Traveling with Marijuana to Arizona from a Different State
Arizona has legalized recreational marijuana for adults under state law, but that doesn't mean you can bring cannabis across state lines without consequences. Many people misunderstand what Arizona's legalization covers and how it interacts with federal law and interstate transportation.
Even though marijuana may be legal in your home state, transporting it into Arizona — whether by car, plane, or mail — could result in criminal charges. Arizona treats out-of-state cannabis differently than in-state possession, and there are specific laws under the Arizona Revised Statutes (ARS) that apply. Violating these laws can result in felony charges, especially if you're caught transporting or possessing amounts over the legal limits.
This article discusses the following:
- ARS 13-3405: Transportation and Possession of Marijuana
- ARS 36-2852: What Arizona’s Recreational Marijuana Law Allows
- ARS 13-3408: Marijuana Concentrates and Narcotic Drug Classification
- Federal Law and Interstate Travel
- Penalties for Traveling with Marijuana to Arizona
- Defense Strategies If You’re Charged
- FAQs About Traveling with Marijuana into Arizona
- Important Things to Remember
- How Kolsrud Law Offices Can Help
This article breaks down the relevant statutes, potential penalties, and legal strategies if you're facing charges for bringing marijuana into Arizona. It also explains why having an experienced criminal defense attorney, such as Josh Kolsrud of Kolsrud Law Offices, can make a significant difference in how your case is handled.
ARS 13-3405: Transportation and Possession of Marijuana
ARS 13-3405 is Arizona’s primary statute for marijuana-related crimes. It outlines the unlawful acts of possessing, using, producing, or transporting marijuana.
Key provisions include:
- It is illegal to knowingly transport marijuana for sale.
- Possession of marijuana not protected by Proposition 207 (recreational marijuana law) is a criminal offense.
- Possession over the legal limit or without proof of Arizona-based purchase may trigger this statute.
Transporting marijuana into Arizona from another state—even if purchased legally there—can result in charges under this statute. That’s because any transport across state lines is considered trafficking under Arizona law, regardless of intent to sell.
ARS 36-2852: What Arizona’s Recreational Marijuana Law Allows
Passed as part of Proposition 207, ARS 36-2852 governs the recreational use of marijuana in Arizona. This statute provides some protection for adult possession but does not legalize interstate transport.
Key points include:
- Adults 21 and older may possess up to 1 ounce of marijuana (with no more than 5 grams in concentrate form).
- Possession must be for personal use.
- It does not protect marijuana transported across state lines.
If you bring marijuana into Arizona from another state, you are not protected under ARS 36-2852, even if the amount is within the legal possession limit. Law enforcement can still charge you under ARS 13-3405 for transportation.
ARS 13-3408: Marijuana Concentrates and Narcotic Drug Classification
Cannabis concentrates such as wax, hash oil, and dabs are often misunderstood under Arizona law. While some marijuana products are permitted under Arizona's recreational use laws, high-THC concentrates may fall under the definition of narcotic drugs in certain contexts.
Under ARS 13-3408, it is illegal to possess, use, manufacture, or transport narcotic drugs, and cannabis concentrates can be prosecuted under this statute when not explicitly protected by ARS 36-2852.
Key provisions of ARS 13-3408 include:
- Possessing or using a narcotic drug is a Class 4 felony.
- Possession for sale or transportation for sale of a narcotic drug is a Class 2 felony.
- Manufacturing or administering narcotics to another person can also lead to Class 2 or 3 felony charges.
Although Arizona voters legalized marijuana, exceptions outlined in ARS 36-2852 must be satisfied to avoid prosecution under ARS 13-3408. Possessing high-potency concentrates without qualifying protection could result in harsher criminal charges compared to possession of raw marijuana flower.
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Federal Law and Interstate Travel
Even though Arizona has legalized marijuana, it remains illegal under federal law (21 U.S.C. §841). Crossing state lines with cannabis constitutes a federal offense, regardless of your compliance with Arizona or your home state’s laws.
Risks include:
- Arrest at border checkpoints, airports, or federal lands.
- Federal drug trafficking charges depending on quantity.
- TSA reporting possession to local or federal law enforcement.
You could face both federal and state charges for bringing marijuana into Arizona. Federal law does not recognize state-level legalization.
