Marijuana laws are confusing and constantly changing throughout the U.S. Arizona is one of several states that recently changed its marijuana laws. It legalized the cultivation, purchase, possession and use of recreational marijuana in November 2020. Here is an updated explanation of all of Arizona’s current marijuana cultivation and distribution laws. If you are facing any criminal charges connected to marijuana in Arizona, contact a criminal defense attorney right away.
Growing Up to Six Marijuana Plants Per Household Is Legal
With the recent passing of Proposition 207, Arizona has officially decriminalized the cultivation of marijuana for personal and recreational use (within limits). As of November 30, 2020, it is legal in Arizona for anyone who is 21 and older to grow up to 6 marijuana plants and 2 pounds of marijuana per household, as long as it is for noncommercial purposes and in a private residence. The limit increases to 12 plants if the household has 2 or more adults.
It is extremely important not to grow more than the legal number of marijuana plants in Arizona. Being found with more than six plants is a felony crime, punishable with nine months to seven years in jail and a fine of up to $150,000. It is also within the law to possess or purchase up to 1 ounce of marijuana or 5 grams of concentrate, as well as marijuana paraphernalia. However, manufacturing, selling and trafficking hash or concentrates remain felony crimes.
The Transfer of Up to One Ounce of Marijuana Is Legal
If you are 21 or older, it is within your rights in Arizona to transfer up to 1 ounce of marijuana (or 5 grams of concentrate) to someone else for recreational use without penalty, as long as you do not receive payment or remuneration for the transfer and do not advertise the transfer to the public. You cannot sell any amount of marijuana commercially, however, unless you are an approved and licensed vendor.
It is critical not to sell, or possess for sale, any amount of marijuana in Arizona as an unlicensed vendor. Attempting to sell marijuana is a felony that is punishable with a minimum of 1.5 and a maximum of 3 years in jail. The penalties increase if you are found to be in the possession of more than two pounds of marijuana with intent to sell (e.g., with sales paraphernalia, such as a scale and baggies).
Marijuana Trafficking Is Always Illegal
Marijuana trafficking, or bringing marijuana in or out of Arizona across state lines, is always against the law. You will face a felony charge for attempting to traffic any amount of cannabis or cannabis plants in Arizona. If the amount brought into Arizona is less than 2 pounds, it is a class 3 felony, punishable with 2 to 7 years in jail and a minimum fine of $1,000. Bringing 2 pounds of marijuana or more into Arizona is a class 2 felony, punishable with up to 10 years in prison.
When to Contact a Marijuana Crimes Lawyer in Arizona
Note that while marijuana cultivation and distribution for recreational purposes is now legal in Arizona, it remains against federal law. This means it is always a possibility to get in trouble for cultivating, distributing, possessing or using marijuana in Arizona. That being said, federal officials are typically only interested in seeking out large-scale marijuana manufacturers and distributors.
If you need assistance understanding or navigating Arizona’s latest marijuana laws – or if you’ve been arrested and are facing marijuana charges – it is important to speak to an attorney right away. An attorney can protect your rights as a defendant during any marijuana-related case. For more information about the laws in Arizona surrounding marijuana cultivation and distribution, consult with a criminal defense attorney at The Law Offices of John Phebus today.