Weird Arizona Laws

From amusingly named “stupid motorist” laws to outdated strictures left from Arizona’s Wild West days, the state has some odd statutes on its books. While there are some legitimately bizarre Arizona laws, many of the commonly cited unusual laws in Arizona are actually urban legends that make for internet clickbait. Let’s explore what is fact and what is fiction when it comes to Arizona weird laws.

The “Stupid Motorist Law”

Arizona’s evocatively nicknamed “Stupid Motorist Law” isn’t as sweeping as you might expect. That is probably for the best, given how many drivers could be prosecuted if it were. The term refers to Arizona Revised Statute §28-910, which holds drivers financially liable for the cost of their rescue (plus a fine of up to $2,000) when they become trapped after driving around barricades and into a flooded stretch of roadway.

While the law may have a silly-sounding nickname, it has a serious aim. Arizona’s monsoon season can cause flash floods that turn stretches of roadway into dangerous, almost quicksand-like slurries of water and debris. Drivers who attempt to drive through a flooded area can become trapped, requiring expensive emergency evacuation. The law’s goal is to discourage drivers from putting their lives and the lives of rescuers at risk.

However, the specific law is rarely charged. As Pima County Sheriff Chris Nanos explains, a person in need of emergency rescue services might hesitate to ask for it due to the cost of a violation. In a sense, the law incentivizes the kind of dangerous behavior it’s meant to discourage.

Saguaro Cactus Protection

The saguaro cactus is a recognizable symbol of Arizona. Native to the Sonoran Desert, the tree-like species of cacti can grow up to 40 feet tall and live for 150 years. They are subject to Arizona’s Native Plant Protection law, which is meant to protect the often slow-growing cactus. Under Arizona Revised Statute §3-906, native plants, including the saguaro, cannot be removed, harvested, or transported from a property without that property owner’s permission and an official permit from the Arizona Department of Agriculture.

Saguaros are not the only plants covered by this law. Others include:

• Agave
• Barrel cactus
• Cholla
• Hedgehog cactus
• Ironwood tree
• Joshua tree
• Mammillaria
• Mesquite
• Night-blooming cereus
• Ocotillo
• Palo verde
• Prickly pear
• Yucca

Arizona law holds that private landowners have the right to remove or destroy plants on their private property. However, landowners must provide the Department of Agriculture 20 to 60 days of notice so that the department can salvage and transport specimens for conservation. There is an exception for the owners of residential properties of 10 acres or less.

Illegal to Manufacture Imitation Drugs

Not only is it illegal to manufacture many recreational drugs in Arizona, but it’s also illegal to manufacture imitation cocaine or fake versions of recreational drugs, such as:

• “Spice” (synthetic cannabis)
• “Bath salts” (synthetic cocaine, MDMA, or methamphetamine)
• Counterfeit prescription drugs

Arizona Revised Statutes §13-3453 forbids anyone in the state from manufacturing, distributing, or possessing imitation controlled substances. It also specifies that thinking the fake drug was the actual drug is not a viable defense.

Violation of the statute is a class 6 felony unless the violator is aged 18 or over and the crime involves someone under the age of 18. In that case, it becomes a class 5 felony. Class 6 felonies are punishable by a presumptive jail sentence of one year and a fine of up to $150,000. Class 5 felonies are punishable by a presumptive jail sentence of 1.5 years and a fine of up to $150,000.

No Horse Tripping

For hundreds of years, the sport of horse tripping was an iconic part of the charreada, or Mexican rodeo. Like many rodeo events, it grew out of the actual skills needed to raise and herd cattle. Two cowboys, or charros, race behind a horse running at a full gallop, competing to throw a lasso around the horse’s front legs and bring it to the ground. Unsurprisingly, this could seriously injure the horse, often leading to broken legs or skulls, and sometimes even death.

Sponsored by future U.S. Senator Kyrsten Sinema while she was a state lawmaker, HB 2539 was signed into law in 2008 as Arizona Revised Statute §13-2910.09. The law makes it a class 1 misdemeanor to knowingly or intentionally trip a horse, pony, mule, or donkey for entertainment or sport. Violation of the law is punishable by a fine of up to $2,500 and a jail sentence of up to six months.

Bogus Strange Arizona Laws

While there are certainly some bizarre Arizona laws on the books, most of the legitimate ones pale in comparison to the fake laws and urban legends that get circulated on the internet. Here are a few bogus laws that prove that fact isn’t always stranger than fiction:

• Keeping a sleeping donkey in a bathtub is illegal
• It’s illegal to ride a horse up the stairs of a county courthouse
• In Mohave County, a decree declares that anyone caught stealing soap must wash with it until it’s all used up
• In Glendale, cars may not be driven in reverse
• Hunting camels is prohibited
• Seven women can’t live together

Go ahead and put your car into reverse in Glendale. Despite what you may have read on your aunt’s Facebook page, there’s no law saying you can’t.

Contact an Arizona Personal Injury Lawyer

At Mushkatel, Gobbato, & Kile, P.L.L.C., we have extensive knowledge of Arizona law. When you have a pressing legal matter in the state, turn to our team for the solutions you need. Whether you are dealing with an injury someone else caused, facing criminal charges, or interested in developing an estate plan, we offer:

• The attention of a small firm and the resources of a big one
• Half a century of combined legal experience
• Straightforward advice in plain English

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Contact us today to schedule a consultation. Having a skilled attorney review your matter and explain your legal options can make you feel confident that your case is moving in the right direction.