Possession of Marijuana

Phoenix & Scottsdale Drug Possession Lawyer

Despite the passage of Proposition 207 legalizing recreational adult use of marijuana in Arizona, arrests for possession of marijuana are still occurring. If you possess a quantity of marijuana over the threshold amount of two pounds, the state may presume that you intend to sell the product instead of possess the marijuana for personal use. Possession of marijuana for sale and over the threshold amount is a serious class 3 felony in Arizona and carries harsh consequences on conviction such as a mandatory prison sentence.

It is important to speak with a local criminal defense attorney skilled at defending felony drug offenses to help you get the best possible results for your case. We are prepared to aggressively challenge the state’s evidence against you and fight for the most favorable results for you.

Maricopa County Criminal Defense Attorney

If you or a loved one were charged with possession of marijuana, Civil Rights Restored defends cases in Maricopa County including Phoenix, metro Phoenix area, Scottsdale, Tempe, Gilbert, Chandler, Mesa, Ahwatukee, Glendale, Avondale, and more.

Start building your defense today. (480) 759-7479.

Possession of Marijuana in Arizona Menu

• What is Marijuana Possession in Arizona
• Penalties of Conviction for Marijuana Possession
• Probation for Marijuana Conviction in Arizona
• DUI Drugs for Marijuana in Arizona
• Defenses to Possession of Marijuana
• Possession of Marijuana FAQs

What is Possession of Marijuana?

Possession of Marijuana Lawyer – Scottsdale

The Smart and Safe Arizona Act, also known as Proposition 207, made it legal for adults 21 and older to possess certain quantities of marijuana or cannabis, including plants for recreational use. Prop 207 was made effective in 2021.

Click here to learn more about Prop 207.

Prior to the passage of Prop 207, Arizona passed the Arizona Medical Marijuana Act (AMMA) in 2010. The AMMA legalized the possession and use of certain quantities of marijuana, or cannabis, for medical purposes to those holding a Medical Marijuana Card.

Despite the passage of the AMMA and Prop 207, people are still getting arrested in Phoenix and Scottsdale for possession of marijuana if the quantity possessed exceeds the allowable thresholds or if evidence of intent to sell is found.

Felony possession of marijuana is defined in A.R.S. 13-3405:

It is unlawful for a person to:

1. Possess or use marijuana.
2. Possess marijuana for sale.
3. Produce marijuana.
4. Transport marijuana.

Consequences of Possession of Marijuana Conviction in Arizona

Possession of Marijuana Not For Sale in Arizona:

• Class 6 felony – less than two pounds of marijuana;
• Class 5 felony – at least two pounds and up to four pounds of marijuana;
• Class 4 felony – more than four pounds or more of marijuana.

Possession of Marijuana for Sale in Arizona:

• Class 4 felony – less than two pounds of marijuana;
• Class 3 felony – at least two pounds and up to four pounds of marijuana;
• Class 2 felony – more than four pounds of marijuana.

Produce Marijuana in Arizona:

• Class 5 felony – less than two pounds of marijuana;
• Class 4 felony – at least two pounds and up to four pounds of marijuana;
• Class 3 felony – more than four pounds of marijuana.

Transport Marijuana in Arizona:

• Class 3 felony – less than two pounds of marijuana;
• Class 2 felony – two pounds or more of marijuana.

Can You Get Probation for Possession of Marijuana in Arizona?

If you are charged with possession of marijuana for personal use and the quantity of drugs is under the threshold amount of two pounds, you may be granted probation in lieu of incarceration depending on the facts of your case and criminal history. If you are convicted of possession of marijuana for sale, it is not probation eligible and involves mandatory prison time.

Each person’s situation is different, so it is important that you consult with a skilled drug offense lawyer to go over your circumstances.

Having a skilled Maricopa County possession of marijuana lawyer to negotiate on your behalf will greatly increase your chances of achieving a favorable result. We are dedicated to getting the best results possible for you.

Get Help Now. (480) 759-7479.

