Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-3405 (2026)

Possession, use, production, sale or transportation of marijuana; classification; exceptions

✓ current as of May 2026
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A. Except as provided in sections 36-2852 and 36-2853, a person shall not knowingly:

1. Possess or use marijuana.

2. Possess marijuana for sale.

3. Produce marijuana.

4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana.

B. Except as provided in sections 36-2852 and 36-2853, a person who violates:

1. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of less than two pounds is guilty of a class 6 felony.

2. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of at least two pounds but less than four pounds is guilty of a class 5 felony.

3. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of four pounds or more is guilty of a class 4 felony.

4. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 4 felony.

5. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 3 felony.

6. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of more than four pounds is guilty of a class 2 felony.

7. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 5 felony.

8. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 4 felony.

9. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of more than four pounds is guilty of a class 3 felony.

10. Subsection A, paragraph 4 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 3 felony.

11. Subsection A, paragraph 4 of this section involving an amount of marijuana having a weight of two pounds or more is guilty of a class 2 felony.

C. If the aggregate amount of marijuana involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is sentenced pursuant to subsection B, paragraph 5, 6, 8, 9 or 11 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

D. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of any provision of this section to pay a fine of not less than $750 or three times the value as determined by the court of the marijuana involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title.  A judge shall not suspend any part or all of the imposition of any fine required by this subsection.

E. A person who is convicted of a felony violation of any provision of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug or narcotic drug except as lawfully administered by a practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections as appropriate during the duration of the term of probation or before the expiration of the sentence imposed.

F. If the aggregate amount of marijuana involved in one offense or all of the offenses that are consolidated for trial is less than the statutory threshold amount, a person who is sentenced pursuant to subsection B, paragraph 4, 7 or 10 and who is granted probation by the court shall be ordered by the court that as a condition of probation the person perform not less than two hundred forty hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.

G. If a person who is sentenced pursuant to subsection B, paragraph 1, 2 or 3 of this section is granted probation for a felony violation of this section, the court shall order that as a condition of probation the person perform not less than twenty-four hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.

H. If a person is granted probation for a misdemeanor violation of this section, the court shall order as a condition of probation that the person attend eight hours of instruction on the nature and harmful effects of narcotic drugs, marijuana and other dangerous drugs on the human system, and on the laws related to the control of these substances, or perform twenty-four hours of community restitution.

I. This section does not apply to either:

1. A person who is licensed pursuant to title 3, chapter 2, article 4.1 and who possesses, uses, sells, produces, manufactures or transports industrial hemp as defined in section 3-311.

2. A person who engages in the commercial production, processing, manufacturing, distribution or commerce of industrial hemp as defined in section 3-311 in this state outside of the agricultural pilot program established pursuant to title 3, chapter 2, article 4.1 if the person's actions are authorized under federal law.

