Penalties for Marijuana Possession in Arizona

The topic of marijuana is one that is highly debated amongst people from all walks of life. With the view of marijuana changing and so varied, penalties for being in possession of it can be hard to keep track of.

Where it used to be illegal across all fifty states, it now is hit or miss on which state allows it and which doesn’t.

One state where marijuana is still illegal is Arizona.

Arizona Laws

Even though it shares a border with California and Colorado with two of the most lenient states as far as marijuana possession goes, Arizona is one of the strictest states in the country.

In Arizona laws marijuana is called cannabis and is classified as a schedule 1 controlled substance. This includes any form that the plant comes in.

A big problem with the system is that the statute of limitations for possession of marijuana is seven years. This means that those arrested could go several years before actually being charged. This is longer than the statute for sexual assault charges which is two years.

Penalties

All marijuana convictions come with a possibility of a maximum fine of up to $150,000.

With these penalties, the state has assigned the heaviest penalties on even the smallest amounts of marijuana compared to the rest of the country. Arizona is the only state that has a minimum marijuana crime being classified as a felony.

Possession

Less than 2 lbs is a class 6 crime and a possibility of 6 months to 1 ½ years.

If you get caught with 2 – 4 lbs, it bumps up to a class 5. This carries a possible incarceration time of anywhere between 9 months and 2 years.

With 4 lbs or more you are looking at a minimum incarceration time of 1 ½ years as this is a class 4 felony.

Even getting caught with paraphernalia is a class 6 felony. This offense carries the same weight as the possession of less than 2lbs.

Manufacture or Cultivation

This offense starts out around the middle of the possession offenses with less than 2lbs carrying incarceration time of 6 months to 2 ½ years.

Anywhere from 2 – 4lbs comes with 1 to over 8 years and over 4lbs you are looking at anywhere between 2 to over 8 years.

Hash & Concentrates

For the possession and/or use of this form of the product, an offender could face from 1 year to over three years of incarceration time and the possibility of the maximum fine.

For the manufacturing or trafficking, there is the possibility of 3 years up to 12 ½ years of incarceration.

Sale

Getting caught with the intention to sell penalties start closer to the top of the possession penalties. Less than 2lbs has an incarceration time of 1 to over 3 years.

For 2 – 4lbs the offender is looking at 2 to over 8 years. Over 4lbs you are looking at anywhere from 3 to 12 ½ years.

Trafficking

Trafficking less that 2lbs comes with a minimum incarceration time of 2 years and a maximum of just over 8 years. Anything over 2lbs is 3 years to just over 12 years.

Driving while Stoned

If you are caught driving with any metabolite in your system and convicted, you are looking at a minimum of a class 1 misdemeanor.

Likelihood of Incarceration

In most cases, first time offenders don’t actually see any jail time. Most often their charge is taken down to a misdemeanor if not completely wiped off their record.

Often, those charged can complete a pre-trial diversion program that will clear their record of the crime.

Most offenders are only incarcerated once they have been arrested for possession 4 or 5 times.

Medical Marijuana

The only way to legally possess marijuana is if you are a patient with a medical marijuana card. A person with medical cannabis license is allowed to have 2 ½ ounces of cannabis in the state of Arizona.

These products include bud, concentrates, topicals, edibles, seeds, and others. There is a purchase limit of 70 grams every two weeks.

The only thing is that you can only consume your product in private. You can’t be in your car, in a park, or anywhere in public. Pretty much if the public can see you, don’t do it.

To qualify for medical marijuana in the state of Arizona you have to be 18, hold a valid government ID, be able to provide an Arizona living address, provide medical records, and have a debilitating condition.

For sellers, or purchasers, legal marijuana needs to be in a “closed” container and out of the reach of the driver. The best suggestion is to put it in a brown paper bag, staple it shut, and move it in the trunk. Also, Arizona cannabis cannot be taken out of the state.

Moving product across state lines turns it into a federal offense that involve the DEA.

Speaking of federal offenses, no matter your status, marijuana is still illegal on federal lands in the state. This includes courthouses, national parks and forests, and some of the actual ski runs.

In-state federal offenses can lead to a year in prison with a minimum fine of $1,000. This is just for first offenders and come with a mandatory 15 day sentence. For a second offense, this can be extended up to 2 years.

After a second offense, the punishment bumps up to anywhere between 90 days and 3 years, with a $5,000 fine.

When it comes to growing the product, patients have the option if they live more than 25 miles from a dispensary and can cultivate 12 plants. The space must be enclosed and locked and the patient still has to abide by the 2.5 ounce limit.

Caregivers, which h you have to be over the age of 21 to be, can grow for more than one patient, with a maximum of 60 plants for 5 patients.

If you are a medical license holder and are visiting Arizona from another state, you can still possess and use cannabis in the state.

Conclusion

With the use of marijuana, or cannabis as some states refer to it, becoming more and more legal it can be difficult to keep track of which states allow it and which do not.

Arizona is a state where the use of medical marijuana, or cannabis, is legal but has the some of the country’s strictest laws about using the drug recreationally.

While most states start offenses involving marijuana as misdemeanors, all crimes involving the drug are classified as felonies in Arizona. Incarceration times start at 4 months and fines begin at a minimum of $1,000.

One of the biggest problems those convicted face is actually the statute of limitations. The statute of limitations in the state of Arizona is a grueling 7 years. Those convicted could be officially charged at any point within this time frame.

The harsh restrictions of this state is actually quite ironic considering it shares a border with both California and Colorado. These two states are not only two of the most lenient states, they are also two of the first states to incorporate the use of legal marijuana.