Can You Get a DUI if You Drive After Smoking or Consuming Marijuana in Arizona?

Yes. It is illegal in Arizona to operate a motor vehicle while you are impaired. Arizona has very strict DUI laws and you can absolutely be arrested for suspicion of DUI if the officer has probable cause to suspect that you are impaired on drugs or alcohol. Under A.R.S. 28-1381(A)(3), a person who has metabolites of marijuana in their body can be found guilty of DUI Drug if they are impaired to the slightest degree.

See our DUI Drug page for more information.

Contact our Scottsdale Marijuana DUI lawyer for a free consultation at (480) 759-7479.

Defenses to Felony Drug Charges in Maricopa County

There are many potential defenses to possession of marijuana charges in Arizona.

MMJ Card: One strong defense is having a valid AMMA card (Arizona Medical Marijuana Act, medical marijuana card).

DUI: Civil Rights Restored aggressively defends driving under the influence (DUI) cases in Phoenix and Scottsdale, Arizona. We will challenge the state’s evidence that you are driving while impaired.

Click here to learn more.

Arizona Legal Marijuana Frequently Asked Questions

Is Possession of Marijuana a Felony in Arizona?

Yes, if the quantity of marijuana exceeds the allowed statutory threshold amounts. The penalties for possession of marijuana vary depending on the quantity of marijuana possessed and other factors.

How Much Marijuana Can You Legally Possess in Arizona?

For responsible adult recreational use, the allowable amounts of marijuana or cannabis plants a person at least 21 years old can legally possess in Arizona is defined in A.R.S. 36-2852 (as of 2022).

NOTE: Marijuana remains an illegal controlled substance on Schedule I of the Controlled Substances Act under federal law in which any quantity of marijuana possessed is illegal. The below allowable amounts of marijuana are allowed only under state of Arizona law and not under federal law.

Recreational Use of Marijuana in Arizona Allowable Amounts:

• One ounce or less of marijuana, except that not more than five grams of marijuana may be in the form of marijuana concentrate.

How Many Cannabis Plants is Legal to Possess in Arizona?

• No more than 6 marijuana plants for personal use at the individual’s primary residence and possession of the marijuana produced by the plants on the premises AS LONG AS:
  • 12 plants maximum per residence with at least two or more people 21 years or older residing there.
  • Cultivation takes place in an enclosed area on the grounds of the residence and it is secured or locked to prevent access by minors.
  • The marijuana plants are not visible from public view without using optical aids.

Can You Give (Transfer) Marijuana to Another Person in Arizona?

Yes, as long as the transfer is from one adult at least 21 years old to another adult at least 21 years old, and:

• The transfer is WITHOUT COMPENSATION OF ANY KIND
• The transfer is not advertised to the public.
• Quantity: one ounce or less of marijuana, of which not more than five grams may be in the form of marijuana concentrate.

Can You Give (Transfer) Marijuana Plants to Another Person in Arizona?

Yes, as long as it is to another adult, at least 21 years old and:

• Up to 6 marijuana plants
• The transfer is WITHOUT COMPENSATION OF ANY KIND
• The transfer is not advertised or promoted to the public.

Can You Smoke Marijuana in Public in Arizona?

No. It is a petty offense to smoke marijuana in a public place or open space in Arizona.

Is Marijuana Paraphernalia Legal in Arizona?

Yes. Under A.R.S. 36-2852(A)(5) (citation of statute in 2022).

How to Expunge a Conviction for Possession of Marijuana in Arizona

Convictions for certain quantities of marijuana possessed may now be expunged in Arizona.

See our Marijuana Conviction Expungement page for more information.

Ready to Get This Case Resolved?

If you are ready to start building your defense, contact Phoenix & Scottsdale marijuana possession lawyer today at Civil Rights Restored.

We are skilled in modern criminal defense strategies and will fight to get results for you.

Call us at (480) 759-7479 or use the contact form.

Let’s start fixing this together.

All Arizona Revised Statutes cited on this page were cited in 2022.