After legalizing medical cannabis use in 2010, recreational cannabis use was legalized in the state of Arizona in 2020, with the first state-licensed sales beginning in 2021. The law makes it legal to possess and recreationally use a small amount of marijuana, but Arizona still regulates marijuana possession and use. If you are found to be in violation of these new laws, the consequences can be severe.
What is Legal Recreational Marijuana Possession and Use Under Arizona Law?
Proposition 207 has made it legal for adults over the age of 21 to purchase and possess marijuana and its derivatives for recreational use in the state of Arizona. Under the law, people over 21 can possess up to one ounce of marijuana or under five grams of marijuana derivatives such as THC concentrates in the form of wax or oil. Adults over the age of 21 are also permitted to grow up to six marijuana plants for personal, recreational use.
Even if done so legally and in appropriate quantities, marijuana can’t be used in public places or open spaces in Arizona. Individual employers also maintain the right to prohibit marijuana use while working. Selling, transferring or trafficking marijuana remains illegal and penalties for such crimes can be lengthy and costly.
Limits on the Amount of Recreational Marijuana You Can Possess
Adults over the age of 21 in Arizona can possess up to one ounce of marijuana at a time or up to five grams of marijuana derivatives. Possessing an amount greater than one ounce of marijuana of five grams of derivatives is still a crime and penalties for exceeding these amounts can be harsh. Possession of between 1 and 2.5 grams of marijuana is charged as a petty offense and possessing more than 2.5 grams of marijuana is charged as a felony and penalties can include significant jail time and hefty fines.
Minors in Possession of Marijuana
While adults over the age of 21 can legally purchase, grow, possess, and/or use small amounts of marijuana for recreational purposes, it still remains a crime for anyone under the age of 21. A first-time marijuana possession charge is a civil penalty for minors but any subsequent charge is a misdemeanor. Moreover, it is expressly illegal for an adult over the age of 21 to supply marijuana to a minor, just as it is for alcohol.
Driving Under the Influence of Marijuana
Arizona DUI laws were not affected by the passage of Proposition 207 and it remains illegal to drive under the influence of marijuana. Similarly to alcohol, the trace presence of THC in your body will not necessarily result in a DUI, but any amount that is shown to impair your driving abilities will result in a DUI.
Concerned About a Drug Crime? Facing Charges? An Established Arizona Law Firm with Over 60 Years of Experience Is Here to Help.
Just because recreational marijuana is legal, doesn’t mean Arizona no longer prosecutes cases involving marijuana. If you have legal concerns regarding consequences of recreational marijuana use, contact our experienced team of Yuma attorneys at Territorial Law. We have proven experience fighting drug crime charges and will protect your rights to recreational marijuana use. We are a client-centered law firm and are prepared to guide you through your case, advocate for you, and fight for the best possible outcome. Contact us for a free, confidential consultation and let us start advocating for you today!