Notes of Decisions
Cited in 170 cases (24 in the last 5 years), 1982–2026 · leading case: State v. Jonas, 792 P.2d 705 (Ariz. 1990).
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State v. Jonas, 792 P.2d 705 (Ariz. 1990). · cites it 12× “A.R.S. § 13-3405 [which includes marijuana].”
Matter of Marquardt, 778 P.2d 241 (Ariz. 1989). · cites it 12× “ARIZONA Ariz. Rev. Stat. Ann. § 13-3405 (A)(1); (B)(1) (Supp.”
State v. Teagle, 170 P.3d 266 (Ariz. Ct. App. 2007). · cites it 4× “A person violates § 13-3405(A)(4) by knowingly transporting marijuana for sale.”
Weller v. Arizona Dep't of Econ. Sec., 860 P.2d 487 (Ariz. Ct. App. 1993). · cites it 12× “A.R.S. § 13-3405. An initial analysis was performed with an enzyme-multiplied immunoassay test or "EMIT.”
State of Arizona v. Ronald James Sisco II, 373 P.3d 549 (Ariz. 2016). · cites it 4× “AR.S. § 13-3405(A) (criminalizing marijuana possession and use in Arizona); AR.”
State v. Chabolla-Hinojosa, 965 P.2d 94 (Ariz. Ct. App. 1998). · cites it 7× “section 13-3405, added by 1981 Ariz. Sess.”
Keenan Reed-Kaliher v. Hon. hoggat/state, 347 P.3d 136 (Ariz. 2015). · cites it 5× “¶ 16 Just as AMMA provides immunity for charges of violating § 13-3405, which would otherwise subject a person to criminal prosecution for marijuana use, AMMA also provides immunity for charges of violating § 13-3408(G), which might otherwise subject a person to revocation of…”
Rosas-Castaneda v. Holder, 655 F.3d 875 (9th Cir. 2011). · cites it 10× “To determine whether Rosas-Castaneda's conviction for "attempted transportation for sale of more than two pounds" under Ariz.Rev.Stat. § 13-3405 constitutes an aggravated felony under 8 U.”
State v. Vargas-Burgos, 783 P.2d 264 (Ariz. Ct. App. 1989). · cites it 10× “Pursuant to a plea agreement, appellee pled no contest to unlawful possession, a class 4 felony, in violation of A.R.S. § 13-3405(A)(1). Although the trial court acknowledged the mandatory nature of the applicable sentencing provision at the change-of-plea proceeding, and…”
State v. Lee, 959 P.2d 799 (Ariz. 1998). · cites it 8× “See A.R.S. § 13-3405(A)(2)("A person shall not knowingly possess marijuana for sale.”
State of Arizona v. Jamonte Lawrence Olague, 381 P.3d 269 (Ariz. Ct. App. 2016). · cites it 4× “The list includes “marijuana offenses under § 13-3405, subsection A, paragraph 4, dangerous drug offenses under § 13-3407, subsection A, paragraphs 4 and 7, [and] narcotics offenses under § 13-3408, subsection A, paragraph 7 that equal or exceed the statutory threshold amount…”
State v. Fierro, 206 P.3d 786 (Ariz. Ct. App. 2008). · cites it 5× “¶ 1 Following a jury trial, appellant Armando Fierro was convicted of transporting marijuana weighing two pounds or more for sale, a class two felony, in violation of A.R.S. § 13-3405(A)(4). The trial court sentenced him to a mitigated, four-year term of imprisonment.”
Show all 170 citing cases →
— Ariz. Rev. Stat. § 13-3405(A) — 13 cases
State of Arizona v. Ronald James Sisco II, 373 P.3d 549 (Ariz. 2016). “AR.S. § 13-3405(A) (criminalizing marijuana possession and use in Arizona); AR.”
