Familiarize Oneself With Arizona’s Marijuana Law’s Details
Marijuana legalization in Arizona has significantly impacted the state’s penal code. Here are a few of the more significant adjustments.
Arizonans age 21 and older can now use marijuana recreationally.
Under Arizona’s new recreational use regulations, it is still unlawful for anybody under the age of 21 to possess or use marijuana. Similar to how giving alcohol to a juvenile is prohibited, giving marijuana to a minor is likewise against the law. A first underage possession offense is a civil penalty of up to $100 with possible drug education counseling.
You May Own Up to 1 Ounce of Marijuana and 5 Grams of Concentrate
The legal possession of one ounce of marijuana, or 28.35 grams, is now permitted in Arizona. Five grams of marijuana concentrate, which is resin removed from the marijuana plant and used to make THC concentrate in the form of wax or oil for vaporizers, may be found in the 1 ounce.
If you have more than one ounce, you are in violation of the law and may be charged with a civil offense (for amounts under 2.5 ounces) or a more serious crime (for cases involving more than 2.5 ounces). A first civil offense results in a maximum fine of $100. A second offense for possession between 1-2.5 ounces is a petty offense requiring 8 hours of drug education. A third offense in this range is a Class 1 misdemeanor. Possession over 2.5 ounces jumps directly to a Class 6 felony carrying 6 months to 1.5 years imprisonment.
Additionally, keep in mind that marijuana possession and use remain illegal under federal law. However, in December 2025, an executive order was signed directing the Attorney General to expedite the rescheduling of marijuana from Schedule I to Schedule III. While this rescheduling process is ongoing, marijuana remains federally prohibited, and the change would not legalize marijuana federally. It would primarily provide tax relief to cannabis businesses by eliminating the Section 280E restriction on business expense deductions.
Home Cultivation Is Permitted With Restrictions
Adults 21 and older may cultivate up to six marijuana plants at their primary residence (maximum 12 plants per household with two or more adults). Plants must be kept in an enclosed, locked area that is not visible from public view without using binoculars, aircraft, or other optical aids. Landlords may prohibit cultivation on rental properties.
Marijuana Use While Driving is Illegal
The Smart and Safe Arizona Act does not alter Arizona’s DUI laws. However, the prosecution must show that you were actually driving while impaired in order for you to be found guilty of a DUI for having THC in your system. It is not enough to just have a metabolite like carboxy-THC in your blood to be found guilty of DUI. Therefore, if you’re high on THC, the psychoactive component of marijuana, don’t drive, sail, or fly an airplane.
Arizona maintains no per se THC limit for DUI prosecution, unlike alcohol’s 0.08% BAC standard. Under A.R.S. § 28-1381, prosecutors must prove drivers were “impaired to the slightest degree” by marijuana. This principle was reinforced by the Arizona Court of Appeals in 2024, which ruled that the state cannot suspend driver’s licenses merely for THC presence without proving actual impairment. Non-impairing metabolites (Carboxy-THC) can remain detectable for 28-30 days after use without causing impairment.
Employers are Still Permitted to Forbid the Use of Marijuana at Work
The new law does not restrict your employer’s ability to keep your workplace drug- and alcohol-free. An employer may forbid you from smoking marijuana while working, just like they may do with alcohol.
Recreational marijuana users have no employment protection under Prop 207, which explicitly preserves employer rights to “prohibit or regulate conduct otherwise allowed by this chapter.” Employers may maintain drug-free workplace policies, conduct testing, and terminate recreational marijuana users. However, medical marijuana cardholders are protected under A.R.S. § 36-2813, which prohibits discrimination based solely on positive drug test results. Exceptions exist for impairment during work hours, safety-sensitive positions, federal contractors, and DOT-regulated positions.
Avoid Smoking Marijuana in Public Areas
The use of marijuana in “a public place or open area” is not permitted under Arizona’s recreational marijuana statute. Therefore, exercise extreme caution when using marijuana. Avoid doing it in front of people, close to a school, or while driving. Marijuana can only be legally consumed in private residences or enclosed personal spaces not visible to the public. Prohibited locations include all public places, parks, schools, public transportation, employer premises, dispensary premises, and motor vehicles.
