Is Marijuana Legal in Arizona? (Prop 207)

Recreational Cannabis

Arizona Recreational Marijuana Laws

The passage of Proposition 207 in the 2020 election legalized adult recreational use of cannabis in Arizona. Get to know your rights regarding responsible use and home grow rules.

Call Civil Rights Restored today to speak with an experienced criminal defense attorney regarding recreational marijuana laws in Arizona.

Overview

Adult Recreational Cannabis Legalized in Arizona

Arizona Responsible Adult Use of Recreational Marijuana

Arizona voters passed Proposition 207 in the November 2020 election by about 60% of the vote. As a result, the state legislature codified the Smart and Safe Arizona Act (“The Act”), which allows for a person 21-years old and older to possess, consume, purchase, process and transport one ounce (28 grams) of cannabis as long as no more than five grams is in the form of marijuana concentrate.

Adults may share one ounce of cannabis as long as no more than five grams is in the form of marijuana concentrate with another adult at least 21-years old as long as there is no payment of any kind exchanged for the transfer and the person does not advertise or promote the product to the public.

Adults may grow six plants at their residence, with a maximum of 12 plants per residence as long as there are at least two adults 21-years old or older living there. The Act also allows for the possession, cultivation, and processing of the marijuana grown at the person’s residence on the premises.

Under the Smoke Free Arizona Act, people are still prohibited from smoking cannabis in public places or open spaces.

Knowledge is Power

Although recreational cannabis has been legalized, it comes as no surprise that there are complex laws governing its use in order to protect the health and safety of the public.

Most penalties for violations have been reduced to a petty offense, however some penalties remain felonies, which carry VERY severe consequences such as mandatory prison time. Thus, it is important to educate oneself with the The Act in order to remain compliant with the law.

You can read the new laws under the Arizona Revised Statutes, Title 36, Chapter 28.2 under the section entitled Responsible Adult Use of Marijuana.

Call Now to speak with an experienced criminal defense attorney at Civil Rights Restored if you are facing charges.

If you or a loved one are facing charges for a marijuana-related offense, contact us today for a free consultation. Time is a sensitive matter in a criminal proceeding, so do not delay.

Expungement is Available

Beginning in July 2021, people previously convicted of certain marijuana-related offenses can petition the court to have their conviction expunged.

Qualifying offenses include: 1) possessing up to two and one-half ounces of marijuana (of which not more than twelve grams is in the form of marijuana concentrate), 2) possessing more than six cannabis plants at their private residence, and 3) possessing marijuana paraphernalia.

Contact Civil Rights Restored today to speak with a marijuana offense criminal lawyer to begin the process of getting the conviction and criminal record off your history and get a fresh start.

Chart of Allowable Adult Use of Cannabis and Violations Under the Arizona Responsible Adult Use of Marijuana

This section provides general informational charts pertaining to allowable acts and penalties for violations under the Responsible Adult Use of Marijuana. This is not an all-inclusive list and does not include the Criminal Code (see below).

An abbreviated chart of “Allowable possession and personal use of marijuana, marijuana products and marijuana paraphernalia.” A.R.S. § 36-2852.

An abbreviated chart of the violations pertaining to adults over 21-years old under A.R.S. § 36-2853.

Provided are statutory violations. If you are facing charges, you should consult with a criminal defense attorney immediately so your attorney can negotiate with the State on your behalf.

An abbreviated chart of the violations pertaining to persons under 21-years old under A.R.S. § 36-2853.

Provided are statutory violations. If you are facing charges, you should consult with a criminal defense attorney immediately so your attorney can negotiate with the State on your behalf.

Marijuana Definitions Under the Act

Below are definitions pertaining to the language used in The Act. A.R.S. § 36-2850.

What is Marijuana?

Means all parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin. It also includes cannabis as defined in 13-3401.

It does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.

What is Marijuana Concentrate?

Means resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetrahydrocannabinol.

It does not include industrial hemp or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other products.

What Does it Mean to Consume Marijuana?

“Consume,” “consuming” and “consumption” mean the act of ingesting, inhaling or otherwise introducing marijuana into the human body.

What Does it Mean to “Smoke” Marijuana?

“Smoke” means to inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic.

What are Prohibited Places to Smoke Marijuana in Arizona?

Although recreational cannabis has been legalized, it is still prohibited to smoke in most public places and open spaces under the Smoke-Free Arizona Act. The Act allows for a person at least 21-years old to consume cannabis at their home, as long as it is not used as a care facility.