Keenan Reed-Kaliher v. Hon. hoggat/state, 347 P.3d 136 (Ariz. 2015). “¶ 16 Just as AMMA provides immunity for charges of violating § 13-3405, which would otherwise subject a person to criminal prosecution for marijuana use, AMMA also provides immunity for charges of violating § 13-3408(G), which might otherwise subject a person to revocation of…”
State v. Francis, 388 P.3d 843 (Ariz. Ct. App. 2017).
In Re the Appeal in Pima Cnty. Juv. Delinquency Action No. 12744101, 927 P.2d 366 (Ariz. Ct. App. 1996).
Rende v. State, 812 P.2d 1047 (Ariz. Ct. App. 1990).
— Ariz. Rev. Stat. § 13-3405(A)(1) — 36 cases
Matter of Marquardt, 778 P.2d 241 (Ariz. 1989). “ARIZONA Ariz. Rev. Stat. Ann. § 13-3405 (A)(1); (B)(1) (Supp.”
State of Arizona v. Ronald James Sisco II, 373 P.3d 549 (Ariz. 2016). “AR.S. § 13-3405(A) (criminalizing marijuana possession and use in Arizona); AR.”
State v. Vargas-Burgos, 783 P.2d 264 (Ariz. Ct. App. 1989). “Pursuant to a plea agreement, appellee pled no contest to unlawful possession, a class 4 felony, in violation of A.R.S. § 13-3405(A)(1). Although the trial court acknowledged the mandatory nature of the applicable sentencing provision at the change-of-plea proceeding, and…”
State of Arizona v. Lee L.N., 340 P.3d 1085 (Ariz. Ct. App. 2014).
In Re Martin M., 221 P.3d 1058 (Ariz. Ct. App. 2009).
— Ariz. Rev. Stat. § 13-3405(A)(2) — 17 cases
State v. Lee, 959 P.2d 799 (Ariz. 1998). “See A.R.S. § 13-3405(A)(2)("A person shall not knowingly possess marijuana for sale.”
Barragan-Lopez v. Mukasey, 508 F.3d 899 (9th Cir. 2007).
State v. Chabolla-Hinojosa, 965 P.2d 94 (Ariz. Ct. App. 1998). “section 13-3405, added by 1981 Ariz. Sess.”
State v. Christian, 47 P.3d 666 (Ariz. Ct. App. 2002).
United States v. Nolf, 30 F. Supp. 3d 1200 (D.N.M. 2014).
— Ariz. Rev. Stat. § 13-3405(A)(2)(B)(5) — 1 case
Mielewczyk v. Holder, 575 F.3d 992 (9th Cir. 2009).
— Ariz. Rev. Stat. § 13-3405(A)(3) — 4 cases
Hare v. Super. Court, in & for Cty. of Pima, 652 P.2d 1387 (Ariz. 1982).
State v. One Single Fam. Residence At 1810 East Second Avenue, 969 P.2d 166 (Ariz. Ct. App. 1997).
State v. Tyrrell, 733 P.2d 1163 (Ariz. Ct. App. 1986).
State v. Figueroa, 737 P.2d 396 (Ariz. Ct. App. 1987).
— Ariz. Rev. Stat. § 13-3405(A)(4) — 32 cases
State v. Teagle, 170 P.3d 266 (Ariz. Ct. App. 2007). “A person violates § 13-3405(A)(4) by knowingly transporting marijuana for sale.”
State v. Fierro, 206 P.3d 786 (Ariz. Ct. App. 2008). “¶ 1 Following a jury trial, appellant Armando Fierro was convicted of transporting marijuana weighing two pounds or more for sale, a class two felony, in violation of A.R.S. § 13-3405(A)(4). The trial court sentenced him to a mitigated, four-year term of imprisonment.”
State v. Lee, 959 P.2d 799 (Ariz. 1998). “See A.R.S. § 13-3405(A)(2)("A person shall not knowingly possess marijuana for sale.”
State v. Chabolla-Hinojosa, 965 P.2d 94 (Ariz. Ct. App. 1998). “section 13-3405, added by 1981 Ariz. Sess.”
State v. Cota, 956 P.2d 507 (Ariz. 1998).
— Ariz. Rev. Stat. § 13-3405(B) — 4 cases
United States v. Alejandro Robles-Rodriguez, 281 F.3d 900 (9th Cir. 2002).
State v. Chabolla-Hinojosa, 965 P.2d 94 (Ariz. Ct. App. 1998). “section 13-3405, added by 1981 Ariz. Sess.”
State v. Smith, 803 P.2d 443 (Ariz. Ct. App. 1990).
State v. Scott, 924 P.2d 507 (Ariz. Ct. App. 1996).
— Ariz. Rev. Stat. § 13-3405(B)(1) — 11 cases
