Possesion, Use, Production, Sale or Transportation of Marijuana in Arizona A.R.S.13-3405

What is Possession or Use of Marijuana in Arizona A.R.S. 13-3405?

With recent laws in various states including Arizona, have changed the possession of marijuana if you are to use it.  If an 21 year old individual who resides in Arizona is authorized to possess it, no crime is committed.  If an individual is authorized to possess marijuana in another state,and visiting Arizona, then Arizona will recognize that status and possession is lawful. An unauthorized person shall not knowingly:

  • #1: Possess or use marijuana.
  • #2:    Under the current law, it is lawful that an 21 year old adult may transfer up to 1 ounce of marijuana to another adult of 21 years or older as long as there is no remuneration and the transfer is not advertised or promoted to the public.
  • #3: Produce marijuana up to 6 plants for an individual and no more then 12 plants per household.

What is Production, Sale or Transportation of Marijuana in Arizona A.R.S. 13-3405?

  • #1: Possess marijuana for sale.
  • #2: Production of marijuana greater then 6 plants individually or greater than 12 plants per household is the production of marijuana.
  • #3: Transport for sale, import into this state or offer to transport for sale or import into this state, sell, or offer to sell or transfer marijuana.
  • #4: Transfer of more then one ounce of marijuana is unlawful pursuant to 13-3405.

What are the Penalties for Possession, Use, Production, Sale or Transportation of Marijuana in Arizona, A.R.S. 13-3405

Growing of the plants must takes place in a locked area so that minors do not have access to the plants.

Possession:

Voters in Arizona passed Prop 207, a statewide ballot initiative legalizing the possession, use, and commercial sale of marijuana for adults. The Act permits those age 21 or older to possess up to one ounce of cannabis and directs revenue from retail cannabis sales to fund various public education and safety programs. Adults may cultivate up to six plants for non-commercial purposes in a private residence. The law took effect on November 30, 2020.

Possession for personal use of more than one ounce, but less than 2.5 ounces of marijuana is a petty offense punishable by a maximum fine of $300.

Possession for personal use of less than 2 pounds of marijuana is a Class 6 felony, punishable by a minimum sentence of 6 months, a maximum sentence of 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 personal use of 2-4 pounds of marijuana is a Class 5 felony, punishable by a minimum sentence of 9 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 more than 4 pounds of marijuana is a Class 4 felony, punishable by a minimum sentence of 1.5 years, a maximum sentence of 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, punishable by a minimum sentence of 1.5 years, a maximum sentence of 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, punishable by a minimum sentence of 2.5 years, a maximum sentence of 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, punishable by a minimum sentence of 4 years, a maximum sentence of 10 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

Production:

An adult may transfer up to 6 plants to another adult as long as there is no remuneration and the transfer is not advertised or promoted to the public

Producing 6 plants and up to 2 pounds of marijuana is a Class 5 felony, punishable by a minimum sentence of 9 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 240 hours of community service.

Producing between 2-4 pounds of marijuana is a Class 4 felony, punishable by a minimum sentence of 1.5 years, a maximum sentence of 3 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 5 years, a maximum sentence of 7 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

Transportation:

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 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 AZ is a Class 2 felony, punishable by a minimum sentence of 4 years, a maximum sentence of 10 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

Defenses to Possession, Use, Production, Sale or Transportation of Marijuana in Arizona, A.R.S. 13-3405.

Potential defenses to either the possession, use, production, sale or transportation of marijuana in Arizona, may include:

  • Mistaken identity
  • alibi
  • no criminal intent
  • insufficient evidence
  • incorrect weight

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Contact Brian DiPietro Law PLLC today for a free case evaluation about your pending Drug Offense Case in Arizona. Brian DiPietro is an experienced, tough, aggressive criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular Drug Offense. Contact now Brian DiPietro Law PLLC at 623-242-2655 for a free confidential case evaluation about your Drug Offense charge in Arizona.

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