Understanding Arizona Marijuana Laws: ARS 13-3405
Facing marijuana charges is overwhelming. The legal system is complex and can be intimidating. Lawyer Listed is here to help. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of the Arizona state drug laws, specifically marijuana charges. It explains key terms and the penalties for first-time drug offenders in Arizona. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense attorney. If you are charged with a crime involving marijuana, let Lawyer Listed match you with your ideal Arizona drug crimes lawyer as soon as possible.
What are Arizona Marijuana Crimes?
ARS 13-3405 is Arizona’s primary marijuana statute that makes certain marijuana-related activities illegal. This law covers various situations beyond simple possession.
Marijuana crimes fall into one of four main categories:
Possession or use of marijuana
Possession of marijuana for sale
Production of marijuana
Transporting, selling, or transferring marijuana
Each activity carries different penalties based on the amount of marijuana involved and the specific circumstances of the case.
The law distinguishes between different types of marijuana offenses based on intent and quantity. Marijuana offenses involving simple possession for personal use carry lighter penalties than charges related to the sale, distribution, or transportation of marijuana. The weight of marijuana involved directly affects the severity of the felony classification and potential sentence.
Arizona state drug laws treat marijuana offenses seriously, even though recreational use is now legal in limited circumstances. The key is understanding where legal use ends and criminal activity begins under current Arizona marijuana laws.
Recreational Use Exception
Marijuana is legal in Arizona if the recreational use exception applies. It’s important to understand what is allowed and what remains illegal under this exception.
What’s Allowed?
- Possession: Adults (21+) may legally possess up to one ounce of marijuana, including up to five grams of concentrate.
- Cultivation: Individuals (21+) may grow up to six marijuana plants at their primary residence for personal use. If multiple adults live in the same home, the household limit is twelve plants total.
- Private Transfer: Adults (21+) may transfer up to one ounce of marijuana to another adult without payment, as long as the exchange is private and not publicly advertised or promoted.
- Paraphernalia: All marijuana-related paraphernalia used for legal consumption is permitted for adult (21+) use.
What’s Still Illegal?
- Public Use: Smoking or consuming marijuana in public places or open spaces remains illegal. Use must occur in private settings to stay within the law.
- Driving Under the Influence: Operating a vehicle while impaired by marijuana is strictly prohibited, even though possession of marijuana is legal.
Threshold Amount
Arizona law establishes “threshold amounts” for various drugs. Possession of more than the threshold amount increases the severity of the penalties.
| Drug | Threshold Amount |
|---|---|
| Marijuana | 2 pounds |
Sentencing Under Arizona Drug Laws
Penalties for marijuana-related offenses in Arizona depend on a range of factors, including the quantity involved, the nature of the conduct, your prior criminal history, and eligibility for diversion or alternative sentencing programs. Sentencing outcomes range from petty offenses—punishable by fines only—to serious felony convictions that may carry substantial prison terms. In some cases, probation is not an option (N/A), making incarceration mandatory. The tables below outline the possible consequences associated with each category of offense:
Possession or Use of Marijuana
| Charge | Class | Prison | Probation (max) |
|---|---|---|---|
| Possession: 1+ ounces – 2.5 ounces | Petty offense | 0 | 0 |
| Possession: 2.5+ ounces – 2 pounds | Class 6 Felony | 0.33 – 2 years | 3 years |
| Possession: 2 – 3.99 pounds | Class 5 Felony | 0.5 – 2.5 years | 3 years |
| Possession: 4 pounds or more | Class 4 Felony | 1 – 3.75 years | 4 years |
Possession of Marijuana for Sale
| Charge | Class | Prison | Probation (max) |
|---|---|---|---|
| Possess for sale: less than 2 pounds | Class 4 Felony | 1 – 3.75 years | 4 years |
| Possess for sale: 2 – 4 pounds | Class 3 Felony | 2 – 8.75 years | N/A |
| Possess for sale: more than 4 pounds | Class 2 Felony | 3 – 12.5 years | N/A |
Transporting, Selling, or Transferring Marijuana
| Charge | Class | Prison | Probation (max) |
|---|---|---|---|
| Transport/Sell/Transfer: less than 2 pounds | Class 3 Felony | 2 – 8.75 years | 5 years |
| Transport/Sell/Transfer: 2 pounds or more | Class 2 Felony | 3 – 12.5 years | N/A |
Additional Penalties
Beyond imprisonment, you face mandatory fines for marijuana offenses. The court must impose a fine of at least $750 or three times the drug’s value, whichever is greater. Judges cannot reduce or suspend these fines.
If you are sentenced to probation for marijuana possession, you must complete at least 24 hours of community service with a drug treatment or victim services organization. If you are sentenced to probation for a marijuana offense involving sale, production, or transport, the community service requirement increases to 240 hours.
Proposition 200 Eligibility
First-time drug offenders facing Arizona possession charges may qualify for Proposition 200 protections. This law requires probation instead of prison for first and second nonviolent possession offenses. This means if you are eligible, the court cannot sentence you to prison or jail for your first or second conviction for simple possession. Instead, you will be placed on probation and will likely have to participate in a drug treatment program.
You’re ineligible if you have prior felony convictions or previous drug sale convictions. The prosecution will review your entire criminal history to determine eligibility.
TASC Alternative Programs
TASC (Treatment Assessment Screening Center) programs offer another path to avoid conviction. These adult diversion programs can last 12 months or more and include comprehensive drug treatment components.
TASC requirements include:
- Six months of group counseling sessions
- Two self-help meetings weekly for six months
- One Saturday drug-education seminar
- Monthly office visits
- Regular drug testing
- Program fees of $2,000-$2,500
If you successfully complete the TASC program, the charges against you will be dismissed.
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition and Scope: Unless a statutory exception applies, it is unlawful to knowingly possess, use, manufacture, transport, or distribute marijuana in Arizona. Marijuana is legal for personal use for adults who are at least 21 years of age.
- Elements of the Crime
- Knowingly: The prosecution must prove that you knew you possessed marijuana.
- Acts: You possess, use, manufacture, or transport marijuana.
- Marijuana: All parts of any plant within the genus Cannabis, whether living or harvested, from which the resin has not been extracted. This includes the seeds of the plant. The term does not include mature stalks, fiber derived from those stalks, or seeds that have been sterilized and are incapable of germination.
- Sentencing:
- Possession of marijuana
- Personal Use (21+):
- No crime
- 2.5 ounces – 4+ pounds
- Class 4 – 6 felonies
- Prison: 0.33 – 3.75 years
- Personal Use (21+):
- Possession of marijuana for sale
- Less than 2 lbs. to more than 4 lbs.
- Class 2 – 4 felonies
- Prison: 1 – 12.5 years
- Less than 2 lbs. to more than 4 lbs.
- Manufacturing marijuana
- Less than 2 lbs. to more than 4 lbs.
- Class 3 – 5 felonies
- Prison: 0.5 – 8.75 years
- Less than 2 lbs. to more than 4 lbs.
- Transporting/Selling/Transferring
- Less than 2 lbs. to more than 4 lbs.
- Class 2 – 3 felonies
- Prison: 2 – 12.5 years
- Less than 2 lbs. to more than 4 lbs.
- Possession of marijuana
Next Steps:
Arizona marijuana laws have a number of variables and can result in serious consequences. The charges and the resulting sentence depend on many factors. Lawyer Listed helps you understand the law and your rights to effectively get through this difficult situation.
If you’re facing marijuana Arizona charges, under ARS 28 3408, engaging a skilled drug crimes attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; let Lawyer Listed match you with an experienced criminal defense lawyer right away.