Matter of Marquardt, 778 P.2d 241 (Ariz. 1989). “ARIZONA Ariz. Rev. Stat. Ann. § 13-3405 (A)(1); (B)(1) (Supp.”
State Ex Rel. Dean v. Dolny, 778 P.2d 1193 (Ariz. 1989).
State v. Santillanes, 522 P.3d 691 (Ariz. Ct. App. 2022).
State Ex Rel. Brannan v. Williams, 171 P.3d 1248 (Ariz. Ct. App. 2007).
State of Arizona v. Lee L.N., 340 P.3d 1085 (Ariz. Ct. App. 2014).
— Ariz. Rev. Stat. § 13-3405(B)(10) — 2 cases
State v. Cota, 956 P.2d 507 (Ariz. 1998).
State v. Lockett (Ariz. Ct. App. 2018).
— Ariz. Rev. Stat. § 13-3405(B)(11) — 2 cases
State v. Roseberry, 111 P.3d 402 (Ariz. 2005).
State v. Watson (Ariz. Ct. App. 2017).
— Ariz. Rev. Stat. § 13-3405(B)(3) — 3 cases
United States v. Francisco Javier Soberanes, AKA Rolando Meza, 318 F.3d 959 (9th Cir. 2003).
State v. Virgo, 947 P.2d 923 (Ariz. Ct. App. 1997).
Ramos v. Holder, 597 F. App'x 529 (10th Cir. 2015).
— Ariz. Rev. Stat. § 13-3405(B)(4) — 2 cases
Goddard v. Superior Court, 956 P.2d 529 (Ariz. Ct. App. 1998).
State v. Aragon, 912 P.2d 1361 (Ariz. Ct. App. 1995).
— Ariz. Rev. Stat. § 13-3405(B)(5) — 1 case
State v. Aragon, 912 P.2d 1361 (Ariz. Ct. App. 1995).
— Ariz. Rev. Stat. § 13-3405(B)(7) — 1 case
State v. Quick, 806 P.2d 907 (Ariz. Ct. App. 1991).
— Ariz. Rev. Stat. § 13-3405(B)(9) — 2 cases
State v. Jonas, 792 P.2d 705 (Ariz. 1990). “A.R.S. § 13-3405 [which includes marijuana].”
State v. Leon, 945 P.2d 1290 (Ariz. 1997).
— Ariz. Rev. Stat. § 13-3405(B)(l) — 1 case
Goddard v. Superior Court, 956 P.2d 529 (Ariz. Ct. App. 1998).
— Ariz. Rev. Stat. § 13-3405(C) — 5 cases
State of Arizona v. Jamonte Lawrence Olague, 381 P.3d 269 (Ariz. Ct. App. 2016). “The list includes “marijuana offenses under § 13-3405, subsection A, paragraph 4, dangerous drug offenses under § 13-3407, subsection A, paragraphs 4 and 7, [and] narcotics offenses under § 13-3408, subsection A, paragraph 7 that equal or exceed the statutory threshold amount…”
State v. Quick, 806 P.2d 907 (Ariz. Ct. App. 1991).
State v. Smith, 803 P.2d 443 (Ariz. Ct. App. 1990).
State v. Scott, 924 P.2d 507 (Ariz. Ct. App. 1996).
State v. Aragon, 912 P.2d 1361 (Ariz. Ct. App. 1995).
— Ariz. Rev. Stat. § 13-3405(C)(3) — 1 case
State v. Scotia, 704 P.2d 289 (Ariz. Ct. App. 1985).
— Ariz. Rev. Stat. § 13-3405(D) — 10 cases
State v. Vargas-Burgos, 783 P.2d 264 (Ariz. Ct. App. 1989). “Pursuant to a plea agreement, appellee pled no contest to unlawful possession, a class 4 felony, in violation of A.R.S. § 13-3405(A)(1). Although the trial court acknowledged the mandatory nature of the applicable sentencing provision at the change-of-plea proceeding, and…”
State v. Delgadillo, 850 P.2d 141 (Ariz. Ct. App. 1993).
State v. Leyva, 798 P.2d 407 (Ariz. Ct. App. 1990).
State v. Pereida, 825 P.2d 975 (Ariz. Ct. App. 1992).
State v. Quick, 806 P.2d 907 (Ariz. Ct. App. 1991).
— Ariz. Rev. Stat. § 13-3405(E) — 1 case
Keenan Reed-Kaliher v. Hon. hoggat/state, 347 P.3d 136 (Ariz. 2015). “¶ 16 Just as AMMA provides immunity for charges of violating § 13-3405, which would otherwise subject a person to criminal prosecution for marijuana use, AMMA also provides immunity for charges of violating § 13-3408(G), which might otherwise subject a person to revocation of…”
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