ARS 13-3405: Marijuana Offenses
The complete text of A.R.S. § 13-3405 on marijuana offenses, what the State has to prove, and the sentencing range, with a violation charged as a class 2 through 6 felony and exposure reaching up to 12.5 years in prison.
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ARS 13-3405 Marijuana Offenses: What the State Must Prove
A.R.S. § 13-3405 makes it a felony to knowingly possess, use, produce, sell or transport marijuana outside the limits of Arizona’s adult-use (§ 36-2852) and medical marijuana laws. Since Proposition 207, an adult may possess up to one ounce and grow six plants; above those limits, the class depends on weight and purpose, from a class 6 felony for personal possession under two pounds to a class 2 felony for sale of more than four pounds.
- Possession or use: under 2 pounds class 6 felony; 2 to 4 pounds class 5; 4 pounds or more class 4. Production: under 2 pounds class 5; 2 to 4 pounds class 4; more than 4 pounds class 3.
- Possession for sale: under 2 pounds class 4; 2 to 4 pounds class 3; more than 4 pounds class 2. Transport or sale: under 2 pounds class 3; 2 pounds or more class 2.
- At or above the 2-pound statutory threshold, sale, production and transport convictions are flat time with no probation. First-time personal possession still gets mandatory probation under Proposition 200.
- Possession of up to 2.5 ounces by an adult is a petty offense under § 36-2853, not a felony, and prior convictions for amounts now legal can be expunged under § 36-2862.
Elements the State must prove beyond a reasonable doubt
- A knowing mental state as to the act and the nature of the substance.
- One of the four acts in subsection A: possess or use (1), possess for sale (2), produce (3), or transport for sale, import, sell or transfer (4).
- That the conduct fell outside the adult-use exemptions in §§ 36-2852 and 36-2853 (one ounce, with up to five grams of concentrate, and six plants per adult, twelve per household) and the medical marijuana program.
- Weight, which sets the class within each paragraph, and for sale counts, intent to sell proved by packaging, scales, quantity or messages.
How the statute itself lists the conduct
A. Except as provided in sections 36-2852 and 36-2853, a person shall not knowingly:
- Possess or use marijuana.
- Possess marijuana for sale.
- Produce marijuana.
- 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.
The State must prove every element of the paragraph it actually charged, beyond a reasonable doubt. Which paragraph appears on the complaint decides what the case is about, and it is the first thing to check.
Penalties for a § 13-3405 Conviction
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 felony | 3 years | 4 years | 5 years | 10 years | 12.5 years |
| Class 3 felony | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
| Class 4 felony | 1 year | 1.5 years | 2.5 years | 3 years | 3.75 years |
| Class 5 felony | 6 months | 9 months | 1.5 years | 2 years | 2.5 years |
| Class 6 felony | 4 months | 6 months | 1 year | 1.5 years | 2 years |
Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.
Full Text of A.R.S. § 13-3405
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.
Source: Arizona Revised Statutes § 13-3405, as published by the Arizona Legislature. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Our Guides on This Charge
Written by our defense team on how these cases run in Arizona courts.
- Is Selling Marijuana a Felony in Arizona? ARS 13-3405
- Marijuana Lawyer
- What Are the Top 10 Defenses for a Drug Charge?
Related Statutes in Chapter 34 — Drug Offenses
- A.R.S. § 13-3404 — Sale of precursor or regulated chemicals
- A.R.S. § 13-3404.01 — Possession or sale of precursor chemicals, regulated chemicals, substances or equipment
- A.R.S. § 13-3406 — Possession, use, administration, acquisition, sale, manufacture or transportation of prescription-only drugs
- A.R.S. § 13-3403 — Possession and sale of a vapor-releasing substance containing a toxic substance
- A.R.S. § 13-3403.01 — Nitrous oxide containers
- A.R.S. § 13-3403.02 — Selling or giving nitrous oxide to underage person
- A.R.S. § 13-3407 — Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs
- A.R.S. § 13-3407.01 — Manufacturing methamphetamine under circumstances that cause physical injury to a minor
How Tamou Law Group Defends § 13-3405 Cases
A § 13-3405 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 2 through 6 felony and something far less serious, and it is where these cases are won.
We handle marijuana offenses cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.
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Why Tamou Law Group for Drug Charges
Most Arizona drug cases begin with a stop and a search, and they are won or lost on whether that search was lawful and whether the lab can prove what was found. We litigate both before we ever talk about a plea.
Diversion and dismissal-track outcomes
Our published results include diversion on narcotic, dangerous-drug and marijuana possession cases, and reduced charges on transportation-for-sale allegations. Where the stop or the lab is weak, we push for an outcome that leaves no conviction.
We know how drug cases are built
Former prosecutors and law enforcement officers on our team have built drug cases for the State. They know the search-and-seizure sequence a stop must follow, the chain-of-custody records a lab must keep, and what happens when either one is missing.
Possession versus sale
The line between possession and possession for sale is the line between probation and mandatory prison. We attack the inference of sale, from text messages to packaging to the weight thresholds, because that is where years of exposure sit.
Published results in this area
| Case | Charges | Outcome |
|---|---|---|
| State v. N.K. | Possession of narcotic drugs and paraphernalia (A.R.S. 13-3408, 13-3415) | Diversion |
| State v. E.T. | Possession of dangerous drugs, paraphernalia and resisting arrest (13-3407, 13-3415) | Diversion |
| State v. Y.T. | Possession of marijuana, paraphernalia and dangerous drugs (13-3405, 13-3415) | Diversion |
| State v. Z.J. | Transportation of dangerous drugs for sale (13-3407) | Reduced charge |
| State v. A.N. | Transportation and possession of narcotic drugs for sale (13-3408) | Reduced charge |
Anonymized outcomes from our case results page. Every case is different; past results do not guarantee a future outcome.
Frequently Asked Questions
What is A.R.S. § 13-3405?
A.R.S. § 13-3405 makes it a felony to knowingly possess, use, produce, sell or transport marijuana outside the limits of Arizona’s adult-use (§ 36-2852) and medical marijuana laws. Since Proposition 207, an adult may possess up to one ounce and grow six plants; above those limits, the class depends on weight and purpose, from a class 6 felony for personal possession under two pounds to a class 2 felony for sale of more than four pounds.
Is a violation of § 13-3405 a felony in Arizona?
Yes. Under the statute a violation is a class 2 through 6 felony, so the exposure reaches up to 12.5 years in prison. The paragraph charged and the facts decide which class applies.
What is the sentence for a class 2 felony in Arizona?
For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 2 felony at 3 years to 12.5 years, with a presumptive term of 5 years. Dangerous, repetitive and dangerous-crimes-against-children sentencing under 13-703, 13-704 and 13-705 runs longer.
Where can I read the official text of § 13-3405?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.