ARS 36-2853: Violations
The complete text of A.R.S. § 36-2853 on violations, what the State has to prove, and the sentencing range, with a violation charged as a class 1 misdemeanor and exposure reaching up to 6 months in jail.
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Penalties for a § 36-2853 Conviction
A.R.S. § 36-2853 is the Arizona statute on violations. A violation is a class 1 misdemeanor, depending on the paragraph charged and what the State can prove. The maximum exposure is 6 months in jail.
| Class | Maximum jail | Maximum fine |
|---|---|---|
| Class 1 misdemeanor | 6 months | $2,500 |
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. § 36-2853
(Caution: 1998 Prop. 105 applies)
A. Notwithstanding any other law and except as otherwise provided in this chapter, a person who possesses an amount of marijuana greater than the amount allowed pursuant to section 36-2852, but not more than two and one-half ounces of marijuana, of which not more than twelve and one-half grams is in the form of marijuana concentrate, is guilty of a petty offense.
B. Notwithstanding any other law, a person who is under twenty-one years of age and who possesses, consumes, transports or transfers without remuneration one ounce or less of marijuana, of which not more than five grams is in the form of marijuana concentrate, or paraphernalia relating to the consumption of marijuana or marijuana products:
1. For a first violation, shall pay a civil penalty of not more than $100 to the smart and safe Arizona fund established by section 36-2856 and in the court’s discretion may be ordered to attend up to four hours of drug education or counseling.
2. For a second violation, is guilty of a petty offense, and in the court’s discretion may be ordered to attend up to eight hours of drug education or counseling.
3. For a third or subsequent violation, is guilty of a class 1 misdemeanor.
C. A person who smokes marijuana in a public place or open space is guilty of a petty offense.
D. Except as otherwise provided in chapter 28.1 of this title and notwithstanding any other law, any unlicensed person who cultivates marijuana plants pursuant to section 36-2852 where they are visible from public view without using binoculars, aircraft or other optical aids or outside of an enclosed area that is equipped with a lock or other security device that prevents access by minors is guilty of:
1. For a first violation, a petty offense.
2. For a second or subsequent violation, a class 3 misdemeanor.
E. A person who is under twenty-one years of age and who misrepresents the person’s age to any other person by means of a written instrument of identification or who uses a fraudulent or false written instrument of identification with the intent to induce a person to sell or otherwise transfer marijuana or a marijuana product to the person who is under twenty-one years of age is guilty of:
1. For a first violation, a petty offense.
2. For a second or subsequent violation, a class 1 misdemeanor.
F. A person who is under twenty-one years of age and who solicits another person to purchase marijuana or a marijuana product in violation of this chapter is guilty of:
1. For a first violation, a petty offense.
2. For a second or subsequent violation, a class 3 misdemeanor.
Source: Arizona Revised Statutes § 36-2853, Arizona Legislative Council revision of 09/20/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
How Tamou Law Group Defends § 36-2853 Cases
A § 36-2853 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 1 misdemeanor and something far less serious, and it is where these cases are won.
We handle violations 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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Frequently Asked Questions
What is A.R.S. § 36-2853?
A.R.S. § 36-2853 is the Arizona statute on violations. A violation is a class 1 misdemeanor, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 36-2853 a felony in Arizona?
No. Under the statute a violation is a class 1 misdemeanor, so the exposure reaches up to 6 months in jail. The paragraph charged and the facts decide which class applies.
What is the maximum penalty for a class 1 misdemeanor?
A.R.S. 13-707 caps jail at 6 months for a class 1 misdemeanor and A.R.S. 13-802 caps the fine at $2,500, before surcharges. A judge may also impose probation and other conditions.
Where can I read the official text of § 36-2853?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/20/25. 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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