ARS 36-2853: Arizona Marijuana Penalties, DUI, and Federal Rules

Arizona marijuana penalties run from a $100 civil fine at the low end to a class 2 felony with a five-year presumptive prison sentence at the high end. Where you land depends on how much you had, what you were doing with it, and whether you’re 21. Adults 21 and older may possess up to one ounce of marijuana (no more than five grams as concentrate) under the Smart and Safe Arizona Act; anything beyond that opens the door to civil, misdemeanor, or felony consequences.¹

Minor Violations and Civil Penalties

ARS 36-2853 covers the lower rungs of the ladder. These are the violations most Arizona residents actually run into, and they carry lighter consequences than criminal charges under Title 13.²

Possession Between One and Two and a Half Ounces

An adult caught with more than one ounce but no more than two and a half ounces (with up to 12.5 grams of concentrate) is looking at a petty offense. Fine only, no jail. The trap here is the ceiling. Going even slightly over 2.5 ounces flips the case out of ARS 36-2853 and into felony territory under ARS 13-3405.²

Underage Possession and Use

For anyone under 21, penalties escalate quickly across offenses. The statute treats possession, use, transportation, and unpaid transfers of up to one ounce (with up to five grams of concentrate) as follows:

First violation: a civil penalty of up to $100 paid to the Smart and Safe Arizona Fund, plus a possible order of up to four hours of drug education or counseling.
Second violation: a petty offense, with up to eight hours of drug education or counseling at the court’s discretion.
Third or subsequent violation: a class 1 misdemeanor, carrying up to six months in jail.

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Using a fake ID to buy marijuana is a petty offense the first time and a class 1 misdemeanor for any repeat. Asking someone else to buy for you is a petty offense the first time and a class 3 misdemeanor (up to 30 days in jail) after that.²

Smoking in Public

Smoking marijuana in a public place or open space is a petty offense regardless of age or quantity. Sidewalks, parks, and any other spaces open to the public are all covered.²

Cultivation Violations

Home growing is legal within limits: up to six plants at your primary residence, capped at twelve per household, kept in a locked enclosed area and not visible from outside without optical aids.¹ Growing in violation of the visibility or lock requirements is a petty offense the first time and a class 3 misdemeanor (up to 30 days in jail) after that.² Making concentrate with chemical solvents or any flammable liquid or gas with a flashpoint below 100 degrees Fahrenheit is a separate class 6 felony, even if you’re processing your own legal plants.⁴

Felony Marijuana Charges Under ARS 13-3405

Once the amount, activity, or circumstances push a case out of ARS 36-2853, ARS 13-3405 takes over. The classification depends on both what you were doing and how much marijuana was involved.⁵

Possession or Use Beyond 2.5 Ounces

Under two pounds: class 6 felony, presumptive one year in prison.
Two to four pounds: class 5 felony, presumptive 1.5 years.
Four pounds or more: class 4 felony, presumptive 2.5 years.

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Possession for Sale

If prosecutors believe the marijuana was intended for sale, the same weight brackets carry higher classifications:

Under two pounds: class 4 felony, presumptive 2.5 years.
Two to four pounds: class 3 felony, presumptive 3.5 years.
Over four pounds: class 2 felony, presumptive five years.

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Prosecutors don’t need to catch you mid-transaction. Packaging materials, scales, large amounts of cash, and quantity alone can all support the charge.

Production and Transportation for Sale

Producing marijuana outside home-cultivation limits draws class 5 through class 3 felony charges by weight. Transporting for sale or importing marijuana into Arizona is charged as a class 3 felony under two pounds and a class 2 felony at two pounds or more, with a presumptive five-year sentence at the top of the range.⁵

Mandatory Fine

Every conviction under ARS 13-3405 comes with a fine that a judge cannot reduce or waive: the greater of $750 or three times the court-determined value of the marijuana involved. On large quantities that multiplier produces very large fines on top of prison time.⁵

Driving Under the Influence of Marijuana

Arizona’s marijuana DUI standard is one of the strictest in the country. Under ARS 28-1381, you can be charged two ways: driving while impaired by a drug “to the slightest degree,” or driving with any amount of a drug or its metabolite in your body. That second prong catches people long after any impairment has worn off, because marijuana metabolites can linger for weeks.⁷