Penalties for Traveling with Marijuana to Arizona
Violations may lead to severe criminal penalties, especially for transporting or possessing marijuana above legal limits.
Key classifications include:
- Possession of more than 1 ounce but less than 2.5 ounces: Civil offense for the first violation under ARS 36-2852(D)
- Possession of more than 2.5 ounces of marijuana: Felony offense under ARS 13-3405
- Transportation of marijuana for sale: Felony offense under ARS 13-3405
- Possession of concentrates (such as wax or oil): Felony offense under ARS 13-3407
| Offense | Classification | Penalty | Statute |
| Possession of 1-2.5 oz (first violation) | Civil Offense | Fine only; no jail time | ARS 36-2852(D) |
| Possession of more than 2.5 oz | Felony | Class 6 Felony: 4 months to 2 years in prison | ARS 13-3405 |
| Transportation of marijuana for sale | Class 3 Felony | 2.5 to 7 years in prison | ARS 13-3405 |
| Possession of cannabis concentrates | Class 4 Felony | 1.5 to 3 years in prison | ARS 13-3407 |
Defense Strategies If You’re Charged
If you are facing charges for traveling with marijuana into Arizona, a skilled defense attorney can assess the facts and present several potential defenses:
- Unlawful Search and Seizure – If police lacked probable cause or conducted an illegal search, any evidence may be inadmissible.
- Lack of Knowledge – If you didn’t knowingly possess the marijuana (e.g., it was in a shared vehicle), that may be a viable defense.
- Amount Within Legal Limit – If the amount was within personal use limits and you weren’t transporting it across state lines, Proposition 207 may apply.
- Improper Substance Classification – Challenging THC concentration or lab testing methods can reduce or dismiss a charge under ARS 13-3408.
- Violation of Miranda Rights – Statements made without being properly advised of your rights can be suppressed.
Josh Kolsrud, a former federal prosecutor, understands both sides of these arguments and can build a defense strategy based on years of experience in Arizona courts.
FAQs About Traveling with Marijuana into Arizona
Can I bring marijuana from California into Arizona?
No. Transporting marijuana across state lines is illegal, even if both states have legalized it.
What if I have a medical marijuana card from another state?
Arizona does not currently honor out-of-state medical cards for legal possession.
What happens if I’m caught with marijuana at an airport in Arizona?
TSA may refer the case to local law enforcement. You could face state charges under ARS 13-3405 or federal charges.
Is it legal to mail marijuana into Arizona?
No. Mailing marijuana is a federal crime and can lead to trafficking charges.
Does TSA arrest people for carrying marijuana?
TSA agents do not make arrests but will contact local police or federal agents if marijuana is discovered.
Important Things to Remember
- Arizona law allows in-state possession of marijuana, not interstate transportation.
- Traveling with marijuana into Arizona is a criminal offense.
- Federal law still prohibits all forms of marijuana transport across state lines.
- You may face felony charges for concentrates or quantities over 1 ounce.
- Legal defenses exist but require experienced representation.
How Kolsrud Law Offices Can Help
If you’re facing charges for traveling with marijuana into Arizona, it’s important to act quickly. The penalties for drug offenses can be harsh and carry long-term consequences for your record, employment, and freedom.
Attorney Josh Kolsrud has handled over 3,500 cases and more than 100 jury trials throughout his career. As a former federal prosecutor and senior trial attorney, he knows how Arizona courts and federal agencies operate. He uses that experience to challenge the evidence, negotiate with prosecutors, and fight for your rights.
Kolsrud Law Offices offers one-on-one consultations, and every case is handled personally by Josh Kolsrud—not passed off to a junior associate. Whether your case involves TSA referral, interstate transport, or possession of concentrates, you can trust Josh to guide you through every step of the legal process.
To schedule your free consultation, call (480) 680-9769 or visit https://kolsrudlawoffices.com.
An award-winning criminal defense attorney Since 2006
Why Choose Josh Kolsrud
With over 100 jury trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication
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Josh has prosecuted major crimes on the state and federal level, led a successful anti-human sex trafficking operation that saved lives, and argued before countless juries and justices for his clients
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Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.
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As a prosecutor, Josh saw far too many defendants lose their livelihood due to poor representation. Josh will always give every client his complete attention and effort
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