As of November 30th, 2020, recreational marijuana has been legal in the state of Arizona. This has been great news for marijuana enthusiasts, who have been calling for legalization across the country. The new law, based on Proposition 207, allows residents and visitors to possess marijuana intended for personal recreational use. Distribution of marijuana requires a license, which the state plans to issue to dispensaries.

The new Arizona marijuana law comes with certain requirements and restrictions. Violation of these constraints can still lead to an illegal possession of marijuana charge. Here are the main provisions of Arizona’s new marijuana possession law.

Permitted Possession

The law allows anyone over 21 years of age to possess up to one ounce of recreational pot. Lawmakers reckoned that amounts over one ounce indicate an intention to distribute marijuana, which remains illegal without a license.

In addition, pot users may keep up to six marijuana plants. This allows them to grow the weed for personal use. Possession of over six plants indicates the intent to cultivate the plant for commercial sale. Only growers with a license can raise the pot plants as a business.

Those who choose to have their own home-grown marijuana plants should also be aware that the one-ounce limit may come into effect. In other words, if the six plants yield above one ounce of marijuana, it could lead to legal trouble. This point of the law remains unclear, and until it is tested in the courts, it is better to remain on the safe side and maintain plants that produce less than one ounce.

In addition, the law legalizes marijuana concentrates, but limits possession to five grams. Lawmakers reasoned that because concentrates remove impurities to increase potency, a lower amount is needed for personal recreational use.

Arizona’s new marijuana law permits recreational users to purchase pot in any potency apart from edibles. Edibles are limited to 10mg of tetrahydrocannabinol (THC) per serving and 100 mg per package.

The law also comes with the stipulation that marijuana be consumed in private. Public use of recreational marijuana remains a petty offense, which can lead to fines and other sanctions.

Illegal Possession of Marijuana in Arizona After Proposition 207

Unfortunately for those caught with more than one ounce of weed, Proposition 207 cannot prevent a felony charge, though medical marijuana card holders may possess up to 2.5 ounces every two-week period.

Under Arizona law, marijuana possession charges fall into three categories: under two pounds, two to four pounds, and over four pounds. Though any amount above the legal limit can be charged as a felony, in many cases where the quantities are small, it is possible to have the charge reduced to a misdemeanor. In addition, a Class 6 felony (the lowest level) can be set aside after any court-ordered sanctions are completed.

Possession of Under Two Pounds of Marijuana

Possession of under two pounds of marijuana constitutes a Class 6 felony if the court determines it was for personal use. If the prosecution can demonstrate it was for sale, the defendant faces the more serious Class 4 felony classification.

The crime counts as a Class 5 felony if the drugs were personally produced.

Illegal transportation of the drug into Arizona constitutes a Class 3 felony, which can lead to serious prison time.

Class 6 felonies are the least serious, but still carry a presumptive sentence of one year in prison. Mitigating circumstances permit a lower sentence, while aggravating circumstances, such as a previous drug conviction, allow judges to extend the term to two years.

Because of the presumptive sentence of incarceration, it is always desirable to seek a reduction from a Class 6 felony to a misdemeanor charge and, when possible, enter into a diversion program that allows the defendant to avoid jail time.

Possession of Two to Four Pounds of Marijuana

Possession of two to four pounds for personal use counts as a Class 5 felony, while possession of that quantity for sale results in a Class 3 felony. Those who produce two to four pounds of marijuana for personal use face a Class 4 felony.

Transportation of two to four pounds of pot into Arizona is classified as a Class 2 felony. The only Class 1 felonies in Arizona are 1st and 2nd degree murder.

The presumptive sentence for a Class 5 felony doubles from a Class 6 to two years in prison, with 2.5 years for cases with aggravating circumstances. Mitigating circumstances may allow for a term below two years.

Arizona Class 4 felonies carry a presumptive prison term of 2.5 years. The aggravated term stretches to 3.75 years. Mitigating circumstances may allow for a term of less than 2.5 years.

Class 2 felonies in Arizona are punishable by a presumptive sentence of five years in prison, with an aggravated penalty of 12.5 years. Mitigating circumstances may result in a term of less than five years.

Possession of Four or More Pounds of Marijuana

Defendants who possessed more than four pounds of marijuana for personal use face a Class 4 felony. If the marijuana was personally produced, the charge may be upgraded to a Class 3 felony. Possession for sale is classified as a Class 2 felony, as is transportation or importation of the marijuana into the state of Arizona.

Class 4 felonies carry a presumptive sentence of 2.5 years. A Class 3 felony has a 3.75-year presumptive sentence, and a Class 2 carries a presumptive sentence of 5 years. All felonies carry stiffer than the presumptive sentence if aggravating circumstances are proven. A defense attorney may be able to achieve a shorter sentence through a plea bargain or by demonstrating that legally mitigating circumstances apply.

Defenses Against Marijuana Possession Charges

Penalties can be severe for illegal marijuana possession in Arizona, but by asserting strong legal defenses, an attorney can force the dismissal of the case, gain an acquittal or reach a plea agreement for a lesser sentence. Effective legal defenses include the following:

Lack of Knowledge

Convicting a defendant of marijuana possession requires the defendant to have had knowledge of the drug’s presence. For example, if the defendant was in another person’s vehicle and had no knowledge that person stowed marijuana in the trunk, he or she would be entitled to an acquittal.

Unlawful Search and Seizure

The Fourth Amendment protects all people from illegal search and seizure. Police must have probable cause to conduct a search. They often pressure suspects to consent to a search, which allows them to get around the Fourth Amendment. When the suspect refuses to consent and police conduct a search without probable cause, the evidence must be suppressed, which usually means the end of the prosecution’s case.

Defendant Denied the Right to an Attorney

Often, suspects assert their Fifth Amendment rights and request an attorney. This is the right thing to do. Once the suspect has done this, any answers to law enforcement questions are inadmissible. Many defendants make the mistake of talking to the police, and the result is a charge the state could not have otherwise proven. For this reason, always decline to answer questions, assert the Fifth Amendment and request an attorney.

Proposition 207 will prevent a lot of good people from facing criminal prosecution for using marijuana. If people avoid possessing over one ounce of marijuana, 5 grams of concentrate or six marijuana plants, they are free from prosecution for minor pot possession. However, if you are accused of possessing a criminal quantity of marijuana, a felony conviction remains a possibility, so contact a criminal defense attorney as soon as possible.