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 Web Search
• Arizona REV. STAT. § 13-3405 Web Search
• Arizona REV. STAT. § 13-702 Web Search
• Arizona REV. STAT. § 13-801 Web Search
• Arizona REV. STAT. § 13-821 Web Search

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 Web Search
• Arizona REV. STAT. § 13-702 Web Search
• Arizona REV. STAT. § 13-801 Web Search
• Arizona REV. STAT § 13-821 Web Search

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 Web Search
• Arizona REV. STAT. § 13-702 Web Search
• Arizona REV. STAT. § 13-801 Web Search
• Arizona REV. STAT § 13-821 Web Search

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 Web Search
• Arizona REV. STAT. § 13-702 Web Search
• Arizona REV. STAT. § 13-801 Web Search
• Arizona REV. STAT § 13-821 Web Search

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) Web Search
• Arizona REV. STAT. § 13-3401(4)(a)-(b) Web Search

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 Web Search
• Arizona REV. STAT. § 13-702 Web Search
• Arizona REV. STAT. § 13-801 Web Search
• Arizona REV. STAT § 13-821 Web Search

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 Web Search
• Arizona REV. STAT. § 13-702 Web Search
• Arizona REV. STAT. § 13-801 Web Search
• Arizona REV. STAT § 13-821 Web Search

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 Web Search
• Arizona REV. STAT. § 13-3410 Web Search
• Arizona REV. STAT. § 13-3411 Web Search
• Arizona REV. STAT. § 13-703 Web Search

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 Web Search

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 Web Search
• Arizona REV. STAT. § 13-821 Web Search

 

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 is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

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.

 

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 Arizona Marijuana Arrests

 

Arizona	2008	2009	2010	2011	2012	ARC
Possession	18,942	20,578	18,465	16,617	15,188	-5.4%
Sales	1,425	1,610	1,731	1,786	1,538	1.9%
Total	20,367	22,188	20,196	18,403	16,726	-4.8%