Arizona Marijuana Possession Laws | ArizonaStateCannabis.org (2024)

Is Possession of Marijuana Legal in Arizona?

The possession of marijuana is legal in Arizona, though strictly regulated, following the enactment of the Smart and Safe Arizona Act, also known as Proposition 207. The Act comes ten years after the Arizona Medical Marijuana Act, aka Proposition 203, legalized the use of marijuana for medical purposes.

The Smart and Safe Arizona Act approves the cultivation and possession of stipulated amounts of recreational marijuana by individuals 21 years or older. Arizona laws restrict the amount of adult-use marijuana to one ounce (28.35 grams).

Marijuana concentrate can be no more than five grams of the permitted 28.35 grams. Registered medical marijuana patients are allowed to possess higher amounts of marijuana. It is lawful for them to possess two and one-half ounces of medical cannabis, of which not more than 12.5 grams (0.44 ounce) can be in the form of marijuana concentrate.

The Arizona Department of Health Services (ADHS) is the agency responsible for regulating the use, sales, and processing of marijuana per Proposition 207. The agency also regulates medical marijuana under the provisions of Proposition 203.

How Much Weed is a Felony in Arizona?

Individuals that intend to use marijuana must stick to the recommended amounts and guidelines for use or risk facing drug charges. These charges could be relatively minor violations that incur civil penalties. Or felonies that result in jail terms greater than one year.

Factors determining the gravity of offense and penalty are the amount of marijuana in possession, involving a minor, being convicted of a prior felony, or using marijuana in a school environment.

Marijuana felonies are grouped into classes. In decreasing order of severity, there is class 2 to class 6 felony. Generally, felonies attract serious penalties like jail terms of greater than one year and a fine of up to $150,000. Per ARS 13-3405, the following charges qualify as felonies:

  • Selling or possession with the intent to sell more than four pounds of marijuana is a class 2 felony.

  • Selling or possession with the intent to sell two to less than four pounds of marijuana is a class 3 felony.

  • Producing four pounds or more of marijuana is a class 3 felony.

  • Possession for the personal use of four pounds or more of marijuana is a class 4 felony.

  • Selling or possession with the intent to sell less than two pounds of marijuana is a class 4 felony.

  • Production of two to four pounds of marijuana is a class 4 felony.

  • Possession for the personal use of two to less than four pounds of marijuana is a class 5 felony.

  • Producing more than six plants and up to two pounds of marijuana is a class 5 felony.

  • Possession for the personal use of less than two pounds of marijuana is a class 6 felony.

What Are the Penalties for 1st Time Offense of Possession of Weed in Arizona?

Arizona courts do not typically sentence first-time offenders possessing less than two pounds of marijuana. Rather, they are placed on probation. Drug education or counseling is also mandatory for first-time convictions for marijuana possession. On the other hand, persons indicted for possessing more than two pounds of marijuana will face jail time and fines.

Where to Buy Legal Weed in Arizona

Individuals in Arizona can purchase adult-use marijuana from marijuana establishments. This requires a valid means of identification to certify that the buyer is 21 years or older.

The ADHS has the prerogative to license marijuana establishments. The agency also maintains a directory of approved marijuana establishments in the state. The directory has the names, telephone numbers, locations, and website addresses of approved marijuana establishments.

Qualified patients can also purchase medical marijuana from non-profit medical marijuana dispensaries. While state laws limit possession of recreational marijuana to one ounce, medical marijuana patients can buy up to two and one-half ounces of marijuana every 14 days.

How Old Do You Have to Be to Buy Weed in Arizona

The law states that an individual has to be 21 years and older to purchase marijuana or marijuana-containing products in Arizona. However, there is no age limit for patients in the Arizona medical marijuana program. Patients or their caregivers can purchase legal amounts of medical marijuana regardless of their age.

How Much Weed Can You Carry in Arizona?

Proposition 207 allows adults 21 years or older to possess one ounce (28.35 grams), of which not more than five grams can be marijuana concentrate. Medical marijuana patients can possess two and-one half ounces of usable marijuana.

What Happens if You Get Caught With Weed Under 18 in Arizona?

Possession, consumption, transportation, or transfer of up to one ounce of marijuana or five grams of marijuana concentrate by an individual under the age of 21 years is illegal per ARS 36-2853.

  • The first violation attracts a civil penalty of not more than $100, paid to the Smart and Safe Arizona Fund. The court will also order the offender to complete four hours of compulsory drug education or counseling.

  • A second offense is punishable by a fine of up to $300 and eight hours of drug education or counseling.