A first DUI conviction carries at least 10 consecutive days in jail, a base fine of at least $250, and $1,000 in additional mandatory assessments, plus traffic survival school. A valid prescription is a defense to the metabolite-based charge but explicitly not to actual impairment.⁷

A second DUI within 84 months means at least 90 days in jail with 30 served consecutively, a minimum $500 fine, $2,500 in assessments, 30 hours of community service, a one-year license revocation, and traffic survival school.⁷

Where You Cannot Use Marijuana

Use is banned in any public place or open space and inside any moving vehicle, boat, or aircraft, including as a passenger.⁴ Possession and consumption are also prohibited on the grounds of correctional facilities, preschools, K-12 schools, child care facilities, centers for children with disabilities, churches, and any building being used for children’s instruction at the time.⁸

Federal Consequences Arizona Cannot Shield You From

State legalization doesn’t override federal law, and several areas of exposure survive Proposition 207.

Firearms

Federal law makes it a crime for any user of a controlled substance to possess a firearm, and marijuana remains a Schedule I substance federally. ATF Form 4473, which every gun buyer completes, asks directly about marijuana use, and answering dishonestly is a separate federal crime. Even lawful use under Arizona law can expose a firearm owner to federal prosecution carrying up to 15 years.

Federal Property

National parks, national forests, military installations, and other federal land inside Arizona operate under federal law. Possession there is a federal offense regardless of Arizona’s rules. The Department of Justice rescinded a prior non-prosecution policy for simple possession on federal lands in late 2025.

Federally Assisted Housing

Public housing and Section 8 tenants remain subject to federal prohibitions on marijuana use in their units. Landlords in federal programs can evict tenants for marijuana use even in full compliance with Arizona law. HUD has confirmed it is statutorily required to enforce this prohibition.

Federal Workplaces and Commercial Driving

Federal contractors and employers in safety-sensitive industries must maintain drug-free workplaces, and marijuana is a controlled substance under the Drug-Free Workplace Act.⁹ Commercial drivers face a zero-tolerance standard under Department of Transportation regulations; DOT-regulated employers must continue testing for marijuana, and a positive result disqualifies the driver from safety-sensitive duties.

What Arizona’s Offense Classes Actually Mean

The classifications used throughout Arizona marijuana law carry specific sentencing ranges. For a first-time offender:

Petty offense: fine only, no jail time.
Class 3 misdemeanor: up to 30 days in jail.
Class 1 misdemeanor: up to six months in jail.
Class 6 felony: presumptive one year, ranging from four months (mitigated) to two years (aggravated).
Class 5 felony: presumptive 1.5 years, ranging from six months to 2.5 years.
Class 4 felony: presumptive 2.5 years, ranging from one year to 3.75 years.
Class 3 felony: presumptive 3.5 years, ranging from two years to 8.75 years.
Class 2 felony: presumptive five years, ranging from three years to 12.5 years.

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Prior felony convictions push every one of these ranges upward. Someone with a prior felony faces enhanced mandatory minimums and higher maximums across every classification above.

1
Arizona Legislature. Arizona Revised Statutes Title 36 Section 36-2852 – Allowable Possession and Personal Use of Marijuana
2
Arizona Legislature. Arizona Revised Statutes Title 36 Section 36-2853 – Violations, Classification, Civil Penalty, Additional Fine, Enforcement
3
Arizona Legislature. Arizona Code 13-707 – Misdemeanors, Sentencing
4
Arizona Legislature. Arizona Revised Statutes Title 36 Section 36-2851
5
Arizona Legislature. Arizona Revised Statutes Title 13 Section 13-3405 – Possession, Use, Production, Sale or Transportation of Marijuana, Classification, Exceptions
6
Arizona Legislature. Arizona Code 13-702 – First Time Felony Offenders, Sentencing, Definition
7
Arizona Legislature. Arizona Revised Statutes Title 28 Section 28-1381 – Driving or Actual Physical Control While Under the Influence
8
Arizona Legislature. Smart and Safe Arizona Act – Proposition 207
9
Acquisition.GOV. Federal Acquisition Regulation Subpart 26.5 – Drug-Free Workplace