“Public place” means any enclosed area to which the public is invited or in which the public is permitted, including airports, banks, bars, common areas of apartment buildings, condominiums or other multifamily housing facilities, educational facilities, entertainment facilities or venues, health care facilities, hotel and motel common areas, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports facilities, theaters, and waiting rooms. A private residence is not a “public place” unless it is used as a child care, adult day care, or health care facility. A.R.S. § 36-601.1(A)(9).

“Open space” means a public park, public sidewalk, public walkway or public pedestrian thoroughfare.

A person is also prohibited from consuming marijuana or marijuana products while driving, operating or riding in the passenger seat or compartment of an operating motor vehicle, boat, vessel, aircraft or another vehicle used for transportation. A.R.S. § 36-2851(8)(b).

What Does it Mean to Cultivate Marijuana?

“Cultivate” and “cultivation” mean to propagate, breed, grow, prepare and package marijuana.

What Does It Mean to Process Marijuana?

“Process” and “processing” mean to harvest, dry, cure, trim or separate parts of the marijuana plant.

What is Does It Mean to “Advertise?”

“Advertise,” “advertisement” and “advertising” mean any public communication in any medium that offers or solicits a commercial transaction involving the sale, purchase or delivery of marijuana or marijuana products.

What is a Drug Free School Zone?

“Drug free school zone” means the area within three hundred feet of a school or its accompanying grounds, any public property within one thousand feet of a school or its accompanying grounds, a school bus stop or on any school bus or bus contracted to transport pupils to any school. A.R.S. § 13-3411(I)(1).

Recreational Marijuana in Arizona FAQ’s

Can I Grow Marijuana at Home in Arizona?

Yes. Adults at least 21-years old may grow up to six plants at their private residence. The maximum allowable number of plants per private residence is 12 plants, as long as there are at least two adults 21-years old or older living there.

In order to cultivate marijuana at home, the growing must take place in a locked enclosed area on the premises in order to prevent access to the plants by minors.

The plants must not be visible to public view without using binoculars, aircraft or other optical aids.

For example, a person cannot grow marijuana plants in their kitchen window with an unobstructed view of the street. There are two potential problems here: 1) the plants are not secured from access by minors and 2) the public is able to see the plants through the window.

Another example. A person seeking to cultivate marijuana in their backyard must ensure the plants are adequately secured and locked to prevent access by minors AND the plants are not visible to public view. A factor to consider is your neighbor’s balcony or second story window.

Can I Hire Someone to Help Me Grow Marijuana in Arizona?

Yes. It is lawful under The Act to be in the business of assisting another person who is at least twenty-one years of age to cultivate and process cannabis at their residence. A.R.S. § 36-2852(A)(6). It is lawful for a person to accept payment for these services. However, payment cannot be in the form of marijuana because it is illegal for an unlicensed individual to sell marijuana to another, which implicates the Criminal Code under the intent to sell statute.

Can I Share Marijuana with Someone Else?

Yes. Adults at least 21-years old may share one ounce or less of marijuana, of which not more than five grams may be in the form of marijuana concentrate to another person who is at least 21-years old.

Adults may also share up to six marijuana plants with another adult.

The sharing must occur without any “remuneration” and it must not be advertised or promoted to the public. This means that a person must not accept any payment, “donation,” or exchange of value of ANY kind for the transfer.

If any kind of value is received for the transfer, the Arizona Criminal Code is implicated under the section governing intent to sell, which carries heavier penalties.

Can I Sell the Marijuana I Grow in Arizona?

No. The Act is very specific and clear that individuals may not accept any form of “remuneration” (value received for goods or services) in exchange for a transfer of marijuana. A person who accepts remuneration of any kind, including a “donation,” may be charged for intent to sell marijuana under the Criminal Code.

A person who grows their own cannabis at home may possess the product produced by the plants at their residence for personal use. It is worth noting that at this early stage after The Act was implemented in 2021, it is unclear how the State will classify quantities possessed in excess of the allowable amounts as a result of a person’s successful home grow(s).

Further work must be done in this area of the law in order to clarify allowable acts for people producing cannabis-products at home for private use so people can safely and confidently grow cannabis at home, responsibly.

Can Another Person Help Me Get Marijuana in Arizona?

Yes. The Act allows for a person to lawfully assist another person who is at least 21-years old in the acts described in section A.R.S. § 36-2852(A).

Is It Legal to Clone or Reproduce Cannabis Plants?