  • The third or subsequent offense is a class 1 misdemeanor. The offender may pay up to $2,500 in fines and spend up to 6 months in jail. The court may also impose community service or probation.

  • Individuals under 21 years of age who misrepresent their age or use a false means of identification to purchase marijuana can be charged with a petty offense or a class 1 misdemeanor.

How Many Marijuana Plants Can You Have in Arizona?

Six or 12 plants. In Arizona, it is legal for individuals 21 years or older to grow six marijuana plants at their private primary residence. State laws, however, limit the number of plants in a household with more than one adult to 12.

  • Medical marijuana patients or caregivers can cultivate up to 12 plants in an enclosed, locked space. However, this restriction only applies if they reside more than 25 miles from a dispensary and the ADHS approves the home cultivation.

  • Home-cultivated marijuana is meant for personal use. As such, it is an offense to sell home-grown marijuana to another individual or exchange the product for service or value.

  • Arizona's law mandates that residents grow marijuana plants in an enclosed area, out of public view. The cultivation area must have a lock or other security measures to prevent minors from accessing the plants.

How Much Weed Can You Fly With from Arizona?

The federal government has oversight of interstate and international travel. As such, traveling with any amount of weed is illegal. This restriction even applies to traveling to states where weed is legal. Weed is a schedule 1 drug under the Controlled Substance Act.

The Transportation Security Administration (TSA) does not search travelers for marijuana particularly. But when agents find marijuana during their routine search, the agency shall inform the local authorities in that jurisdiction.

Nevertheless, patients with medical marijuana cards may travel with marijuana products containing no more than 0.3 percent THC on a dry weight basis.

Is It Illegal to Be High in Public in Arizona?

No, it is not illegal to be high or stoned in public. But it is illegal to smoke marijuana in public. Although Proposition 207 makes adult use legal, the Smoke-Free Arizona Act prohibits people from using marijuana in public spaces.

  • Nevertheless, it is lawful to smoke inside a private residence, provided it is not a federal government-subsidized house, because marijuana is illegal at the federal level.

  • Even in private residences, marijuana users cannot smoke in common areas or residences that function as care centers.

  • Smoking marijuana in public spaces like airports or open spaces like parks or places of employment is entirely prohibited. Any individual caught violating this law will be charged with a petty offense. This is subject to a fine of not more than $300. Each subsequent offense is a class 3 misdemeanor. This is subject to a fine of $500 and a possible 30-day jail term.

Smoking in public or open spaces is a less serious offense than driving under the influence (DUI) of marijuana. No individual, including registered medical marijuana patients, may drive when high. This is because marijuana impairs judgment and bodily function, as with other psychoactive drugs. As such, getting high on marijuana makes the vehicle operator a risk to themselves, their passengers, and other road users. The prohibition of driving under the influence of marijuana extends to all kinds of vehicles and machinery.

  • A first-time offense attracts a fine of $1250, a 10-days jail term, and drug education.

  • Subsequent offenses will be charged with a penalty of $3000, jail term of not less than 90 days, drug counseling, and revocation of license for 12 months.

Per the Smart and Safe Arizona Act, no officer may perform a vehicle search on the grounds of smell. The law only allows a vehicle search if there are other indications of impairment like driving slowly or swerving in and out of lanes or if the driver grants voluntary consent.

Arizona Marijuana Possession Laws | ArizonaStateCannabis.org (2024)

FAQs

Did the marijuana law pass in Arizona? ›

The claim was rejected by a unanimous Arizona Supreme Court. The Smart and Safe Act passed with 60% of the vote on November 3, 2020. Possession and cultivation of cannabis became legal on November 30, 2020, when the results of the election were certified.

Can you get fired for testing positive for marijuana in Arizona? ›

Conditional Arizona Drug Testing Laws

With recreational marijuana being legal in Arizona, employers cannot fire or refuse to hire an applicant based on a positive drug test alone.

What is the legal limit of marijuana Arizona? ›

Marijuana is legal for recreational and medical use in Arizona. Persons 21 and older may purchase marijuana. However, it is illegal to smoke marijuana in public. It is legal to possess up to one ounce or less of marijuana.

Is it legal to smoke marijuana in your backyard in Arizona? ›

Smoking marijuana in the comfort of your own home is not going to be an issue. Proposition 207 has made that act legal. However, you cannot use marijuana if you are in public. The laws specifically state that using marijuana in a public or open space is not allowed.

Do you still need a marijuana card in Arizona? ›

You no longer need a medical marijuana card to enter a licensed dispensary in Arizona. Under the Smart and Safe Act, cannabis sales are open to all adults ages 21 and over.

