The provisions of Section 13.3415 of the Arizona Revised Statutes prohibit marijuana possession with intent to distribute. Marijuana possession with intent to distribute means carrying or manufacturing marijuana with the goal of transferring or delivering it to others. Marijuana possession in Arizona is different from possession with intent to distribute. As stipulated in Section 36.2852 of the Arizona Revised Statutes, possessing up to one ounce of cannabis (which may include up to five grams of marijuana concentrates) or six cannabis plants for personal use is legal in the state. Persons carrying more than the permissible amount of marijuana could be charged for marijuana possession and punished according to the provisions of Section 13.3405 of the Arizona Revised Statutes.
Generally, the degrees of punishment offenders receive for marijuana possession or possession with intent to distribute vary depending on the quantities of marijuana products recovered from them. For a marijuana possession with intent to distribute conviction to stand in Arizona, there must be substantial evidence suggesting that an offender had plans to sell or transfer marijuana products illegally. Typically, prosecutors point to pieces of evidence such as large sums of money, sales ledgers, small bags used for unit packaging of cannabis for sale, phone records, and text messages when trying to prove cannabis possession with intent to distribute.
The Arizona Medical Marijuana Act makes it legal for registered medical marijuana patients and caregivers 18 years or older to enter cannabis dispensaries and obtain cannabis products. However, minors (persons under 18) cannot get their marijuana prescriptions themselves. Also, according to Section 36.2858 of the Arizona Revised Statutes, a person must be up to 21 years before they can legally enter recreational cannabis dispensaries in the state and purchase marijuana products.
Medical marijuana patients cannot obtain cannabis products at dispensaries without presenting medical marijuana registry ID cards and government-issued photo identification. Also, Section 36.2858 of the Arizona Revised Statutes requires that adults purchasing cannabis products at dispensaries have valid photo identification showing they are up to 21 years.
Per Section 13.3405 of the Arizona Revised Statutes, marijuana possession with intent to distribute could attract the following penalties:
Class-4 felony punishment: An offender could face 1.5 to 3 years imprisonment if the marijuana product found on them weighs less than 2 pounds
Class-3 felony punishment: An offender risks 2.5 to 7 years jail term if the marijuana product recovered from them weighs between 2 to 4 pounds
Class-2 felony punishment: An offender could face 4 to 10 years imprisonment if they are found with over 4 pounds of marijuana
Furthermore, as stipulated in Section 13.3405(D) of the Arizona Revised Statutes, a court may impose a $750 fine or a fine three times the value of the marijuana recovered from an offender convicted of possession with intent to distribute. Marijuana is a Schedule I controlled substance at the federal level, so it is illegal to use, possess, or sell cannabis products under federal law. The penalties outlined in 21 U.S.C 841 for cannabis possession with intent to distribute are harsher than the punishments in Arizona Revised Statutes. Unlike Arizona law which does not impose life imprisonment on offenders for marijuana possession with intent to distribute, offenders could serve life sentences for such crimes federally. In addition, hefty fines could be imposed on offenders charged with marijuana possession with intent to distribute at the federal level, depending on the amount of marijuana involved. For instance, possessing 100 to 999 kilograms of cannabis products could attract a $500,000 fine, while carrying 1,000 kilograms or more of marijuana is punishable by a $1,000,000 fine if evidence suggests an intent to distribute.
Yes. Marijuana sale means the transfer of cannabis products for remuneration. After Arizona legalized recreational cannabis on November 3, 2020, through Proposition 207 (the Smart and Safe Act), codified in Chapter 28.2 of the Arizona Revised Statutes, it became legal to sell cannabis for recreational purposes in the state. This law allowed licensed marijuana establishments to sell cannabis products to adults 21 years or older. Section 36.2852 of the Arizona Revised Statutes stipulates that adults can give up to one ounce of marijuana or six marijuana plants to other adults without remuneration. Only establishments with valid licenses can offer cannabis products for money in the state. Before the enactment of Proposition 207, the Arizona Medical Marijuana Act (Proposition 203), which legalized medical cannabis in the state, was approved. Therefore patients diagnosed with specific medical conditions can legally purchase cannabis products from medical marijuana dispensaries in the state.
As stated in Section 36.2858 of the Arizona Revised Statutes, licensed marijuana establishments may grow and process marijuana plants, manufacture cannabis products, and sell them to persons 21 years or older. Marijuana establishments in Arizona can also transport cannabis products within the state and purchase marijuana supplies from other cannabis establishments. They cannot buy cannabis products from unlicensed sources. Therefore, persons or entities interested in selling cannabis to dispensaries in the state must obtain marijuana establishment licenses from the Arizona Department of Health Services (ADHS). One of the motivating factors for joining the legal cannabis industry as a distributor is the economic benefit. Selling cannabis to dispensaries gives businesses and individuals the opportunity to make significant profits and create jobs within their localities.
Arizona does not issue marijuana distribution licenses. Typically, cannabis distribution licenses allow license holders to manufacture cannabis products, store them, and transport them to dispensaries for sale to consumers. Currently, Arizona only allows licensed cannabis establishments to provide cannabis supplies to other businesses.