Arizona criminal charge
Violations in Arizona
Violations is a criminal offense under Arizona law, defined by A.R.S. § 36-2853. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 36-2853.
What is the penalty for violations in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Fine | up to $300 (Possession exceeding legal limit (up to 2.5 oz / 12.5g concentrate) — A person possesses marijuana in an amount greater than allowed under section 36-2852 but not more than two and one-half ounces (with not more than twelve and one-half grams as concentrate).; fine only — petty offenses carry no jail term (13-601(C), 13-802(D))) | discretionary | A.R.S. § 13-802 |
| Fine | up to $300 (Underage possession/consumption/transport/transfer — second violation — A person under 21 commits a second violation of possessing, consuming, transporting or transferring one ounce or less of marijuana (or up to five grams concentrate) or related paraphernalia.; fine only — petty offenses carry no jail term (13-601(C), 13-802(D))) | discretionary | A.R.S. § 13-802 |
| Jail / prison | up to 6 months (Underage possession/consumption/transport/transfer — third or subsequent violation — A person under 21 commits a third or subsequent violation of the same conduct described in subsection B.; definite term served outside state prison (13-707(A)(1)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $2,500 (Underage possession/consumption/transport/transfer — third or subsequent violation — A person under 21 commits a third or subsequent violation of the same conduct described in subsection B.; 13-802(A)) | discretionary | A.R.S. § 13-707 |
| Fine | up to $300 (Smoking marijuana in public place — A person smokes marijuana in a public place or open space.; fine only — petty offenses carry no jail term (13-601(C), 13-802(D))) | discretionary | A.R.S. § 13-802 |
| Fine | up to $300 (Unlicensed cultivation visible from public view or unsecured — first violation — An unlicensed person commits a first violation of cultivating marijuana plants visible from public view or without adequate securing against minors.; fine only — petty offenses carry no jail term (13-601(C), 13-802(D))) | discretionary | A.R.S. § 13-802 |
| Jail / prison | up to 30 days (Unlicensed cultivation visible from public view or unsecured — second or subsequent violation — An unlicensed person commits a second or subsequent violation of the cultivation visibility/security requirement.; definite term served outside state prison (13-707(A)(3)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $500 (Unlicensed cultivation visible from public view or unsecured — second or subsequent violation — An unlicensed person commits a second or subsequent violation of the cultivation visibility/security requirement.; 13-802(C)) | discretionary | A.R.S. § 13-707 |
| Fine | up to $300 (Underage false identification to obtain marijuana — first violation — A person under 21 commits a first violation of misrepresenting age or using false identification to obtain marijuana or marijuana product.; fine only — petty offenses carry no jail term (13-601(C), 13-802(D))) | discretionary | A.R.S. § 13-802 |
| Jail / prison | up to 6 months (Underage false identification to obtain marijuana — second or subsequent violation — A person under 21 commits a second or subsequent violation of using false identification to obtain marijuana or marijuana product.; definite term served outside state prison (13-707(A)(1)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $2,500 (Underage false identification to obtain marijuana — second or subsequent violation — A person under 21 commits a second or subsequent violation of using false identification to obtain marijuana or marijuana product.; 13-802(A)) | discretionary | A.R.S. § 13-707 |
| Fine | up to $300 (Underage solicitation to purchase marijuana — first violation — A person under 21 commits a first violation of soliciting another to purchase marijuana or a marijuana product.; fine only — petty offenses carry no jail term (13-601(C), 13-802(D))) | discretionary | A.R.S. § 13-802 |
| Jail / prison | up to 30 days (Underage solicitation to purchase marijuana — second or subsequent violation — A person under 21 commits a second or subsequent violation of soliciting another to purchase marijuana or a marijuana product.; definite term served outside state prison (13-707(A)(3)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $500 (Underage solicitation to purchase marijuana — second or subsequent violation — A person under 21 commits a second or subsequent violation of soliciting another to purchase marijuana or a marijuana product.; 13-802(C)) | discretionary | A.R.S. § 13-707 |
Applies to current.
