Possession of even a tiny amount of recreational marijuana is a felony in the state of Arizona. Arizona’s drug laws—from possession to manufacturing/cultivation to trafficking—are far harsher than most states, including potentially long prison terms and fines of up to $150,000.

If you visit Arizona from a state with legalized recreational marijuana, never bring the weed into this state. Importation of marijuana into Arizona carries additional penalties. On account of the severity of the punishments, recreational marijuana users in Arizona should either drop the habit or relocate to a state where pot is legal.

Do not jeopardize your future with a lifelong criminal record.

Arizona’s Tough Marijuana Possession Laws

All Arizona marijuana possession defendants face a fine of up to $150,000. Other penalties and felony classifications depend upon the weight of the marijuana in the defendant’s possession.

There is a big legal distinction between possession for personal use and possession with the intent to sell. For this reason, do not answer any questions from law enforcement without a lawyer or make any statements. Any admission could result in a possession for personal use charge being upgraded to drug trafficking.

Less Than 2 lbs. of Marijuana (For Personal Use Only)

Possessing less than two pounds of marijuana for personal use is a class 6 felony that carries a sentence of between 6- and 18 months incarceration.

Class 6 felonies in Arizona are the least serious. They include such offenses as possession of drugs for personal use, DUI and aggravated assault. Because class 6 felonies are the lowest felony designation, the Arizona legislature allows them to be considered as “undesignated” offenses, which means the court can classify the conviction as a felony or a misdemeanor.

Offenders without significant criminal history have a good chance of receiving the misdemeanor designation, provided they did not engage in any dangerous behavior while committing the offense or when placed under arrest. Some first-time offenders may be eligible for diversion programs that allow for the charges to be dismissed.

How Marijuana for Personal Use Defendants Can Increase Their Chances of a Misdemeanor Designation or Diversion Program

Firstly, there is no misdemeanor designation if you are convicted of possessing marijuana with the intent to traffic it. In fact, if law enforcement finds evidence you have dealt pot, jail time becomes a serious possibility. Therefore, if arrested for marijuana possession in Arizona, politely but firmly tell the arresting officer that you wish to answer no questions without an attorney present. At that point, under the Miranda law, all questioning must cease.

Under Arizona law, officers are not required to read you your rights unless you have already been detained, so any statement made prior to arrest will likely survive a motion to suppress in court, even if you later assert your Miranda rights. Also, such statements are often taken out of context, misconstrued or misunderstood and do heavy damage to your defense.

Officers may look for evidence that you intended to sell the drugs. Remaining silent ensures they cannot use any statement from you to make a case for trafficking.

To earn the misdemeanor designation or be eligible for a diversion program, the following factors must apply to your case:

• Less than two prior felony convictions
• You did not engage in dangerous activity while possessing the marijuana (driving while under the influence, resisting arrest, etc.)
• No intent to traffic drugs
• Marijuana was for personal use only

If convicted, you must petition the court to designate the offense a misdemeanor after completing probation. Working with a criminal defense attorney as soon as possible greatly increases your chance of receiving the misdemeanor designation. The attorney will understand any flaws in the prosecution’s case and will use them to negotiate a better plea bargain on your behalf, allowing you to avoid the felony or enter a diversion program.

Fighting the Possession Charges in Court

With the stakes so high, many innocent people are tempted to plead guilty to avoid a felony and jail time. However, if you are not guilty, you should not feel pressured to plead guilty. Instead, hire a criminal defense attorney who can help you assert your innocence and win your case without exposing yourself to harsher penalties.

Possession of Between 2- and 4 Pounds of Marijuana (For Personal Use Only)

Possession of this amount of marijuana is a class 5 felony, so a conviction on this charge is automatically designated a felony. In addition to the fine of up to $150,000, you also face between 9 months and 2 years incarceration.

If arrested on this charge, remain silent and obtain a criminal defense attorney. Your attorney will be able to construct a defense that either induces the prosecution to reduce the charges/penalties or secure your acquittal.

Possession in Excess of 4 Pounds (For Personal Use Only)

Being caught with over 4 pounds of personal use marijuana is a class 4 felony. Penalties include a fine of up to $150,000 and between 18 months and 3 years incarceration.

Possession for Sale

Conviction of possession for sale puts you in a different league versus personal use possession. The penalties are harsher and consist of the following:

Less Than 2 Lbs.

• Class 4 Felony
• Up to $150,000 in Fines
• 18 Months to 3 years in Prison

Between 2- and 4 Lbs.

• Class 4 Felony
• Up to $150,000 in Fines
• 2.5- to 7 Years in Prison

Over 4 Lbs.

• Class 2 Felony
• Up to $150,000 in Fines
• 4 to 10 Years in Prison

To decrease your chances of being charged and/or convicted of intent to sell marijuana, make no statements to the police and decline to answer any questions without first consulting an attorney.

Possession for Cultivation and Production

Conviction of marijuana possession for cultivation and production also carries harsh penalties, though less so than possession for sale.

Less Than 2 Lbs.

• Class 5 Felony
• Up to $150,000 in fines
• 9 months to 2 years incarceration

Between 2 Lbs. and 4 Lbs.

• Class 4 Felony
• Up to $150,000 in Fines
• 18 Months to 3 years in Prison

Over 4 Pounds

• Class 3 Felony
• Up to $150,000 in Fines
• 2.5 to 7 Years in Prison

Prosecutors often rely on evidence other than the marijuana itself to establish a case of possession for cultivation and production. For example, the discovery of lights that could be used for an indoor grow could result in a higher charge than simple possession for personal use.

As a result, never consent to a search because even objects never intended to help grow marijuana could be used to convince the court you were engaged in cultivation. Also, make no statements to law enforcement, assert your right to remain silent and contact a lawyer as soon as possible.

Though many states have decriminalized marijuana possession for recreational use, Arizona remains committed to permitting marijuana for medical purposes only. Fines and sentences of incarceration can be harsh. If you have been arrested for possession of marijuana, you need strong legal council right away. A good lawyer can be the difference between probation and prison, acquittal and conviction.