Arizona Marijuana Laws & Regulations 2026
Arizona has both medical marijuana and recreational (adult-use) cannabis programs. Understanding the legal framework is essential for patients, consumers, and caregivers. This guide covers Arizona's marijuana laws as of December 2025.
Legal Framework Overview
Arizona's cannabis laws are governed by:
- Arizona Medical Marijuana Act (AMMA) - ARS Title 36, Chapter 28.1 (Proposition 203, approved 2010)
- Smart and Safe Arizona Act (SSAA) - ARS Title 36, Chapter 28.2 (Proposition 207, approved November 2020)
- Arizona Administrative Code R9-17 - Medical Marijuana Program Rules
- Arizona Administrative Code R9-18 - Adult Use Marijuana Rules
Is Marijuana Legal in Arizona?
Medical Marijuana: Legal since 2010 under Proposition 203 (Arizona Medical Marijuana Act). Patients with qualifying conditions can obtain medical marijuana from licensed dispensaries.
Recreational (Adult-Use): Legal since November 2020 under Proposition 207 (Smart and Safe Arizona Act). Adults 21 and older can purchase and possess cannabis from licensed dispensaries.
Possession Limits
Recreational Users (Age 21+)
- Personal Possession: Up to 1 ounce (28 grams) of cannabis flower
- Concentrates: Up to 5 grams of cannabis concentrate
- Transfer: May gift up to 1 ounce to another adult 21+ without compensation
Medical Marijuana Patients
- Possession: Up to 2.5 ounces every 14 days
- Home Cultivation: Up to 12 plants if living more than 25 miles from a licensed dispensary
- No state excise tax on medical purchases
Home Cultivation Rules
Recreational Cultivation (Age 21+)
Under Proposition 207:
- Maximum 6 plants per adult
- Maximum 12 plants per household (regardless of number of adults)
- Plants must be grown in an enclosed, locked space
- Plants must not be visible from public areas without optical aids
- Cannot sell or distribute home-grown cannabis
Medical Patient Cultivation
- Only permitted if patient lives more than 25 miles from nearest dispensary
- Up to 12 plants allowed
- Must register cultivation with ADHS
Consumption Laws
Where You CAN Use Cannabis
- Private residences (with property owner permission)
- Designated consumption areas at licensed establishments (limited availability)
Where You CANNOT Use Cannabis
- Any public place (per ARS 36-2852)
- In a motor vehicle
- On federal property
- At schools, universities, and childcare facilities
- In the presence of minors
- Workplaces (unless employer permits)
- Any location where smoking tobacco is prohibited
Penalty for Public Consumption: Civil penalty up to $300 for first offense.
Driving Under the Influence
Arizona has a unique DUI standard for cannabis:
Per ARS 28-1381: You cannot drive while impaired to the slightest degree by marijuana. However, unlike many states, Arizona requires proof of actual impairment, not just the presence of THC metabolites.
- The Arizona Supreme Court (State v. Harris, 2014) ruled that inactive THC metabolites alone cannot support a DUI conviction
- Prosecution must prove impairment through field sobriety tests, driving behavior, or other evidence
- Medical marijuana patients have an affirmative defense if they can show they were not impaired
Penalties:
- First offense: Minimum 10 days jail (9 suspended with conditions), fines up to $1,250, license suspension
- Repeat offenses: Increased jail time, higher fines, mandatory ignition interlock
Taxation
Recreational Cannabis
- 16% excise tax (Arizona Department of Revenue)
- Plus standard state sales tax (5.6%)
- Plus local sales taxes (varies by municipality)
- Total tax rate: Approximately 20-25% depending on location
Medical Marijuana
- Exempt from the 16% excise tax
- Standard sales tax may apply
- Significant savings compared to recreational purchases
Revenue Allocation
Proposition 207 directs recreational cannabis tax revenue to:
- Community colleges
- Public safety (police, fire departments)
- Infrastructure improvements
- Arizona Highway User Revenue Fund
- Community reinvestment grants
- Expungement services
Licensing & Regulation
The Arizona Department of Health Services (ADHS) oversees:
- Medical marijuana dispensary licensing
- Patient and caregiver registry
- Compliance and enforcement
License Types
- Dispensary License: Sell to qualified patients and recreational consumers
- Cultivation License: Grow cannabis plants
- Manufacturing License: Process cannabis into products
- Testing Laboratory License: Test products for safety and potency
Employment Rights
Arizona law provides limited protections for medical marijuana patients:
- Employers CANNOT discriminate against employees solely for being a registered cardholder
- Employers CAN maintain drug-free workplace policies
- Employers CAN take action for impairment on the job
- Employers CAN refuse to hire if positive drug test indicates recent use
- Safety-sensitive positions may have additional restrictions
Note: These protections apply to medical patients only—recreational users have no employment protections.
Medical Marijuana vs. Recreational: Key Differences
| Feature | Medical | Recreational |
|---|---|---|
| Minimum Age | 18 (minors with caregiver) | 21 |
| Possession Limit | 2.5 oz per 14 days | 1 oz flower, 5g concentrate |
| Excise Tax | Exempt | 16% |
| Home Cultivation | 12 plants (if 25+ miles from dispensary) | 6 plants per adult |
| Employment Protection | Limited | None |
| Product Potency | Higher limits available | Standard limits |
Recent Legislative Updates
- 2020: Proposition 207 passed (60% approval), legalizing recreational cannabis
- 2021: Recreational sales began January 22, 2021
- 2023: Delivery services expanded
- 2024: Legal delivery services for recreational marijuana launched
- 2025: HB 2179 - New advertising regulations to limit marketing to minors (effective 2026)
Social Equity Programs
Arizona's cannabis program includes social equity provisions:
- Priority licensing for communities disproportionately impacted by marijuana prohibition
- Community reinvestment fund grants
- Automatic expungement of eligible marijuana offenses
- Business incubator programs
Penalties for Violations
Possession Over Legal Limits
- Personal use amounts over limit: Class 6 felony (up to 2 years)
- Large amounts: Class 4 felony (up to 3.75 years)
Distribution Without License
- Under 2 pounds: Class 4 felony
- Over 2 pounds: Class 2 felony (up to 12.5 years)
Sale to Minors
- Class 2 felony with enhanced penalties
Local Regulations
Municipalities may:
- Set operating hours for dispensaries
- Establish zoning restrictions
- Require local business licenses
- Restrict consumption areas
Some cities have opted out of allowing recreational dispensaries—check local ordinances.
Resources
- Arizona Department of Health Services - Medical Marijuana
- Arizona Revised Statutes Title 36, Chapter 28.1 (Medical)
- Arizona Revised Statutes Title 36, Chapter 28.2 (Recreational)
- Arizona Administrative Code R9-17 (Medical Rules)
- Arizona Administrative Code R9-18 (Adult Use Rules)
- Find Licensed Dispensaries