Equal Medicine Organization
US Dispensary

Arizona Marijuana Laws

Arizona Marijuana Laws

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

This state has a per se drugged driving law enacted. 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. Further information about cannabinoids and their impact on psychomotor performance.

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 NORML’s Medical Marijuana section.

Arizona Drugged Driving

In Arizona, it is unlawful for a person to drive a vehicle (1) while under the influence of any drug, or any combination of liquor and/or drugs if the person is impaired to the slightest degree, OR (2) while there is any drug or its metabolite in the person’s body. Ariz. Rev. Stat. Ann. §§ 28-1381(A)(1), (3) (West 2010). However, a registered qualifying medical use patient shall not be considered to be under the influence solely for having marijuana metabolites in his or her system.

(1) Driving under the influence of any drug

Affirmative Defense

The fact that the person is or has been entitled to use a drug in this state is not a defense to this first type of DUI. Id. § 28-1381(B).

(2) Driving while there is any drug or metabolite in the person’s body (per se law)

NOTE: Actual impairment is not an element of this offense. Cannabis metabolites can be detected in a person’s body up to one month after use, thus it is possible to be convicted of this type of DUI weeks after a person last ingested cannabis.

Affirmative Defense

A person using a drug, as prescribed by a medical practitioner is not guilty of this second type of DUI. Id. § 28-1381(D).

NOTE: A recommendation to use marijuana from a medical practitioner is not a prescription.

Implied Consent

  • By operating a vehicle in Arizona a person gives consent to a test of the persons blood, breath, urine, or other bodily substance for the purpose of determining alcohol or drug content. Id. § 28-1321(A).
  • If a person under arrest refuses to submit to the test the test shall not be given. Id. § 28-1321 (D)(1).
  • If the person refuses, their driver’s license may be suspended or denied for 12 months. Id. § 28-1321(B).
  • A person has a right to consult with an attorney before submitting to a chemical test, or as soon as possible after being taken into custody. State v. Holland, 711 P.2d 602, 603(1985).
  • The state is not required to provide free blood test to accused, but state may not unreasonably interfere with reasonable attempts to for defendant to obtain blood or other scientific test for purpose of attempting to establish evidence of his sobriety w/i the crucial window for testing. Ariz. Rev. Stat. Ann. § 22-424 (West 2010).
  • Evidence of refusal is admissible in any legal action or proceeding. Id. § 28-1387(D).

Penalties

  • First offense – jail for 10 to 180 days; alcohol and/or drug treatment; fine of approximately $1,800 (plus jail costs); license suspension for 90 days; probation for up to five years; community service; offender may be ordered to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel; ignition interlock device required for 12 months. Id. §§ 28-1381 (I)-(J).
  • Second offense – jail for of 90 to 180 days; approximately $3,500 in fines and costs; license revoked for one year; substance abuse evaluation; probation for up to five years; minimum of 30 hours of community service; offender may be ordered to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel. Id. §§ 28-1381(K)-(N).
  • Third offense (w/i 7 years, or with suspended license) Class Four Aggravated Felony – minimum of 4 months in prison; the State may seize vehicle; up to $150,000 in fines (+80% surcharge); license revocation for three years; probation for up to five years. Id. §§ 28-1383 (J)-(K).

Other Penalties & Penalty Enhancers

  • DUI w/ a child under 15 years old in vehicle Class 6 Felony/Aggravated DUI — up to $150,000 in fines (plus surcharge); license revocation for three years; probation for up to five years. Id. § 28-1381(A)(3); Id. §§ 28-1383 (J)-(K).
  • DUI violation while driving privileges suspended Class 6 Felony/Aggravated DUI — up to $150,000 in fines (plus surcharge); license revocation for three years; probation for up to five years. Id. § 28-1381(A)(1); Id. §§ 28-1383 (J)-(K).

Sobriety Checkpoints

Arizona’s interpretation of the federal Constitution allows law enforcement officials to conduct sobriety checkpoints.

  • Roadblocks screening for drunk drivers are condoned in light of immense public concern regarding drunk driving, so long as there is minimal intrusion into drivers’ liberty. State v. Superior Court, 143 Ariz. 45, 691 P.2d 1073)(1984).

Case Law

Wozniak v. Galati, 30 P.3d 131 (2001) – Found that a metabolite present in defendants system could reasonably allow a jury to conclude that defendant was driving while under the influence of drug or its metabolite.

State v. Gaffney, 8 P.3d 376 (2000) – Implied consent statutory warnings were unnecessary when defendant gave express consent to a test of blood, breath, or urine.

State v. Hammonds, 192 Ariz. 528 (App. Div.1 1998) — Statute proscribing driving with a drug metabolite in one’s body is rationally related to legitimate state purpose and does not violate equal protection clause. Even though scientific evidence showed conclusively that the mere presence of a metabolite does not necessarily represent impairment, contrary expert testimony successfully showed that the presence of inert metabolites does not rule out impairment.

State v. Love, 897 P.2d 626, 629 (1995) — Factors to be considered when determining whether defendant “operated” motor vehicle: whether the vehicle was running or the ignition was on; where the key was located; where and in what position the driver was found in the vehicle; whether the person was awake or asleep; if the vehicle’s headlights were on; where the vehicle was stopped (in the road or legally parked); whether the driver had voluntarily pulled off the road; time of day and weather conditions; if the heater or air conditioner was on; whether the windows were up or down; and any explanation of the circumstances advanced by the defense.

Per Se Drugged Driving Laws

Arizona has a zero tolerance per se drugged driving law enacted for cannabis, cannabis metabolites, and other controlled substances. (Arizona Revised Statutes, Section 28-1381)

Arizona’s law calls for mandatory imprisonment of 24 hours and not more than six months upon conviction for a first offense.

Arizona Medical Marijuana Law

Status

Operational

Law Signed:

2011

QUALIFYING CONDITIONS

  • Alzheimer’s Disease
  • Amyotrophic Lateral Sclerosis (Lou Gehrig’s disease)
  • Cachexia or wasting syndrome
  • Cancer
  • Chronic pain
  • Crohn’s Disease
  • Glaucoma
  • Hepatitis C
  • HIV or AIDS
  • Nausea
  • Persistent Muscle Spasms
  • PTSD
  • Seizures

PATIENT POSSESSION LIMITS

Two and one-half ounces of usable marijuana

HOME CULTIVATION

Yes, if residence is further than 25 miles from a state-licensed dispensary facility. No more than twelve marijuana plants in an “enclosed, locked facility.”

STATE-LICENSED DISPENSARIES ALLOWED

Yes, state-licensed nonprofit dispensaries may produce and dispense marijuana to authorized patients on a not-for-profit basis.

STATE-LICENSED DISPENSARIES OPERATIONAL

Yes

CAREGIVERS

Yes

ESTIMATED NUMBER OF REGISTERED PATIENTS

RECIPROCITY

Yes, the act provides a limited reciprocity to ‘visiting qualifying patients’. In order to qualify, the patient: (1) must not be a resident of Arizona (or has resided in Arizona for less than 30 days), (2) must have been diagnosed with a medical condition recognized under the Act, and (3) must possess a medical marijuana registration card or its equivalent that was issued pursuant to the laws of another state. The out-of-state registration card has the same force and effect as a card issued in Arizona except that the visiting qualifying patient may not purchase medical marijuana in Arizona.