Equal Medicine
(888)491-7774

Arizona Marijuana Law, Regulation, Penalties, Attornies & Congressman

 

Arizona Marijuana Penalties

 
Offense Penalty Incarceration   Max. Fine  

Possession

Less than 2 lbs Felony 4 months – 2 years $ 150,000
2 – less than 4 lbs Felony 6 months – 2.5 years $ 150,000
4 lbs or more Felony 1 – 3.75 years $ 150,000

Sale

Less than 2 lbs Felony 1 – 3.75 years $ 150,000
2 – 4 lbs Felony 2 – 8.75 years $ 150,000
More than 4 lbs Felony 3 – 12.5 years $ 150,000

Manufacture/Cultivation

Less than 2 lbs Felony 6 months – 2.5 years $ 150,000
2 – 4 lbs Felony 1 – 3.75 years $ 150,000
More than 4 lbs Felony 2 – 8.75 years $ 150,000

Trafficking

Less than 2 lbs Felony 2 – 8.75 years $ 150,000
2 lbs or more Felony 3 – 12.5 years $ 150,000

Hash & Concentrates

Possession or Use Felony 1 – 3.75 years $ 150,000
Manufacture, Sale, or Trafficking Felony 3 – 12.5 years $ 150,000

Paraphernalia

Possession or advertising of paraphernalia Felony 4 months – 2 years $ 150,000

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.

Penalty Details

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.

 

Arizona Verified Marijuana Attorneys 

Joseph Raymond Skrha

907-398-1800

Joseph Raymond Skrha

Law Office Of Joe Ray Skrha
110 North Willow St. Suite 137

Kenal, AK99611

Phone: 907-398-1800

Arizona Scorecard

 Arizona Congress

Senate Bills

Daines/Merkley Veterans Equal Access Amendment

Permits physicians affiliated with the US Department of Veterans Affairs (VA) to recommend cannabis therapy to veterans in states that allow for its therapeutic use.

Mikulski Amendment Protecting State Medical Marijuana Laws

Limits the Justice Department’s ability to take criminal action against state-licensed operations that are acting in full compliance with the medical marijuana laws of their states.

Merkley Marijuana Banking Amendment

Prohibits the US Treasury Department from using federal funds to take punitive actions against banks that provide financial services to marijuana-related businesses that are operating legally under state laws. ‘N/A’ means that the Senator did not have the opportunity to vote on this amendment.

Senators

Jeff Flake (R)

ARIZONA

 

Grade: C
 
 

Comments

Flake adopted the Republican Liberty Caucus Position Statement: BE IT RESOLVED that the Republican Liberty Caucus endorses the following [among its] principles: While recognizing the harm that drug abuse causes society, we also recognize that government drug policy has been ineffective and has led to frightening abuses of the Bill of Rights which could affect the personal freedom of any American. We, therefore, support alternatives to the War on Drugs. Per the tenth amendment to the US Constitution, matters such as drugs should be handled at the state or personal level. All laws which give license to violate the Bill of Rights should be repealed.

John McCain (R)

ARIZONA

 

Grade: C

Comments

Q: How do you reconcile the tolerance for alcohol with the intolerance for marijuana? A: I can’t support the legalization of marijuana. Scientific evidence indicates that the moment that it enters your body, one, it does damage, and second, it can become addictive. It is a gateway drug. There is a problem in American with alcohol abuse, and there’s no doubt about that. We have to do whatever we can to – prevention, education, and that applies to drugs too. Source: Republican Debate at Dartmouth College , Oct 29, 1999 9/6/2013: “Maybe we should legalize. We’re certainly moving that way as far as marijuana is concerned. I respect the will of the people.” 2007: (Link)

 
 

House Bills

Veterans Equal Access Amendment

Permits physicians affiliated with the US Department of Veterans Affairs (VA) to recommend cannabis therapy to veterans in states that allow for its therapeutic use.

McClintock/Polis Amendment

Seeks to halt Justice Department interference among individuals and businesses engaged in state-compliant transactions particular to both the medical or recreational use of cannabis.

Rohrabacher/Farr Amendment

Prohibits the Department of Justice from interfering with state medical marijuana programs and the patients who rely on them.

House of Representatives

Ruben Gallego (D)

ARIZONA

 

Grade: A
 
 

Cosponsor

H.R. 1013 Regulate Marijuana like Alcohol Act

Comments

As an Arizona State Representative, Gallego introduced a bill to legalize and regulate marijuana in a similar fashion to alcohol.

