Marijuana Offenses

Under A.R.S. § 13-3405, it is unlawful to possess, use, sell, transfer, or transport marijuana except as permitted under Arizona’s medical marijuana and recreational use laws. While Arizona voters legalized recreational marijuana use for adults 21 and older through Proposition 207, there remain significant restrictions and criminal exposure for amounts exceeding legal limits, possession by minors, and sale or distribution outside the regulated market.

Penalties

Penalties depend on the weight of marijuana involved and the nature of the offense:

• Possession of less than two pounds — Class 6 felony (may be reduced to a misdemeanor for first-time offenders)
• Possession of two to four pounds — Class 5 felony
• Possession for sale — Class 4 felony (less than two pounds) to Class 2 felony (four pounds or more)
• Production or manufacturing — Class 5 felony (less than two pounds) to Class 2 felony (four pounds or more)

Defenses

Defenses include challenging the legality of the search and seizure, arguing that possession fell within the legal recreational or medical limits, disputing the weight of the substance, and contesting the element of intent for sale charges.