If Police Smell Marijuana, They Can No Longer Conduct a Warrantless Search.
The impact of Prop 207 on your right to be free from unwarranted searches by the police is a crucial aspect of Arizona law. This clause is not widely known, yet it is very significant. “The smell of marijuana or burnt marijuana does not by itself constitute reasonable articulable suspicion of a crime,” the new law states. AR Statute 36-2852 (C).
Important Exception: This protection does not apply when a law enforcement officer is investigating whether a person has violated Arizona’s DUI laws (A.R.S. § 28-1381). In other words, while the odor of marijuana cannot justify a general vehicle search for contraband, it can justify expanding a traffic stop into a DUI investigation, including field sobriety tests. If you are arrested for DUI, the vehicle can then be searched incident to arrest.
The law of search and seizure is quite complicated. Suppose you have any concerns regarding the validity of a warrantless police search of your person, vehicle, or residence. In that case, you should get in touch with a skilled criminal defense lawyer right once.
Recreational Marijuana Delivery Is Now Available
As of November 1, 2024, recreational marijuana delivery is legal in Arizona. Previously, only medical marijuana patients had access to delivery services. The Arizona Department of Health Services adopted administrative rules permitting recreational delivery as authorized by Prop 207. Licensed dispensaries may now deliver adult-use marijuana products directly to consumers age 21 and older at their residences.
Expungement Is Now Legal in Arizona
Until recently, Arizona law did not permit the erasure of drug convictions. Certain marijuana offenses may now be wiped out under the new law. Before you submit an expungement application, you should be aware of the following.
Petitions Have Been Accepted Since July 12, 2021 With No Deadline
Beginning on July 12, 2021, petitions could be submitted. There is no deadline or sunset clause for filing expungement petitions. Eligible individuals may still file petitions in 2025 and beyond. Filing is free. As of February 2024, Maricopa County alone has processed over 26,822 petitions.
Only Certain Arrests, Charges, and Convictions Can Be Expunged
The following marijuana convictions qualify for expungement:
- Possession, consumption, or transportation of 2.5 ounces or less of marijuana, of which not more than 12.5 grams were in the form of marijuana concentrate, is the only sort of marijuana conviction that qualifies for expungement.
- Possessing, moving, or growing six or fewer marijuana plants for personal use at the person’s primary residence
- Having, carrying, or using marijuana-related accessories
- Sale-related marijuana offenses that meet quantity requirements (per State v. Sorensen, May 2023)
Recent Court Decisions Have Affected Expungement Eligibility
State v. Sorensen (May 2023): The Arizona Court of Appeals ruled that sale-related marijuana offenses qualify for expungement under A.R.S. § 36-2862(A)(1) when they meet quantity requirements. This decision overturned lower court denials and potentially qualifies thousands of additional Arizonans for record clearing.
State v. Santillanes (January 2024): The Arizona Supreme Court held that prosecutors have a constitutional right to appeal granted expungement orders. This decision makes expungements procedurally more difficult, as granted petitions may now be challenged on appeal.
State v. Bouhdida (2024): The Arizona Court of Appeals clarified that the statutory list of eligible offenses is “exhaustive” (only offenses expressly listed qualify for expungement). Simple possession for sale may qualify, but offenses like “importation” or “offer to sell” beyond possession do not.
Petitions Can Be Filed by Defendants, Defense Lawyers, and Even Prosecutors
Expungement can only take place if a petition is submitted. Expunction is not automatic. Petitions are filed in the court that adjudicated the case, and prosecutors have 30 days to respond. The court “may hold a hearing.” Therefore, it’s crucial to have all of your information correct before filing.
Large-Scale Marijuana Transportation Convictions Are Not Subject to Expungement
You are not eligible to have your arrest or conviction voided under the new law if your case involved many pounds of marijuana being transported or possessed for sale.
Courts will be compelled to dismiss charges that are still ongoing and meet the requirements for expungements in addition to expunging convictions.
Effects of Expungement
When a marijuana offense is expunged, the record is vacated and sealed. The effects include removal from background checks, and the individual’s civil rights (including voting rights and firearm rights regarding that offense) are restored immediately. Courts are also required to dismiss charges that are still ongoing and meet the requirements for expungement.