Yes. However, the allowable plant-count of six plants per individual at least 21-years old, or 12 plants maximum per household still applies. Arizona has adopted strict rules on the number of allowable plants and harsh penalties may follow for those that exceed plant count.

Possessing excess plants may result in a violation of the Arizona Criminal Code and, if convicted, could result in a felony.

A “plant” is defined by the presence of “readily observable evidence of root formation.” Thus, a “cutting” from one plant is not considered a separate “plant” until it has grown roots. U.S. v. Robinson, 35 F.3d 442 (9th Cir. 1994).

Criminal Code Violations

Arizona Criminal Code for Marijuana-Offenses Pursuant to A.R.S. § 13-3405

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This section provides an abbreviated format of the possible charges for violations that exceed the allowable amounts under The Act and for the intent to sell. This is not an all-inclusive list of violations for marijuana-related offenses and is for general informational purposes only.

If you or a loved one are facing charges, it is important that you consult with a criminal defense attorney immediately so that your attorney can negotiate with the State. In some instances, your attorney may negotiate for misdemeanor or reduced charges, depending on the facts and circumstances of your case.

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Cannabis-Use Impacts to Consider

Criminal Matters

The Odor of Marijuana and DUI – Drug

The Act provides that the odor of marijuana or burnt marijuana does not provide reasonable articulable suspicion of a crime. A.R.S. § 36-2852(6)(C).

This does NOT apply to when a police officer is investigating whether a person is driving under the influence. Arizona has very strict DUI laws and a person found to have metabolites or components of marijuana in their system may be found guilty of DUI if the person is also impaired to the slightest degree pursuant to A.R.S. § 28-1381. Arizona’s DUI laws pertain to medical marijuana users as well as recreational marijuana users.

If you or a loved one have been arrested for DUI in Arizona, you are facing harsh penalties in a state that prosecutes DUI vigorously. Do not delay in calling us to speak with an experienced criminal defense attorney to fight these serious allegations of DUI. See our DUI page for more information.

Drug-Free School Zone Sentence Enhancement

The penalty for possession or sale of marijuana within a drug free school zone (1,000 feet from a school) is a felony and the sentence is enhanced by one-year. Additionally, the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. A.R.S. § 13-3411(B).

Workplace Matters

Unlike the Arizona Medical Marijuana Act (AMMA), Proposition 207 did not result in the carve out of any protections for recreational adult use of cannabis and workplace issues.

Employers have no requirement to accommodate adult use of recreational marijuana under The Act and employers may implement policies at their discretion to maintain a drug-and-alcohol-free workplace.

Employees can be subject drug-testing and discipline or discharge from their job for violations resulting from their use of cannabis. Prospective employees may be screened and potentially denied employment opportunities based on a person’s use of cannabis. A.R.S. § 36-2851(1),(2).

Family Matters

While our Firm does not practice in family law or dependency matters, it is well-worth noting the very serious implications related to the use of cannabis in these areas.

Unfortunately, complex and very stressful problems arise for both medical card-holding patients under the AMMA and for persons who use cannabis recreationally, and responsibly. These laws are fairly new and are in a state of continual reform as legislation is updated and courts hear new cases on various issues. One should contact an experienced family law attorney to address such matters.

Pregnancy

Mothers whose children are found to have been born exposed to cannabis are at risk of being placed on the Arizona Department of Child Safety’s Central Registry list for child neglect. A.R.S. 8-201.

The Arizona Administrative Code under the Medical Marijuana Program requires physicians to provide warnings to qualifying patients that are female regarding the potential dangers to a fetus caused by smoking or ingesting marijuana while pregnant

or to an infant while breastfeeding, and the risk of being reported to the Department of Child Safety during pregnancy or at the birth of

the child by persons who are required to report. 9. A.A.C. 17.

Under the AMMA, discrimination is prohibited and persons facing state action may appeal an adverse decision.

Child Custody

While the state of Arizona has legalized cannabis use for qualifying patients under the AMMA and for responsible adult-use, this does not change the fact that marijuana remains an illegal substance federally. The implications of cannabis use continue to wreak havoc for people facing child custody, parenting time, legal-decision making, or other family-related issues.

Parents may face allegations of substance abuse, child neglect, and other penalties as a consequence of cannabis use. This can result in adverse decisions with respect to a person’s parental rights.

Drug-Free School Zone

As stated above, the penalties for possessing cannabis within 1,000 feet of school property are enhanced. Do not bring cannabis on school grounds, to school functions, while chaperoning, or to any other school-related matter.