 

Raul Grijalva (D)

ARIZONA

 

Grade: B+
 
 

Cosponsor

*H.R. 525 Industrial Hemp Farming Act of 2015
H.R. 1635 Charlotte’s Web Medical Access Act of 2015
H.R. 2076 Marijuana Businesses Access To Banking Act of 2015
H.R. 1538 CARERS Act of 2015
H.R. 667 Veterans Equal Access Act

Comments

On Feb. 12, 18 House reps sent a letter to Pres Obama requesting he “instruct Attorney General Holder to delist or classify marijuana in a more appropriate way.” The signees include 17 Dems and one Republican.

 

Ann Kirkpatrick (D)

ARIZONA

 

Grade: B
 
 

Comments

“I think it’s critical that Arizona voters have the right to decide for themselves about marijuana legalization, just as they did when they passed Prop. 203 in 2010, which legalized medical marijuana in our state,” Kirkpatrick says. But she adds a caveat: “As a former prosecutor, I have seen firsthand the need for tough policies to ensure marijuana stays out of the hands of children and that we crack down on use while driving.”

 

David Schweikert (R)

ARIZONA

 

Grade: B
 
 

No sponsorships or comments

 

Kyrsten Sinema (D)

ARIZONA

 

Grade: B

Cosponsor

*H.R. 2076: Marijuana Businesses Access to Banking Act of 2015

Martha McSally (R)

ARIZONA

 

Grade: C
 

No sponsorships or comments

Matt Salmon (R)

ARIZONA

 

Grade: D

Comments

“I am against this initiative legalizing marijuana in Arizona,” said Congressman Matt Salmon. “At a time when Government should be shrinking and we should be having less government in our lives, the last thing I want to see is one more initiative that creates other levels of government.”

 Brent Franks (R)

ARIZONA

 

Grade: F
 
 

Comments

“However, the current debate to legalize marijuana is not based on medical need. Rather, it is nothing more than a ruse being used by a clandestine few, who prey upon those groups who believe the debate centers only upon marijuana as a potential medicine in order to create language that will ultimately become leverage to legalize hard drugs across the board, and wreak complete havoc on our society. I believe, just as the legalization of opium adversely impacted American society during the late 19th century, the legalization of marijuana and other illegal drugs would cause devastation to America’s family and bring about serious danger within our nation’s mechanized workforce. Legalizing marijuana would be a means of creating backdoor legislation for the legalization of many other very dangerous drugs. The compassionate answer to this debate is to grant greater access to the legitimate pharmaceutical drugs that have been proven effective in providing the relief and treatment essential to America’s medical patients.” 8/26/2004 (Link)
“Rep. Trent Franks, R-Ariz., doesn’t anticipate Congress will legalize any forms of marijuana, including medical. He said “the so-called medical forces” are trying to fully legalize the drug. He compared marijuana to opium, saying the legalization would destroy families. “Colorado is an example to the country, I believe, and if we look closely, we’ll probably be reticent about trying to stone the whole country,” Franks said. “I don’t think that the United States Congress is going to legalize recreational marijuana, notwithstanding the fact that sometimes it may appear that we’re all stoned on it.” 4/21/2015 (Link)

Paul Gosar (R)

ARIZONA

 

Grade: F

Comments

“As a health care professional, I oppose Proposition 205 and the legalization of recreational marijuana as it would cause major public safety risks, endanger Arizona kids, and protect a commercial industry that profits from expanded drug use. This is a bad deal for our roads, our kids, and our economy,” said U.S. Representative Paul Gosar. “Why would we allow Arizona to be Big Marijuana’s next victim when we can point to the catastrophic impacts of legalized recreational marijuana in neighboring states? Colorado and other marijuana-friendly states have seen increased pot-related hospitalizations, youth usage, accidental ingestion, and marijuana-related DUIs. We can not let Big Marijuana make millions at Arizona’s expense. I urge Arizonans to get the facts on legalized recreational marijuana and ask Arizonans to vote ‘no’ in November.” (9/14/2016) “Regardless of your feelings on States’ Rights, medical marijuana or recreational marijuana, people should not be able to get high using hard-earned taxpayer money. The sole purpose of this bill is to prohibit marijuana from being purchased with federal welfare benefits. Taxpayers expect and deserve a lean, efficient government

Leave a Reply

Your email address will not be published. Required fields are marked *