Is possession of marijuana a felony in Arizona? ›

Possession for personal use of 2.5 ounces to 2 pounds of marijuana is a felony, punishable by a minimum sentence of 6 months, a maximum sentence of 1.5 years, and a maximum fine of $150,000.

Do Arizona dispensaries share information with the government? ›

There is no federal Cannabis Control organization, and states do not share data between them. There is no mechanism or format for collection of customer information that could be readily exported and shared with any government or private entity.

What is the Smart and Safe Arizona Act? ›

The Smart and Safe Arizona Act (SSAA)—which is also known as Prop 207—made it legal for adults 21 and older to possess, cultivate, and use marijuana. The law also provides for the licensing of dispensaries that can legally sell marijuana to consumers.

Can a job not hire you if you have a medical card in AZ? ›

Can an Employer Refuse to Hire You Because of a Medical Marijuana Card? Under the terms of the Arizona Medical Marijuana Act, employers are prohibited from denying employment based on medical marijuana patient status in most cases.

Can you have a gun and marijuana card in Arizona? ›

Arizona does not prohibit the sale of guns to registered medical marijuana card holders. Under Arizona law, “persons lawfully in possession or control of controlled substances” can possess a gun. For a quick summary on state gun rights of medical marijuana cardholders, click here.

How many gummies can I buy in Arizona? ›

Arizona's recreational consumers can legally purchase up to 28 grams of cannabis per dispensary transaction. Of that 28 grams, 5 grams can be concentrates like edibles, vape cartridges, or extracts. Arizona's recreational cannabis edibles are limited to 10 milligrams of THC per serving (or 100 mg per package).

How many edibles can you buy a day in Arizona? ›

Recreational edibles are limited to 10 mg of tetrahydrocannabinol (THC) per serving and/or 100 mg per package. Possessing more than one ounce but less than 2.5 ounces would be a petty offense. Minors caught with less than one ounce would receive up to a $100 fine and four hours of drug counseling for a first offense.

Is Arizona a 420 friendly state? ›

The good news is that Arizona is 420-friendly. That means you can purchase marijuana at dispensaries in Prescott, Phoenix, Tempe, and all over the state.

Can you smoke on the streets in Arizona? ›

Smoking is prohibited in all public places and places of employment within the state of Arizona, except the following: 1. Private residences, except when used as a licensed child care, adult day care, or health care facility.

What is the smoke Free Arizona Act? ›

The Smoke-Free Arizona Act became effective May 1, 2007. What is the Smoke-Free Arizona Act? secondhand smoke in most public places and places of employment. The Law prohibits smoking inside and within 20 feet of entrances, open windows, or ventilation systems of an establishment.

Why do dispensaries scan your license in Arizona? ›

ID Scanning Helps Avoid Fines

The penalties for selling cannabis to a minor even once are steep. For example, in Aurora, CO the first violation can net a $3,500 fine, the second offense could merit a 30 day license suspension, and a third offense within a year may result in the dispensary losing their license.

Is it hard to get a medical marijuana card in AZ? ›

Once you've completed that doctor's appointment and filled out your online application, getting an Arizona medical mmj card is a pretty quick process if you're approved. The ADHS says that they will issue a card once your qualifying application is received within ten working days.

How much is a med card in AZ? ›

You will need to provide a valid driver's license or Arizona state ID to prove you're a resident. The cost to register and receive a medical license in the state is $150 for the initial card and $150 for renewal every two years.

What is the law for drug possession in Arizona? ›

Arizona law is clear: you cannot knowingly possess or use illegal drugs. If you are discovered under the influence, or with drugs on or near you, it's likely you'll be charged with felony drug possession.

Is Delta 8 legal in Arizona? ›

Zoom in: In Arizona, there are no restrictions on how potent delta-8 products can be or whom they can be sold to, meaning they can be sold to minors. By contrast, people under age 21 can't legally purchase marijuana, and the state restricts potency for people who don't have medical marijuana cards.

What is the sentence for drug possession in Arizona? ›

You could be sentenced to a prison sentence or up to one year in jail, depending on a variety of factors, such as your prior criminal history and the seriousness of this offense. You could also be assessed a fine of not less than $2,000 or three times the value of the narcotics, whichever is greater.

Can you own a gun after your medical card expires in AZ? ›

The answer to this question is yes — you can legally own or purchase a gun if you have an expired medical marijuana card, in any state.

How many times can you visit a dispensary in Arizona? ›

How Many Dispensaries Can You Visit in One Day in Arizona? In Arizona, there is no limit on the number of dispensaries you can visit in one day, but there is a limit on the amount you can purchase in a time span of 14 days.

