marijuana laws in arizona

6 min read

Arizona Marijuana Laws 

September 23, 2022

The first thing that comes to mind when referring to marijuana laws, state by state, is the regulatory body that works and releases such rules. So, we want to start with ADHS (Arizona Department of Health Services), which is an agency granting marijuana business licenses and issuing statutory marijuana laws in Arizona. 

What Are Recreational Marijuana Laws in Arizona?  

Adult Use of Marijuana

Adults 21 years of age and older in Arizona are allowed to consume one ounce or less of marijuana and five grams – in the form of marijuana concentrate.

Possession of Marijuana

An adult aged 21 years and older may possess up to one ounce of cannabis for recreational use and five grams of it being a concentrate.

Public Use

Marijuana users in Arizona may only use cannabis in their homes. Public use of marijuana is not allowed, though it is classified as a petty offense. 

Buying and selling

Only licensed marijuana establishments may sell marijuana to adults aged 21 years and older for recreational use.

Cultivation

Adults 21 years of age and older may cultivate cannabis plants per an individual’s private residence and twelve plants at a residence where two or more adults live. Cultivation may only be conducted in a closet, room, greenhouse, or other enclosed areas equipped with a lock or other security device.  

Driving

It’s strictly prohibited in Arizona to drive, operate, or fly an aircraft under the influence of THC (a psychoactive ingredient of cannabis). 

Employment

Arizona marijuana laws don’t limit  employers’ rights to prohibit marijuana use during working hours. 

What Are the Penalties for Violation of Arizona Marijuana Laws?

Possession

Possession of cannabis for the personal use of more than one ounce but less than 2.5 ounces is a petty offense that is punished by up to a $300 fine.

Possession for the personal use of less than 2 pounds of marijuana is a Class 6 felony, with a sentence from 6 months to 1.5 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 the personal use of 2-4 pounds of marijuana is a Class 5 felony, with a sentence from 9 months to 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 the personal use of more than 4 pounds of marijuana is a Class 4 felony, with a sentence from 1.5 years up to 3 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.

Sale 

The sale, or possessing for sale, of less than 2 pounds of marijuana is a Class 4 felony, with a sentence from 1.5 years up to 3 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, with a sentence from 2.5 years up to 7 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, with a sentence from 4 up to 10 years and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. 

Manufacture/Cultivation

Cultivation of more than 6 plants and/or up to 2 pounds of marijuana is a Class 5 felony, with a sentence from 9 months up to 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 240 hours of community service. 

Cultivation of between 2-4 pounds of marijuana is a Class 4 felony, with a sentence from 1.5 up to 3 years and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

Cultivation of more than 4 pounds of marijuana is a Class 3 felony, with a sentence from 5 up to 7 years and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

Trafficking

According to marijuana laws in Arizona, bringing less than 2 pounds of marijuana into Arizona is a Class 3 felony, with a sentence from 2 up to 7 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 Arizona is a Class 2 felony, with a sentence from 4 up to 10 years and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

What Are Arizona Marijuana Laws for Medical Use? 

Qualifying Conditions 

Patients with the following qualifying conditions may use medical marijuana: 

  • 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

The type of ID cards that qualifying patients receive depend on their age. 

Possession 

A qualified patient may only possess the allowable amount of marijuana which is no more than two and one-half ounces of usable marijuana per 14-day period. 

Cultivation 

Cultivation is allowed if the residence is further than 25 miles from a state-licensed dispensary and may produce no more than twelve marijuana plants in an enclosed, locked facility.

Qualifying patients or caregivers may purchase medical marijuana from a nonprofit medical marijuana dispensary. A licensed nonprofit medical marijuana dispensary can only sell medical marijuana.

A qualifying patient may apply to the department for a registry identification card by submitting an application.

Tracking and Reporting Requirements in Arizona

Dispensaries and retail stores must comply with marijuana laws according to the  tracking and tracing system of all their cannabis products. They must keep records of all from seed to sale procedures in the system. Arizona has no contracted partner with a state mandatory tracking system such as Leef, Biotrack, or Metrc. However, ADHS requires a corresponding inventory control system to keep records and patient information for medical marijuana. 

Marketing and labeling Standards

All marijuana establishments in Arizona must follow the following packing and labeling rules:

A packing container must be child-resistant and labeled with the information on the content and health warnings;

Labels must include:

  • Dispensary registration number.
  • Strain type.
  • Batch name.
  • The THC amount.
  • Weight of marijuana or marijuana product. 

Pursuant to marijuana laws in Arizona cannabis products may not be packaged or labeled falsely or misleadingly. Dispensaries may not sell products resembling the form of a human, animal, fruit, toy, or cartoon. 

Dispensaries may not advertise cannabis products resembling or imitating food or drink brands marketed to children. 

All cannabis establishments, including non-profit medical dispensaries, may be involved in marketing, considering the rule that prohibits appealing to or targeting anyone under the age of 21. 

Find more detailed information on Arizona Cannabis laws here.

Conclusion 

For your reminder the above information can not be characterized as legal advice but more as instructional. Ensure compliance with the law to run safe and legal cannabis businesses in Arizona. 

Presenting the set of rules that canna-business requires in the states, serves the goal to educate those striving to enter into the industry. We hope we managed it in the best way for you!