Is Weed Legal in Arizona? (2026)

Instrument

Allowable possession and personal use of marijuana; penalties

Source

https://www.azleg.gov/ars/36/02852.htm

Retrieved

2026-11-07

Fingerprint

4490aa1c1124a356

A.R.S. 36-2852. Allowable possession and personal use of marijuana, marijuana products and marijuana paraphernalia

A. Except as specifically and expressly provided in sections 36-2851 and 36-2853 and notwithstanding any other law, the following acts by an individual who is at least twenty-one years of age are lawful, are not an offense under the laws of this state or any locality, may not constitute the basis for detention, search or arrest, and cannot serve as the sole basis for seizure or forfeiture of assets, for imposing penalties of any kind under the laws of this state or any locality or for abrogating or limiting any right or privilege conferred or protected by the laws of this state or any locality:

1. Possessing, consuming, purchasing, processing, manufacturing by manual or mechanical means, including sieving or ice water separation but excluding chemical extraction or chemical synthesis, or transporting one ounce or less of marijuana, except that not more than five grams of marijuana may be in the form of marijuana concentrate.

2. Possessing, transporting, cultivating or processing not more than six marijuana plants for personal use at the individual’s primary residence, and possessing, processing and manufacturing by manual or mechanical means, including sieving or ice water separation but excluding chemical extraction or chemical synthesis, the marijuana produced by the plants on the premises where the marijuana plants were grown if all of the following apply:

(a) Not more than twelve plants are produced at a single residence where two or more individuals who are at least twenty-one years of age reside at one time.

(b) Cultivation takes place within a closet, room, greenhouse or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors.

(c) Cultivation takes place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft or other optical aids.

3. Transferring one ounce or less of marijuana, of which not more than five grams may be in the form of marijuana concentrate, to an individual who is at least twenty-one years of age if the transfer is without remuneration and is not advertised or promoted to the public.

4. Transferring up to six marijuana plants to an individual who is at least twenty-one years of age if the transfer is without remuneration and is not advertised or promoted to the public.

5. Acquiring, possessing, manufacturing, using, purchasing, selling or transporting paraphernalia relating to the cultivation, manufacture, processing or consumption of marijuana or marijuana products.

6. Assisting another individual who is at least twenty-one years of age in any of the acts described in this subsection.

B. Notwithstanding any other law, a person with metabolites or components of marijuana in the person’s body is guilty of violating section 28-1381, subsection A, paragraph 3 only if the person is also impaired to the slightest degree.

C. Notwithstanding any other law, the odor of marijuana or burnt marijuana does not by itself constitute reasonable articulable suspicion of a crime.  This subsection does not apply when a law enforcement officer is investigating whether a person has violated section 28-1381.

A.R.S. 36-2853. Violations; classification; civil penalty; additional fine; enforcement

A. Notwithstanding any other law and except as otherwise provided in this chapter, a person who possesses an amount of marijuana greater than the amount allowed pursuant to section 36-2852, but not more than two and one-half ounces of marijuana, of which not more than twelve and one-half grams is in the form of marijuana concentrate, is guilty of a petty offense.

B. Notwithstanding any other law, a person who is under twenty-one years of age and who possesses, consumes, transports or transfers without remuneration one ounce or less of marijuana, of which not more than five grams is in the form of marijuana concentrate, or paraphernalia relating to the consumption of marijuana or marijuana products:

1. For a first violation, shall pay a civil penalty of not more than $100 to the smart and safe Arizona fund established by section 36-2856 and in the court's discretion may be ordered to attend up to four hours of drug education or counseling.

2. For a second violation, is guilty of a petty offense, and in the court's discretion may be ordered to attend up to eight hours of drug education or counseling.

3. For a third or subsequent violation, is guilty of a class 1 misdemeanor.

C. A person who smokes marijuana in a public place or open space is guilty of a petty offense.

D. Except as otherwise provided in chapter 28.1 of this title and notwithstanding any other law, any unlicensed person who cultivates marijuana plants pursuant to section 36-2852 where they are visible from public view without using binoculars, aircraft or other optical aids or outside of an enclosed area that is equipped with a lock or other security device that prevents access by minors is guilty of:

1. For a first violation, a petty offense.

2. For a second or subsequent violation, a class 3 misdemeanor.

E. A person who is under twenty-one years of age and who misrepresents the person’s age to any other person by means of a written instrument of identification or who uses a fraudulent or false written instrument of identification with the intent to induce a person to sell or otherwise transfer marijuana or a marijuana product to the person who is under twenty-one years of age is guilty of:

1. For a first violation, a petty offense.

2. For a second or subsequent violation, a class 1 misdemeanor.

F. A person who is under twenty-one years of age and who solicits another person to purchase marijuana or a marijuana product in violation of this chapter is guilty of:

1. For a first violation, a petty offense.

2. For a second or subsequent violation, a class 3 misdemeanor.