A.R.S. § 13-3405 — Marijuana Offenses

What is legal now

Under Proposition 207, adults 21 and over may possess up to one ounce of marijuana, of which no more than five grams may be concentrate, and may grow up to six plants at their residence (twelve where two or more adults live) under specific conditions. Possession of more than one ounce but not more than 2.5 ounces is a petty offense — a fine, not jail. Public consumption and driving under the influence remain prohibited.

What is still charged under § 13-3405

Above the Prop 207 amounts, the old statute applies with its weight-based classes: possession of less than two pounds is a class 6 felony, two to four pounds a class 5, and more than four pounds a class 4. Possession for sale, production outside the home-grow rules, and transportation for sale carry higher classes still — transporting more than two pounds for sale is a class 2 felony. Minors and adults under 21 also remain subject to penalties the legalization does not touch.

Expungement of old records

Prop 207 also created a true expungement remedy — the first in Arizona — for past arrests, charges, and convictions involving 2.5 ounces or less, paraphernalia, or six or fewer plants. Courts must grant qualifying petitions, and an expunged record can lawfully be denied on most applications. If an old marijuana case is still costing you opportunities, this is worth doing.

Marijuana charges above the limits are still real felony cases, and they intersect with Prop 200 probation rules and diversion options the same way other drug charges do. See the drug possession defense page for how these cases resolve.