oregon cannabis license moratoria

Is Cannabis Legal in Arizona?

arizona

Arizona Cannabis Legality

There’s no denying that the cannabis industry is on the rise and always changing. These factors can make it challenging to keep track of cannabis laws. Understanding cannabis’s legal status in Arizona is fundamental in helping you decide whether you can open a cannabis business and how to do so lawfully.

The Legal Status of Cannabis in Arizona

As of November 2020, cannabis is legal for recreational use in Arizona.

Proposition 207 makes it legal for people 21 or older to buy, possess, transport, and process cannabis, so long as the amount of cannabis doesn’t exceed 1 ounce or the amount of cannabis concentrate doesn’t exceed 5 grams. All individuals must purchase recreational cannabis from a licensed dispensary or obtain it from personal plants — adults 21 or older can grow up to six cannabis plants inside their private residences for personal use.

Those who possess more than the designated amounts risk violating the law. For example:

  • Possessing more than 1 ounce but less than 2.5 ounces of cannabis for personal use is a petty offense punishable by up to a $300 fine.
  • Possessing more than 2.5 ounces but less than 2 pounds of cannabis for personal use is a felony offense punishable by a maximum one-and-a-half-year sentence and a maximum $150,000 fine.
  • Possessing more than 2 pounds but less than 4 pounds of cannabis for personal use is a felony offense punishable by a maximum two-year sentence and a maximum $150,000 fine.
  • Possessing more than 4 pounds of cannabis for personal use is a felony offense punishable by a maximum three-year sentence and a maximum $150,000 fine.

Additionally, selling and producing cannabis may come with legal restrictions. No laws exist pertaining to possession or use of cannabis paraphernalia. Lastly, anyone under 21 who possesses cannabis will face a civil penalty for their first offense with the charges increasing upon second and third instances of possession.

Is Medical Cannabis Legal in Arizona?

Since 2010, cannabis has been legal for medical use in Arizona. Once someone 18 or older qualifies for and obtains a medical cannabis card, they can purchase up to 2.5 ounces of cannabis from a licensed dispensary. If you’re younger than 18, you must have a caregiver register on your behalf.

Is Cannabis Decriminalized in Arizona?

The terms “legalization” and “decriminalization” are different. Under decriminalization, a state or city might not legalize possession of cannabis, but their laws regarding possession aren’t as severe as they once were. In other words, decriminalizing cannabis refers to reducing the criminal offenses associated with the possession of the illegal substance. The goal is to reduce cannabis-related arrests.

In Arizona, cannabis is already decriminalized because it’s legal for recreational and medical use.

Can You Smoke Cannabis in Public in Arizona?

Neither recreational nor medical cannabis users can use cannabis in public. However, medical cannabis users are legally allowed to consume cannabis in edible form in public. It’s illegal to operate a motor vehicle when under the influence of cannabis at all times.

Work With Harris Bricken

Are you ready to open a commercial cannabis business in Arizona? Harris Bricken is your go-to law firm for help with cannabis-related matters. Since 2010, we’ve assisted helped people in Arizona navigate the state’s cannabis laws. Contact us today to learn more about how we can advise your commercial cannabis operation.

Can You Grow Cannabis in Arizona?

The cultivation of cannabis is legal for personal and commercial use in Arizona. Commercial cultivation requires a license.

Personal Cannabis Growth

Individuals 21 or older can grow up to six cannabis plants at their private properties for personal use. If more than one adult lives in the same residence, that number increases to 12. Those with a medical cannabis card and who live over 25 miles from the nearest licensed dispensary may grow up to 12 medical cannabis plants.

The place where someone grows their personal plants must be fully enclosed and secure. All cultivation must happen indoors, hidden from public view. Further, it’s illegal to sell any cannabis grown for personal use, though individuals can transfer up to 1 ounce of cannabis to another adult as long as they don’t charge money for the transaction.

Commercial Cannabis Growth

You must obtain the proper license to legally cultivate cannabis for commercial sale. Those who have lived in Arizona for at least three years from the application date are eligible to apply.

As cannabis laws change frequently, you should consult with legal professionals like Harris Bricken before taking the next step.

small plant growing in soil

Is CBD Oil Legal in Arizona?

Many cannabidiol (CBD) oil and CBD-based products derived from either hemp or cannabis are legal to purchase in Arizona for anyone 18 or older. You don’t need a prescription to purchase CBD oil.

city landscape

We do tough. We do bold.
We do innovative.

Put us to work for you