Why do dispensaries have so much security? ›

dispensaries are required by law to be equipped with both video surveillance cameras and on-site security guards. This helps to protect the staff and the customers and discourage thieves and robbers.

What is Rule 33 in Arizona? ›

(1) Time to Respond. Unless the parties agree or the court orders otherwise, the responding party must serve its answers and any objections within 30 days after being served with the interrogatories.

What is the Arizona Enabling Act? ›

The Arizona-New Mexico Enabling Act of 1910 (Act), passed on June 20, 1910, authorized the Territory of Arizona to become a state, and enter the Union on equal footing with the original states; the congressional land grant provided support for foundational public services.

What is Prop 207 in Arizona? ›

The statutory provision Prop 207 is found in Arizona Revised Statutes (A.R.S.) Title 36, Chapter 28.2. This voter initiative allows adults over the age of 21 to possess, purchase, transport, or process 1 ounce or less of marijuana or 5 grams or less of marijuana concentrate.

Can you bring your child into a dispensary Arizona? ›

For starters, no one under the age of 21 (or eighteen, at a dwindling number of medical-only dispensaries) is allowed inside of a dispensary's shopping area. Most pot shops keep the retail space behind a waiting room, with an employee or security guard checking IDs at the partition.

Can a job fire you for being sick with a doctor's note in Arizona? ›

Can you be fired for being sick with a doctor's note? Arizona is an at-will employment state, meaning your employer may fire you for any reason that doesn't involve discrimination. So, according to this rule, your employer may fire you, even if you bring them a doctor's note.

What qualities in Arizona can get a medical card? ›

The Qualifying Conditions for a Medical Card in Arizona include:
  • Post-traumatic stress disorder (PTSD)
  • Cancer.
  • Glaucoma.
  • Human immunodeficiency virus (HIV)
  • Acquired immune deficiency syndrome (AIDS)
  • Hepatitis C.
  • Amyotrophic lateral sclerosis (ALS)
  • Crohn's disease.
Apr 16, 2023

Can a medical marijuana patient own a gun in Arizona? ›

You are regarded as a lawful user and won't be prevented from buying a gun — at least by the state — if you have a medical need for cannabis and are registered as a patient with the state. Federal law and Arizona law, however, are two quite distinct things.

Can you have a CCW and a medical marijuana card in Arizona? ›

If you have a medicinal need for cannabis and are registered as a patient with the state, you are considered a lawful user and will not be barred from purchasing a gun—at least by the state.

What disqualifies you from owning a gun in Arizona? ›

Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition.

How much is considered a lot for edibles? ›

The standard “dose” of an edible is 10 mg of THC. But if it's your first time, it's better to go with less than 5 mg. If you don't feel anything, don't up your dose for the first two hours. If you do choose to have more, increase your initial dose by 5 mg.

How much is 1 gummy edible? ›

For instance, a single gummy typically contains 10 milligrams (mg) of THC. In some cases, though, the manufacturer lists the THC or CBD content of the entire package or food item. To use the gummy example, a package might contain 100 mg of THC. If the package contains 10 gummies, that's 10 mg per gummy.

What is the highest edible gummies? ›

Top 5 THC Gummies To Buy In 2023
  • Exhale Wellness - Overall Best THC Gummies; Editor's Choice.
  • BudPop - Strongest THC Gummies In Different Flavors.
  • Hollyweed CBD - Highly Potent Delta 8 THC Gummies.
  • Cheef Botanicals - Premium Quality THC Edibles.
  • 3Chi - Affordable Vegan THC Gummies.
Feb 20, 2023

Can I go to a dispensary twice in one day Arizona? ›

No state limits how many dispensaries you can visit or even how many times you can enter the same dispensary in a single day. However, the daily purchasing limit for your state continues to apply.

How long can you be high from one edible? ›

Take your time: The high from marijuana edibles may take up to four hours to peak, and can last for up to 10 hours. You may feel fine for several hours after consuming a marijuana edible, then suddenly feel very high.

Can edibles make you high for more than a day? ›

The effects can last up to 12 hours after use and residual effects can last up to 24 hours, so you could be affected into the next day. This timing differs from smoking or vaping cannabis, where the effects start to be felt within a few seconds or minutes and peak at about 30 minutes.

Can I smoke in my backyard in Arizona? ›

Smoking marijuana in the comfort of your own home is not going to be an issue. Proposition 207 has made that act legal. However, you cannot use marijuana if you are in public. The laws specifically state that using marijuana in a public or open space is not allowed.

Can you smoke and drive in Arizona? ›

Since the use of marijuana is legal under state laws in Arizona, driving high is technically a crime under Arizona's zero-tolerance law. Getting arrested for marijuana DUI in Arizona carries heavy fines along with a one year suspension of the driving privileges.

