Legally growing marijuana in Arizona

Legally growing marijuana in
Feb 28 2022
Ryan Garvey Attorneys

In November 2020, the state enacted a law legalizing the recreational possession and use of marijuana. Included with this legalization, is the ability for private users to grow their own cannabis plants. Although permitted, the state still has significant restrictions on the private cultivation of marijuana.

To help protect themselves and their rights, people find it helpful to understand the rules for legally growing cannabis.

Eligibility for cultivation

According to state law, adults ages 21-years and older have the right to cultivate marijuana in the state for personal use. The state permits each adult to grow up to six plants. However, a single household cannot have more than 12 plants, regardless of the number of eligible adults residing there.

Cultivation requirements

While the state allows people to grow cannabis, they must adhere to strict conditions. These requirements include cultivating marijuana plants in areas not visible to the public without the use of binoculars or other such aids. People must also grow cannabis plants within enclosed areas equipped with a lock or other security device that prevents minors from accessing the plants.

Penalties for violation of the cultivation requirements

According to state law, people may face criminal charges for violating the state’s cultivation conditions. The state considers the first violation a petty offense, typically punishable by a fine. The state generally charges second offenses as class 1 misdemeanors. Those convicted of such offenses face penalties, for example, including fines of up to $2,500 and up to six months in jail.

Adhering to the state’s conditions may help ensure that people have the ability to exercise their rights while protecting them from the potential penalties they may face for running afoul of the requirements.

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