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Arizona Marijuana Laws
Marijuana Charges |
Arizona marijuana possession laws are among the toughest in the nation, and come with very high penalties for even simple possession of marijuana. It is highly advised that anyone arrested on any marijuana charge immediately seek a marijuana attorney due to the stringency of these laws. Every year in Arizona, according to the department of justice, around 15,000 people are arrested for marijuana-related offenses. DEA estimates put marijuana production in Arizona at around 35,000 pounds a year with a street value ranging from $175 to $280 million dollars.
Medical Marijuana Users
In the state of Arizona, medical marijuana is not allowed, and therefore, possession of any amount will be treated as the applicable charges for criminal possession. There is, however, and initiative on the ballot for November of 2010 to legalize medical marijuana.
Non-Medical Users:
Arizona classifies all marijuana users as non-medical or recreational users. Arizona also has minimum mandatory sentencing in place for all marijuana users. Maricopa County in particular is notorious for having zero tolerance policies and a very tough prison system that even the minor violators can be subjected to. Moreover, while Arizona does have laws like most other states about marijuana near schools, the state possesses laws that call for harsher penalties if a person is caught near a school bus.
Penalties for Marijuana Use in Arizona:
| Possession of 2 pounds or less | Misdemeanor or Felony | Penalties include 6 months to 1.5 years of jail time and a fine ranging from $750 to $150,000 |
| Possession of 2 to 4 pounds | Misdemeanor or Felony | Penalties include 9 months to 2 years of jail time and fines ranging from $750-$150,00 |
| Possession of 4 pounds or more | Felony | Penalties include 1.5 to 3 years of jail time and fines ranging from $750-$150,00 |
| Possession near a school or bus | Felony | Penalties include an additional year of jail time and additional fine of up to $2,000 |
Penalties for Growing, Selling, and Trafficking Marijuana:
Cultivation:
| Less than 2 lbs | Misdemeanor or Felony | Penalties include 9 months to 2 years of jail time and fines ranging from $750-$150,00 |
| 2 lbs to 4 lbs | Felony | Penalties include 1.5 to 3 years of jail time and fines ranging from $750-$150,00 |
| More than 4 lbs | Felony | Penalties include 2.5 to 7 years of jail time and fines ranging from $750-$150,00 |
Sale:
| Less than 2 lbs | Felony | Penalties include 1.5 to 3 years of jail time and fines ranging from $750-$150,00 |
| 2 lbs to 4 lbs | Felony | Penalties include 2.5 to 7 years of jail time and fines ranging from $750-$150,00 |
| More than 4 lbs | Felony | Penalties include 4 to 10 years of jail time and fines ranging from $750-$150,00 |
Sale or Delivery for Sale:
| Less than 2 lbs | Felony | Penalties include 2.5 to 7 years of jail time and fines ranging from $750-$150,00 |
| 2 lbs or more | Felony | Penalties include 4 to 10 years of jail time and fines ranging from $750-$150,00 |
Paraphernalia Possession and Sale:
| Possession or sale of any paraphernalia | Misdemeanor or Felony | Penalties include 6 months to 1.5 years of jail time and fines ranging up to 150,00 |
Penalties for Driving Under the Influence of Marijuana (DUID)
Arizona is a zero tolerance per se state for operating a motor vehicle while under the influence of marijuana. That means that any driver with any level of marijuana in their system will be arrested. Arizona is also one of only states that disallows for any metabolites (by-products) in the system. The penalties for this carry mandatory sentencing, including imprisonment of 24 hours and not more than 6 months for a first-time offense. This is the toughest act in the nation, and is difficult because, under zero tolerance per se, any trace amount counts, and marijuana can stay in the system for days. This means that your ability to drive matters not.
Legal Help with a Marijuana Offense
If you have been charged with any marijuana-related offense in Arizona, you should immediately seek out a marijuana lawyer. As Arizona has very tough sentencing and employs mandatory sentences, the expertise of a lawyer working for you is imperative. An attorney can work to plea down your case, and can even, have the charge dismissed. In Arizona, if you do not have an attorney, you will be facing one of the toughest marijuana prosecution systems in the United States with the real possibility of not knowing all of your options and rights.