Regulation and Licensing
A transaction privilege tax (TPT) license and a Marijuana Excise Tax (MET) registration number are necessary if your company sells marijuana or marijuana-related products (see definitions). A MET registration number must be obtained in order to demonstrate ADHS licensing. Online registration for MET is not possible.
Furthermore, if you already hold a medical marijuana license, you must submit an application to change your TPT license to reflect your new business venture. Alternatively, if necessary, you must register as an adult use marijuana retail establishment in order to file your retail TPT and excise tax returns.
Arizona levies a transaction privilege tax (TPT) on marijuana sales for both medical and recreational use. Additionally, a 16% excise tax is levied on marijuana sales for adult consumption.
You must submit the Medical, Adult Use, or Dual License Transaction Privilege/Use/Excise Tax Application (JTM-1) paper registration form to get your MET registration number and get your TPT license. Application for the transaction privilege tax, use tax, and MET registration number must be made using Form JTM-1. Additionally, it can be used to sign up for unemployment insurance and employer withholding. Online registration is not possible; paper registration is required. TPT licenses must be renewed yearly and are good for one calendar year.
Tax Revenue and Distribution
Since legalization, Arizona has generated over $1 billion in combined excise and transaction privilege taxes, with over $250 million collected in 2024 alone. As of late 2023, Arizona had 169 recreational marijuana establishments operating. Revenue is distributed according to the original Prop 207 formula: 33% to community colleges, 31.4% to police and fire departments, 25.4% to the highway fund, 10% to justice reinvestment, and 0.2% to Attorney General enforcement.
Federal Developments Affecting Arizona
Rescheduling Executive Order (December 2025)
On December 18, 2025, an executive order was signed titled “Increasing Medical Marijuana and Cannabidiol Research,” directing Attorney General Pam Bondi to complete the rescheduling process “in the most expeditious manner.” The rescheduling process had begun under the previous administration when HHS recommended Schedule III classification in August 2023.
What rescheduling would mean: The most significant impact would be tax relief for cannabis businesses. Currently, marijuana businesses cannot deduct ordinary business expenses under IRC Section 280E, resulting in effective tax rates of approximately 40% on gross margins. Schedule III classification would eliminate this burden.
What rescheduling would NOT do: Rescheduling does not legalize marijuana federally. Possession remains a federal crime. It does not override Arizona’s state regulatory framework, does not automatically provide banking access, does not enable interstate commerce, and does not harmonize federal law with state recreational programs. A White House official confirmed that anyone possessing marijuana would still remain subject to arrest under federal law.
SAFE Banking Act Remains Stalled
The SAFER Banking Act passed the Senate Banking Committee 14-9 in September 2023 but has never received a full Senate floor vote due to filibuster rules. The House has passed versions of SAFE Banking seven times since 2019. Without passage, Arizona cannabis businesses continue operating primarily in cash without access to traditional banking services, credit card processing, or standard business loans.
Rohrabacher-Blumenauer Amendment May Face Removal
A key protection for Arizona’s marijuana programs is the Rohrabacher-Blumenauer Amendment, which prohibits DOJ from using funds to interfere with state medical marijuana laws. Reports indicate this amendment may have been dropped from the Trump administration’s 2025 appropriations proposal. If removed, the DOJ would regain authority to prosecute state-compliant medical marijuana operations, potentially exposing Arizona businesses, patients, and physicians to federal enforcement.
Potential 2026 Ballot Initiative to Repeal Recreational Marijuana
In December 2025, Sean Noble of American Encore filed paperwork for a ballot initiative to repeal recreational marijuana while preserving medical marijuana. The initiative must gather approximately 255,949 signatures by July 2, 2026 to qualify for the ballot. This represents an additional layer of uncertainty for Arizona’s cannabis landscape.
In Arizona, Do I Need a Lawyer for a Marijuana Offense?
It is crucial to contact a qualified Arizona drug attorney straight away if you have been detained for any marijuana-related crime in that state.
You might find it useful to seek legal counsel if you want to better understand both the legal process and the views of your community concerning drug possession prosecution.
