Pursuant to A.R.S. §13-3405, “a person shall not knowingly: (1) possess or use marijuana; (2) possess marijuana for sale; (3) produce marijuana; or, (4) transport for sale, import into this state or offer to transport for sale or import into this state sell, transfer or offer to sell or transfer marijuana.” Moreover, if an individual is not a registered medicinal marijuana patient, the possession of marijuana is illegal and may result in a felony conviction. Upon arrest, the State will consider a variety of factors to determine the appropriate charge, including but not limited to the amount of marijuana the individual possesses. If the amount of marijuana exceeds the statutory threshold, an amount exceeding two pounds, the State presumes that the marijuana is being used for sale and the felony charge is more severe.
The following chart depicts some of the possible charges for marijuana violations:
One facing a marijuana violation faces a sentence based on the specifics of the case. The Court will consider whether the individual has any prior marijuana violations, the amount of marijuana the individual possessed, among other factors.
With the implementation of the Arizona Medicinal Marijuana Act, the requisite probable cause to search and arrest based on alleged marijuana violations has recently changed. Dow Law Office is knowledgeable in this new area of law and will make sure that all acts committed by law enforcement during the course of your arrest was constitutional. Contact Dow Law Office for a free consultation and to discuss the specific facts and circumstances of your case today.
Possession or Use of a Dangerous Drug
Pursuant to A.R.S. § 13-3407, “a person shall not knowingly: (1) Possess or use a dangerous drug; (2) Possess a dangerous drug for sale; (3) Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug; (4) Manufacture a dangerous drug; (5) Administer a dangerous drug to another person; (6) Obtain or procure the administration of a dangerous drug by fraud, deceit, misrepresentation or subterfuge; (7) Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a dangerous drug.”
A dangerous drug is typically any unlawful drug other than marijuana. This includes, but is not limited to methamphetamine, cocaine, heroine and prescription narcotics. One who violates this statute faces at minimum, a class 4 felony. A person who possesses or uses a dangerous drug in violation of A.R.S. § 13-3407(1), based on the specifics of the case and the circumstances surrounding the individual defendant, may be eligible to plead guilty to a class 1 misdemeanor and probation. Contact Dow Law Office for a free consultation and to discuss your matter today.