Penalties For Marijuana Crimes In Arizona

Overview

Arizona has significantly reformed its marijuana laws in recent years, but criminal charges still apply in many cases—especially when activity falls outside of legal protections like those provided by Proposition 207 (recreational use) or the Arizona Medical Marijuana Act (AMMA). If you’re facing a marijuana-related charge, understanding the classification and potential penalties can help you prepare and protect your future.

At R&R Law Group, we’re committed to helping you make sense of your situation and build a strong defense.

When Is Marijuana Possession Still a Crime?

Although recreational marijuana is legal in Arizona for adults 21 and over, marijuana in any form for example wax, oil or edibles in possession becomes a crime when it involves:

• More than one ounce of marijuana (or 5 grams of concentrate)
  
• More than six plants per person (or 12 per household)
  
• Possession with intent to sell
  
• Transport or importation
• Production outside of AMMA permissions

These offenses fall under A.R.S. § 13-3405, which classifies conduct involving marijuana into four major categories:

1. Possession or Use
   
2. Possession for Sale
   
3. Production (Cultivation)
4. Transportation or Importation

Marijuana Felony Classifications Based on Amount

The severity of marijuana-related charges is largely determined by the amount involved and the type of activity.

1. Possession for Personal Use

• Under 2 lbs: Class 6 felony
  
• 2–4 lbs: Class 5 felony
  
• Over 4 lbs: Class 4 felony

Possession for personal use under 1 ounce is legal, but anything exceeding 2.5 ounces or involving minors or school zones can trigger enhanced penalties.

2. Possession for Sale

• Under 2 lbs: Class 4 felony
  
• 2–4 lbs: Class 3 felony
  
• Over 4 lbs: Class 2 felony

Evidence of sale (packaging, scales, large quantities) can escalate a simple possession charge to a more serious offense.

3. Production (Cultivation)

• Under 2 lbs: Class 5 felony
  
• 2–4 lbs: Class 4 felony
  
• Over 4 lbs: Class 3 felony

You must be authorized to cultivate marijuana legally; otherwise, charges apply even for home grows that exceed legal limits.

4. Transportation or Importation for Sale

• Under 2 lbs: Class 3 felony
  
• 2 lbs or more: Class 2 felony

Bringing marijuana into the state or moving it across large distances can result in some of the most serious charges under Arizona law.

Mandatory Penalties for Higher Quantities

Arizona law imposes stricter penalties when marijuana amounts exceed certain thresholds:

Substance	Threshold Amount
Marijuana	2 pounds
Methamphetamine	9 grams
Cocaine	9 grams
LSD	0.5 ml
PCP	4 grams

 

Exceeding the threshold often results in:

• Ineligibility for probation
  
• Mandatory prison sentencing
• No sentence suspension allowed

In other words, if you’re convicted of transporting, selling, or producing large amounts, the judge is required to sentence you to prison.

Fines, Probation & Community Service

Arizona also imposes mandatory financial and probationary penalties, including:

• A minimum fine of $750, or three times the value of the seized marijuana—whichever is greater.
  
• Drug testing requirements as a condition of probation.
  
• Substance abuse screening or counseling
• Community restitution (service) obligations based on the offense type.

Examples:

• Possession for sale, production, or transportation under 2 lbs
  → 240 hours of community restitution
  
• Personal use only
  → 24 hours of community restitution
  
• Misdemeanor-level charge
  → 8-hour drug education class (no restitution required)

Prior Felonies Can Enhance Sentencing

If you have prior felony convictions, the court may enhance your sentence under Arizona’s sentencing guidelines. It’s critical to evaluate how your past record might affect your current charges.

What To Do If You’ve Been Charged

Although personal use is now legal within limits, many marijuana-related actions still carry felony-level penalties, especially when intent to sell, large quantities, or unauthorized production are involved.

If you’ve been arrested or charged with a marijuana offense—whether it’s for personal use, transportation, cultivation, or sales—you have legal options. Our attorneys at R&R Law Group can help you:

• Understand the classification of your charge
  
• Evaluate eligibility for reduced sentencing or diversion
  
• Explore possible defenses under Proposition 207 or AMMA
  
• Develop a custom legal strategy for your situation