Arizona Laws & Penalties

Possession

When one is found in possession for personal consumption of marijuana that does not exceed 2 pounds, this is classified as a Class 6 violation and they are bound to be punished with a sentence of going into prison for between 4 months to 2 years as well as a fine of not less than $1000. If they are not able to raise the fine, an equivalent of what has been made from the drug sale applies.

If the marijuana weighs between 2-4 pounds of, the culprit will be put to trial under a Class 5 violation. The resulting verdict is a sentence that lasts between 6 months and 2.5 years as well as a resulting fine has a set minimum of $1000. Alternatively, the fine is the equivalent of what has been made from the exchange of the drugs.

If the marijuana weighs more than 4 pounds, the case will be dealt with as a Class 4 violation. The punishment that applies is sentencing that ranges from 1-3.75 years. Also, a fine not less than $1000 or the equivalent of the drug revenue applies.

For all the three scenarios, if probation is provided after sentencing, it is mandatory for the culprit to serve under community service for a period of 24 hours.

Sale

Sale or possession with the intention to sell marijuana that weighs less than 2 pounds is categorized as a Class 4 violation. The offense is punishable by sentencing that lasts for between 1-3.75 years. Also, a fine not less than $1000 applies or an amount equivalent to the yields from the drug violation.

If the marijuana weighs between 2-4 pounds, this is a Class 3 violation and the punishment that applies is a sentence of between 2-8.75 years. A fine of not less than $1000 is payable; alternatively the fine payable is equivalent to what has been made from the drug violation.

If the marijuana weighs more than 4 pounds, a Class 2 felony applies and the punishment that applies is a sentencing of between 2-12.5 years. The minimum payable fine is monetary terms is $1000 and the other option is a fine that equates to the yields from the drug violation.

For the 3 cases, the case where the probation is a subtle option to avoid imprisonment, the guilty party has to go through community service for a minimum of 24 hours.

Manufacture/Cultivation

Production of marijuana that does not exceed 2 pounds is classified as a Class 5 violation and this attracts a minimum sentence of 6 months. The extreme end of it is one could be imprisoned for 2.5 years. The minimum payable fine that applies is $1000; alternatively, the fine could be an equivalent of what has been made from the drug sale.

If the amount of marijuana produce lies between 2-4 pounds, this is classified as a Class 4 violation and the sentencing time frame for this is between 1-3.75 years. The minimum payable fine for the offense is either $1000 or an amount equivalent to what has been obtained from the drug sale.

Where more than 4 pounds of marijuana are produced, this is regarded as a Class 3 violation. The punishment that applies is a sentence that ranges between 2-8.75 years. The minimum payable fine is $1000. Alternatively, a fine that is equivalent to the yields form the sale of the drugs.

For the 3 scenarios, probation is availed as an alternative to imprisonment, the transgressor has to serve under community service for a minimum of 2 hours.

Trafficking

When one is caught illegally trading below 2 pounds of marijuana into the state, this is categorized as a Class 3 violation. The minimum time frame one could get imprisoned is 2 years and the maximum is 8.75 years. Also, there is a fine that applies and the minimum amount payable is $1000; the offender could also pay a fine equivalent to what has been made from the drug offense. Where probation applies after conviction, one must serve for a minimum of 24 hours in community service.

When 2 or more pounds of marijuana are nabbed, the state classifies this as a Class 2 violation. The sentence one could get in prison is between 2-12.5 years. The minimum fine one has to part with is in excess of $1000; alternatively, it should equate the amount that has been made from the drug violation.

Hash & Concentrates

Arizona has categorized hashish and concentrates as Schedule I narcotic drugs and they fall under “Cannabis.” The definition of “Cannabis” is, it is “The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin … and every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol.”

When one is knowingly found in possession of or using narcotic drugs, one is dealt with under a class 4 violation. The punishment that applies is a prison sentence of between 1-3 years.

When one is found in possession of a narcotic drug for sale, this is dealt with as a Class 2 violation. The sentencing applicable ranges between 3-10 years imprisonment.

When one knowingly possesses paraphernalia used in the production of narcotic drugs, this is regarded as a Class 3 violation and the imprisonment period that applies is between 2-7 years.

Manufacture of hypnotic drugs is categorized as a Class 2 violation, and it attracts imprisonment of between 3-10 years.

Moving narcotic drugs from one place to another is classified as a Class 2 violation. The punishment that applies is sentencing that ranges between 3-10 years.

For all the 5 cases, an additional fine applies. The maximum fine that applies is above $2000 dollars. Alternatively, the fine could be three times the value of narcotic drugs. Normally, the greater of the 2 values is what is paid. Also, the narcotic drug court has the final discretion of determining how much is to be paid.

