Arizona law has changed significantly in recent years. Under A.R.S. § 36-2852, adults who are 21 or older may legally possess up to 1 ounce (28 grams) of marijuana, including no more than 5 grams of marijuana concentrate. The law also allows adults to transfer limited amounts of marijuana to another adult without payment and, subject to certain restrictions, cultivate a limited number of marijuana plants at their residence for personal use.
However, not all marijuana-related conduct is legal. Under A.R.S. § 13-3405, activities such as possessing marijuana in excess of the legal limits, selling marijuana without proper authorization, transporting marijuana for sale, or possessing marijuana with the intent to sell outside Arizona’s regulated system can still result in serious criminal charges. Marijuana also remains prohibited in certain locations and circumstances, including while operating a motor vehicle or where otherwise restricted by law.
If you have been charged with a marijuana-related offense, Chuck Franklin can evaluate your case, explain your legal options, and fight to protect your rights. If your case involves an older marijuana conviction, you may also qualify to have your record cleared under Arizona’s marijuana expungement laws. Learn more on our Marijuana Expungement page to see whether you may be eligible for relief.
If you are caught with more than stated above, then you could be charged criminally. It is legal to possess marijuana for recreational and medical use in Arizona, but you must be 21 years and older to possess or purchase marijuana. It is still illegal to smoke marijuana in public. You may also grow up to six plants per household ().
The controlling statute can be found at (ARS Sec 36-2802), et seq. Keep in mind, even though possession or use is legal in Arizona subject to the above limitations, you can still be charged with driving under the influence and impaired to the slightest degree. It’s just like alcohol if the pot you recently smoked or ate is still impairing you while you are behind the wheel of a car.
UNDER FEDERAL LAW IT IS STILL ILLEGAL TO KNOWINGLY POSSESS, TRANSPORT OR USE MARIJUANA OR WAX (CANNABIS)