Bail Questions • Charges and Penalties • Arizona
Can You Be Arrested for Being High in Arizona?
Yes, you can be arrested for being high in Arizona, but not for intoxication itself, because the state has no general public intoxication crime.
Quick answer
Yes, you can be arrested for being high in Arizona, but not for intoxication itself, because the state has no general public intoxication crime. The arrest comes for conduct: disorderly conduct, trespassing, driving under the influence of any drug, or possessing a dangerous or narcotic drug, which is a felony.
Arizona has no public intoxication crime
A.R.S. 36-2031 prohibits cities and counties from passing laws that punish being drunk in public as such. There is no state statute that makes intoxication alone a crime either. Being high on a sidewalk, in a park or at a concert is not, by itself, something an officer can book you for. Officers know this, and the charge on the booking sheet is always something else.
That something else is usually disorderly conduct under A.R.S. 13-2904, a class 1 misdemeanor that covers fighting, unreasonable noise, abusive language likely to provoke a fight, disrupting a gathering, or refusing to leave when ordered. Trespassing is the other common charge when a business asks the person to leave and they stay. Those are the arrests people describe as being arrested for being high.
Driving and possession are the real risks
Driving is different. A.R.S. 28-1381 makes it DUI to drive while impaired to the slightest degree by any drug, or with any impairing drug or its metabolite in the body. That includes marijuana and prescription medication. A DUI arrest follows the same booking and initial appearance process as an alcohol DUI, and the jail time under the statute is the same.
Possession is the other felony risk. Adults 21 and over may possess up to one ounce of marijuana under A.R.S. 36-2852, but using it in public remains an offense. Possession of a dangerous drug under A.R.S. 13-3407 or a narcotic drug under A.R.S. 13-3408 is a felony, and an officer who finds pills or powder during a disorderly conduct arrest will add that charge. See drug possession bail bonds for how those cases are handled at release.
Bail after an arrest while high
A misdemeanor disorderly conduct or trespass arrest in Maricopa County often ends with release on the person's own recognizance at the initial appearance, or a bond in the hundreds to low thousands. A drug DUI follows the DUI pattern: OR or a low bond for a first offense, more for a repeat. A felony possession charge is where bail climbs, commonly into the thousands, and higher with a sale allegation or a weapon.
The initial appearance happens within 24 hours of arrest. If the judge sets a secured bond, the agent confirms the amount and any holds, then posts at the 4th Avenue Jail Bond and Fine Room. The premium is set by the filed rate, typically 10%. Whether the stop or search was lawful is a question for a defense attorney, not a bail agent. Our misdemeanor bail bonds page covers the lower-level cases.
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Related Questions
Is it illegal to be high in public in Arizona?
Being high is not itself a crime, and A.R.S. 36-2031 bars local public intoxication laws. Using marijuana in public is an offense, and conduct while high, such as fighting, making a scene or refusing to leave a business, can be charged as disorderly conduct or trespass.
Can you get a DUI for marijuana in Arizona?
Yes. A.R.S. 28-1381 covers driving impaired to the slightest degree by any drug and driving with an impairing drug or its metabolite in the body. Legal possession is not a defense to driving impaired. The arrest, booking and bail process is the same as an alcohol DUI.
What is the penalty for disorderly conduct in Arizona?
Disorderly conduct under A.R.S. 13-2904 is a class 1 misdemeanor in most forms, which the statute provides can carry up to 6 months in jail under A.R.S. 13-707 and fines up to $2,500 under A.R.S. 13-802. A defense attorney can explain what a specific case is likely to bring.
How much marijuana can you legally have in Arizona?
Adults 21 and over may possess up to one ounce of marijuana under A.R.S. 36-2852. Possession by anyone under 21, possession above the limit, public use and driving impaired remain offenses. Dangerous drugs and narcotics are felonies under A.R.S. 13-3407 and 13-3408.
What is bail for a drug possession arrest in Phoenix?
Felony possession bail is set at the initial appearance and commonly runs in the thousands, higher for sale quantities or weapons. Simple misdemeanor marijuana violations are often cite-and-release or own recognizance. The premium follows the filed rate, typically 10%. Call One Stop Bail Bonds any hour and an agent will walk you through it.