Paraphernalia

For those found in possession of drug-related material as well as marketing sale of the same, a Class 6 violation applies and the punishment that applies is a sentence not less than 4 months with the maximum time frame for imprisonment being 2 years. Also, a fine of not less than $1000 applies; the alternative for this is a charging of a fine that is equivalent to what has been made from the drug sale.

Miscellaneous

When one is found to have exploited or hired minors in contravention of a drug violation, the perpetrator is bound to receive a lengthier sentence. This also applies if one has previously been sentenced for a violation they committed previously as well as engagement in a drug offense within school boundaries.

Class 6 Felony; Designation

For anyone who is sentenced for a class 6 violation that does not comprise a risky transgression and the court rationally decides that it would be unfair to sentence them, the violation may be handled as a Class 1 offense. The other option is placing the offender on probation in consonance with what chapter 9 of this title states. Anyone who is found guilty and sentenced over a class 6 felony or for more than one felony is exempted from this privilege.

Fines

For a class 1 violation, the fine shall not exceed $2500. The lowest amount a first time drug offender is fined is $1000. Beyond a first time offense, the figure goes up and the minimum fine payable is $2000.

CONDITIONAL RELEASE

For first time offenders facing prosecution, the state is quite lenient and they could either be offered conditional release or an alternative form of sentencing. Conditional release offers a way out through probation; this way, one is able to avoid trial. Once one is done with probation successfully, their criminal record is clean as the charges do not appear anywhere.

DRUGGED DRIVING

The state of Arizona has effected various per se drugged driving laws. The extreme end of the laws bars drivers from using vehicles while under the influence of a certain amount of contraband drugs or drug metabolite present in body fluids beyond a certain level dictated by the state. More details and research on content on cannabinoids and their effects on psychomotor performance have been posted here. Supplementary knowledge on cannabinoids and proposed per se limits is accessible here as well.

HEMP

The state has a vibrant and budding hemp industry. Hemp is a unique type of the cannabis sativa plant. The main ingredient in the plant that triggers the brain is tetrahydrocannabinol (THC) and its concentration in the plant is less than 1%. Other parts of the cannabis sativa are put to use in the manufacture of such products as textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed among other products.

MEDICAL MARIJUANA

Arizona State has executed a couple of marijuana laws to restrictively allow its use. From what can be derived from present day research, marijuana has plenty of applications in the medical sphere. Some of these applications include pain relief, nausea, spasticity, glaucoma, and movement disorders. Use of marijuana prompts the appetite especially for those with a low appetite. Also, it has been proved to have the ability to protect the body against cancerous growths and the neural system as well.

Arizona Medical Marijuana Law

QUALIFYING CONDITIONS

• Alzheimer’s Disease
• Amyotrophic Lateral Sclerosis (Lou Gehrig’s disease)
• Cachexia or wasting syndrome
• Cancer
• Chronic pain
• Crohn’s Disease
• Glaucoma
• Hepatitis C
• HIV or AIDS
• Nausea
• Persistent Muscle Spasms
• PTSD
• Seizures

PATIENT POSSESSION LIMITS

2.5 ounces of usable marijuana

HOME CULTIVATION

Home cultivation is allowed where human residence is further than 25 miles from a state-licensed dispensary facility. No more than twelve marijuana plants in an “enclosed, locked facility.”

STATE-LICENSED DISPENSARIES ALLOWED

State-licensed nonprofit dispensaries have the requisite permission to come up with and prescribe medical marijuana to worthy patients; they should do this with intentions to make zero profit out of it.

STATE-LICENSED DISPENSARIES OPERATIONAL

Yes

CAREGIVERS

Yes

ESTIMATED NUMBER OF REGISTERED PATIENTS

152,979 Source: Arizona Department of Health Services

RECIPROCITY

The act permits limited reciprocity to those who can be classified as ‘visiting qualifying patients’. Some of the conditions which apply for the patients are as follows:

• The patient must hail from outside Arizona.
• The medical condition must be recognized and defined under the Act.
• There must have been issuance of a medical marijuana registration card or its equivalent issued in conformity with the laws of another state. The out-of-state registration card works similarly to that issue in Arizona, only that it cannot be used to purchase medical marijuana in Arizona.

CONTACT INFORMATION

Final rules for the program, physician certification forms, and a frequently asked questions (FAQs) are all available online at the Arizona Medical Marijuana Program.

Arizona Hemp Law

Year Passed: 2018

Summary: Senate Bill 1098 provides for a pilot program that allows licensed institutions to carry on with the research of “growth, cultivation, and marketing of industrial hemp.”