Menu Menu Email Contact 602-795-8204 Call
The Blumenreich Law Firm
Véase el sitio web en InglésEspaňol
Get a Free Consultation Today!

May 17, 2023

Getting to Know the Latest Arizona Marijuana Laws

Filed under: Drugs & Narcotics — admin @ 10:54 am

Great news for Arizona citizens (or those visiting from surrounding states) who like to partake in recreational pot. As of 2020, Arizona officially joined the “weed states” making it the 12th state to fully legalize the use of recreational marijuana. There are currently 22 states that have legalized weed for recreational purposes and 38 states that have legalized cannabis for medical uses.

As exciting as this may sound for recreational users, you still need to be responsible and aware of the regulations surrounding the use of marijuana in Arizona. Here’s a brief explanation of the latest Arizona marijuana law passed in November 2020.

Find quick answers to these commonly asked questions about the use of marijuana in Arizona.

Prop 207: The Safe and Smart Act

On November 3, 2020, Proposition 207 passed with a 60% majority! The Safe and Smart Act legalized the use of recreational marijuana for adults aged 21 and over. This means that you can now possess 1 ounce of weed in Arizona without facing criminal consequences.

Despite being legalized, it’s important to be aware of the restrictions surrounding the use of legal pot. If you are caught with more than 1 ounce of weed, you could be charged with a felony. You also need proper licensing to distribute weed via recreational dispensaries. Here’s a little more information on the new regulations.

Personal Use

The rules for personal use of recreational marijuana in the state of Arizona are rather simple. According to Title 36, Chapter 28.2, Section 36-2852 you are only allowed to possess 1 ounce of marijuana at a time. 

You should also keep in mind that the age requirement for recreational marijuana is 21 – not 18. Though medical marijuana can be obtained at the age of 18 with the appropriate medical card, marijuana can only be used recreationally if you’re 21 or older. 

You also can’t smoke in public spaces within Arizona’s state lines. You may only smoke recreational marijuana in private areas like the comfort of your home. 


You can now find recreational marijuana dispensaries throughout the Grand Canyon State. However, if you’re interested in running your own dispensary, you might have to wait a while for the proper licensing. Title 36, Chapter 28.2, Section 36-2854 states that The Arizona Department of Health Services can only issue one establishment license for every 10 registered pharmacies that operate within the state. 

The new laws continue to express strict regulations stating that there can be no more than two licensed marijuana establishments per county. All marijuana establishment applicants who meet the requirements above are then chosen at random for licensing.

As you can see, it’s not easy to start a recreational marijuana dispensary, so it might not be the best investment when looking at potential businesses. 


Any violations of the laws surrounding legal pot can lead to serious fines or criminal charges. Carrying more than the ounce allowed by Arizona state law can quickly become a misdemeanor for a repeat offense or lead to a felony offense. 

You also cannot operate any kind of vehicle under the influence of marijuana such as a car, boat, or aircraft. Doing so could result in DUI charges that may lead to heavy fines or worse. 

Violating laws about growing weed can also lead to charges such as petty offenses or a class 3 misdemeanor for continuous violations. 

You can find more information on the charges that come with violating Arizona’s newest marijuana laws in Title 36, Chapter 28.2, Section 36-2853

Common Questions About Marijuana in Arizona

Does Arizona have recreational dispensaries?

Yes. Arizona now has recreational dispensaries all over the state for adults 21 and over. 

Can I Drive to Arizona with Marijuana?

No. While marijuana is now legal in Arizona, it is still illegal to transport cannabis across state lines.

Is marijuana still a felony in Arizona?

Despite being legalized, you may face felony charges if you possess more than an ounce of weed. You can also face misdemeanors or petty offenses for violating Arizona’s marijuana laws.

Is recreational marijuana now legal in Arizona?

Yes. Recreational marijuana is now legal in Arizona. But make sure you know the state’s regulations before lighting up.

Can you smoke and drive in Arizona?

No. Driving with any amount of cannabis in your system is considered a DUI and can result in criminal charges.

Can you smoke in public places in Arizona?

No. Arizona is a smoke-free state. This means you cannot smoke in public spaces.

How much weed can you legally own in Arizona?

You can possess up to 1 ounce of weed in the state of Arizona. Any more than an ounce can result in drug possession charges.

Light Up Responsibly

Arizona Marijuana laws are constantly evolving. The latest weed laws in Arizona legalizing recreational marijuana are opening doors all over the state. Adults throughout the state now have the freedom to possess legal marijuana for personal use and sell licensed weed at recreational dispensaries all over Arizona. Before you open a shop or start lighting up, make sure you know the ins and outs of the latest AZ marijuana laws.

If you run into trouble with the law and need help fighting cannabis-related charges in Arizona, contact The Blumenreich Law Firm. We offer experienced criminal defense against DUIs and Drug Possession charges throughout the city of Phoenix. Call for a consultation with one of the best criminal defense lawyers in the state at 602-795-8204