36-2853. Violations; classification; civil penalty; additional fine; enforcement

(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.