How is violations classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession exceeding legal limit (up to 2.5 oz / 12.5g concentrate) | Petty Offense | A person possesses marijuana in an amount greater than allowed under section 36-2852 but not more than two and one-half ounces (with not more than twelve and one-half grams as concentrate). | A.R.S. § 36-2853A |
| Underage possession/consumption/transport/transfer — second violation | Petty Offense | A person under 21 commits a second violation of possessing, consuming, transporting or transferring one ounce or less of marijuana (or up to five grams concentrate) or related paraphernalia. | A.R.S. § 36-2853B.2 |
| Underage possession/consumption/transport/transfer — third or subsequent violation | Class 1 Misdemeanor | A person under 21 commits a third or subsequent violation of the same conduct described in subsection B. | A.R.S. § 36-2853B.3 |
| Smoking marijuana in public place | Petty Offense | A person smokes marijuana in a public place or open space. | A.R.S. § 36-2853C |
| Unlicensed cultivation visible from public view or unsecured — first violation | Petty Offense | An unlicensed person commits a first violation of cultivating marijuana plants visible from public view or without adequate securing against minors. | A.R.S. § 36-2853D.1 |
| Unlicensed cultivation visible from public view or unsecured — second or subsequent violation | Class 3 Misdemeanor | An unlicensed person commits a second or subsequent violation of the cultivation visibility/security requirement. | A.R.S. § 36-2853D.2 |
| Underage false identification to obtain marijuana — first violation | Petty Offense | A person under 21 commits a first violation of misrepresenting age or using false identification to obtain marijuana or marijuana product. | A.R.S. § 36-2853E.1 |
| Underage false identification to obtain marijuana — second or subsequent violation | Class 1 Misdemeanor | A person under 21 commits a second or subsequent violation of using false identification to obtain marijuana or marijuana product. | A.R.S. § 36-2853E.2 |
| Underage solicitation to purchase marijuana — first violation | Petty Offense | A person under 21 commits a first violation of soliciting another to purchase marijuana or a marijuana product. | A.R.S. § 36-2853F.1 |
| Underage solicitation to purchase marijuana — second or subsequent violation | Class 3 Misdemeanor | A person under 21 commits a second or subsequent violation of soliciting another to purchase marijuana or a marijuana product. | A.R.S. § 36-2853F.2 |
Common questions about violations in Arizona
Is violations a felony or a misdemeanor in Arizona?
It depends on the circumstances: violations ranges from a Petty Offense to a Class 1 Misdemeanor in Arizona under A.R.S. § 36-2853.
Possession exceeding legal limit (up to 2.5 oz / 12.5g concentrate): Petty Offense (A.R.S. § 36-2853A) · Underage possession/consumption/transport/transfer — second violation: Petty Offense (A.R.S. § 36-2853B.2) · Underage possession/consumption/transport/transfer — third or subsequent violation: Class 1 Misdemeanor (A.R.S. § 36-2853B.3) · Smoking marijuana in public place: Petty Offense (A.R.S. § 36-2853C) · Unlicensed cultivation visible from public view or unsecured — first violation: Petty Offense (A.R.S. § 36-2853D.1) · Unlicensed cultivation visible from public view or unsecured — second or subsequent violation: Class 3 Misdemeanor (A.R.S. § 36-2853D.2) · Underage false identification to obtain marijuana — first violation: Petty Offense (A.R.S. § 36-2853E.1) · Underage false identification to obtain marijuana — second or subsequent violation: Class 1 Misdemeanor (A.R.S. § 36-2853E.2) · Underage solicitation to purchase marijuana — first violation: Petty Offense (A.R.S. § 36-2853F.1) · Underage solicitation to purchase marijuana — second or subsequent violation: Class 3 Misdemeanor (A.R.S. § 36-2853F.2)
What are the penalties for violations in Arizona?
Which Arizona statute covers violations?
Violations is governed by A.R.S. § 36-2853 (Violations; classification; civil penalty; additional fine; enforcement).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.