Can I wear pants in Arizona? ›

In Tucson, it's illegal for women to wear pants, and for men to wear women's dresses. This one is a city-specific law that applies to people who do not dress in a manner 'of his or her gender.

Can I smoke on my balcony in Arizona? ›

Smoking is allowed outside and on outdoor patios, such as back porches or balconies, as long as tobacco smoke does not enter into the licensed private residence. For more information about how the Act affects your licensed facility, please contact us at 1-877-AZ STOPS (1-877-297-8677).

Can I smoke in my apartment in Arizona? ›

Private residences are one of the seven exemptions of the Smoke-Free Arizona Act, A.R.S. § 36-601.01 (“the Act”). Smoking is allowed in private residences, except when the residence is used as a licensed child care, adult day care, or health care facility.

Is it illegal to spit on the sidewalk in Arizona? ›

Spitting is rude, but only illegal in a few places, and Goodyear, Arizona is one of them. By local ordinance, it is illegal to spit on the sidewalks, streets, and highways of Goodyear. Spitting outside of Goodyear city hall can even lead to a misdemeanor charge, punishable by a $2,500 fine, six months in jail, or both.

Can you smoke anywhere in AZ? ›

Under the Smoke-Free Arizona law, smoking is prohibited in bars, restaurants, and all other enclosed public places. It is also illegal to smoke in your place of employment in Arizona.

Can you monitor smoking habits in Arizona? ›

Although 29 states and the District of Columbia offer legal protections to tobacco smokers, Arizona is not one of them.

What state is smoke-free? ›

The 28 states are: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kansas. Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Jersey, New Mexico. New York, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Utah, Vermont, Washington and Wisconsin.

When did Arizona pass medical marijuana? ›

Medical marijuana in Arizona

On November 2, 2010, Arizona voters enacted a medical marijuana initiative — Proposition 203 — with 50.13% of the vote. Arizona Department of Health Services (DHS) finalized dispensary and registry identification card regulations on March 28, 2011.

What is the Arizona medical marijuana Act? ›

A registered nonprofit medical marijuana dispensary may acquire usable marijuana or marijuana plants from a registered qualifying patient or a registered designated caregiver only if the registered qualifying patient or registered designated caregiver receives no compensation for the marijuana.

What is the recreational edible limit in Arizona? ›

Recreational edibles are limited to 10 mg of tetrahydrocannabinol (THC) per serving and/or 100 mg per package. Possessing more than one ounce but less than 2.5 ounces would be a petty offense. Minors caught with less than one ounce would receive up to a $100 fine and four hours of drug counseling for a first offense.

What are the marijuana laws in Arizona 2023? ›

People who are 21 or older can now legally possess up to 1 ounce of marijuana, 5 grams of concentrated marijuana, or 6 plants under ARS 36-2852.

Is marijuana a Schedule 1 drug in Arizona? ›

According to both the U.S. and Arizona Controlled Substances Act, marijuana is a Schedule I drug. There are five possible schedules that both prescription and illegal narcotics can be classified under.

Can you get fired for failing a drug test with a medical card in Arizona? ›

Can You Get Fired for Having a Medical Marijuana Card in Arizona? Most employers in Arizona are prohibited from discriminating against any employee who has a valid AZ medical marijuana card. That means you cannot be fired for your patient status, even if you fail a drug test.

Is there an advantage to having a medical marijuana card in Arizona? ›

There are a variety of advantages that a clinical card has. A card can have 2.5 ounces of marijuana every 2 weeks. This is the legal limit, which is greater than the 1.5 ounces every fortnight that is permitted to leisure individuals.

Can you go to more than one dispensary a day in Arizona? ›

In Arizona, there is no limit on the number of dispensaries you can visit in one day, but there is a limit on the amount you can purchase in a time span of 14 days.

What is considered a large amount of edibles? ›

An edible dosage for high tolerance users might be 500-1000mg. With such a large amount of THC the edible high may well last all day, with effects which may be felt the following day.

Are 1000mg edibles legal in California? ›

Adult-Use/Recreational Users

Adults 21+ can purchase to non-edible products with up to 1,000 mg of THC. The limit for THC in adult-use/recreational edible cannabis products is 100mg per product with up to 10mg per serving.

Do you need an ID to buy marijuana in Arizona? ›

You need to have an unexpired license or government-issued ID that shows you are 21 or older to get into a dispensary to purchase either recreational or medical marijuana products. A medical card however, will offer you the right to purchase more weed products at a time than recreational MMJ users.

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