wax/dab/vape pens) in Arizona?
Before the implementation of the "Smart and Safe Arizona Act," law enforcement considered possession of even small amounts of marijuana wax as a “narcotic drug” which is a Class 4 felony. However, the legalization of recreational marijuana and marijuana concentrates has altered this in several dramatic ways, one of which is the legalization of adult use and possession of less than 5 grams of marijuana concentrate is no longer a felony. Nevertheless, certain restrictions still apply.
While you can possess up to 1 ounce (28 grams) of marijuana in leaf/bud form, there is a limit on the amount of wax you can possess. Out of the permissible 1 ounce of bud, only 5 grams can be marijuana concentrate. This concentrate refers to the resin extracted from a cannabis plant, often appearing as wax or oil, and is typically consumed using a vape pen. To ensure compliance with Arizona's marijuana laws, consult with an experienced attorney who can provide guidance and assistance.
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