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Is it legal to grow cannabis in Arizona?

Is it legal to grow cannabis in Arizona?

9/22/2022 3:03:28 PM   |   Comments: 0   |   Views: 20

As the several benefits of legalizing marijuana usage, cultivation and distribution are being unfolded with each passing day, several states in the US have formulated policies legalizing cannabis. One of the major benefits of enacting laws supporting the usage of cannabis is the economic advantage it offers. 

Currently, statistics project a $12 billion tax revenue generation from the United States cannabis sector by the year 2030. And these figures are still set to increase as more states create legislation decriminalizing its consumption and cultivation. 

Therefore it is not surprising to see states like Arizona joining the train in 2010 for medical cannabis and in 2020 for recreational cannabis. In this article, we shall explore the rules of cannabis cultivation under the Arizonian marijuana laws.

Also, we shall examine the laws relating to the consumption, possession, and distribution of cannabis in the Grand Canyon state. Keep reading to discover the legal constraints of cultivating cannabis seeds in Arizona.

Exploring the legal stance of Arizona on Marijuana 

According to proposition 207, before a person can grow cannabis in Arizona, they must be 21 years of age or older. The cannabis marijuana laws of Arizona limit the recreational cultivation of plants per individual to 6. However, if there are 2 or more adults in a household, they can grow a maximum of 12 plants. 

Failure to comply with this directive constitutes a felony that attracts a maximum prison sentence of 7 years and a fine of $1000. In imposing sanctions, the factors usually considered are the category of the felony and the weight of the plants which are usually measured in pounds. 

Arizona’s intolerance for Outdoor cultivation 

Also, the Safe and Smart Act prohibits the cultivation of cannabis in spaces that are visible to the public and easily accessible to minors. Hence, Highway420 advises growers to either cultivate their plants indoors or build structures that would shield the plants from public view and authorized access. 

Laws regulating medical cannabis cultivation – pre and post-cultivation laws.

On the other hand, registered medical patients or their caregivers can cultivate a maximum of 12 plants provided that they have a medical marijuana card and they live 25 miles away from a licensed dispensary. It should be noted that fulfilling only one of these conditions renders cultivation illegal. 

Before an individual can be issued a MMC by the Arizonian Department of Health Services, they must have received a written certification from a state-licensed physician. This certification aims to show that the recipient has a condition that requires the usage of cannabis. 

Arizonian laws on cannabis consumption 

Under Arizonian laws, individuals who are below the legal age of 21 can't consume cannabis. The law also prohibits the consumption of cannabis in public spaces and federal lands. Consuming cannabis in public areas is considered a petty offense.  

Hence the only approved place to smoke is the private property of the user. Individuals who are under a rental agreement must seek the consent of their landlords before they begin usage. This is because landlords are at liberty to permit or prohibit smoking on their property. 

Also in Arizona, employers are legally empowered to make anti-marijuana policies in the workplace. Therefore, an individual may be fired due to recreational cannabis use at work. 

Arizonian laws on cannabis possession

Under Proposition 207, individuals who are 21 years or older can legally possess up to an ounce of cannabis and 5 grams of cannabis concentrates. However medical users have the privilege of possessing a maximum of 2.5 ounces. From the above, it can be implied that Arizona prohibits underage possession of cannabis. When an individual who is below the age of 21 is found possessing marijuana, his act can either be classified as a civil penalty, petty offense, or a class 1 misdemeanor. 

Penalties for exceeding the state’s limit on marijuana possession 

Currently, individuals caught in possession of more than one ounce of cannabis but less than 2.5 ounces are liable to a maximum fine of $300.  Under the law, this act is deemed a civil penalty. It is necessary to note that the cannabis described here is cannabis possessed for adult use.

Furthermore, individuals in possession of less than 2 pounds of cannabis may be liable to a maximum sentence of 18 months and a minimum fine of $1000. If the defaulting individual is granted probation after being convicted, he or she must undergo a day of supervised community service. 

Any individual caught possessing marijuana weighing 2-4 pounds may be punished with a maximum jail term of 2 years and a minimum fine of $1000. Just like the above offense, the individual also undergoes a 24hr supervised community service.

In addition, possessing marijuana of more than 4 pounds attracts a maximum sentence of 3 years and a maximum fine of $150,000. It should be noted that the above offenses are felonies under Arizona marijuana laws. Hence, the reason why they carry a heavier sentence than felonies. 

Laws governing the sale of cannabis in Arizona 

In Arizona, it is legal for an adult to transfer a maximum of one ounce of cannabis to another adult as long as there is no monetary compensation or any form of public advertisement. 

Under the canyon’s state laws, possessing marijuana less than 2 pounds with the intent to sell is punishable with a maximum sentence of 3 years and a fine of $150,000. On the other hand, possessing cannabis of between 2-4 pounds for sale attracts a maximum sentence of 7 years and a minimum fine of $1000. 

However, possessing cannabis of more than 4 pounds is punishable by a maximum prison sentence of 10 years and a minimum fine of $1000.  

In Conclusion 

Cultivating cannabis in a state like Arizona is very easy provided the grower understands the rules guiding the process. According to Herbies, the way to avoid the wrath of the law is by making sufficient research about every legislation touching on this subject. Therefore, growers should prioritize seeking legal knowledge before they commence cultivation. 

Also, growers who wish to sell cannabis should ensure that they obtain their licenses from the Arizona Department of Health Services (ADHS). Failure to get a license may attract the imposition of heavy fines or jail terms which can be avoided. Especially when one considers that the money usually imposed as a fine is costlier than getting a state-issued license. 

 

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