Arizona law is strict when it comes to marijuana possession. According to A.R.S. 13-3405, it is unlawful to possess, use, grow, sell or transport marijuana within the state of Arizona, except for medically prescribed marijuana. In fact, even small amounts of marijuana on your person can lead to a felony charge and a prison sentence if you have prior convictions. It is important to know the facts and serious consequences you can face when charged with marijuana possession in Arizona.
Penalties for Marijuana Possession
While other states may have changed their laws regarding marijuana, Arizona still has zero-tolerance for drug possession under the law, including marijuana. It is not just a simple misdemeanor if you are caught using or possessing marijuana – it can be up to a class 2 felony. Here is a breakdown of the possible charges involved in marijuana possession:
Under Two Pounds
- Personal use: Class 6 felony
- Selling marijuana: Class 4 felony
- Producing or growing: Class 5 felony
- Transporting: Class 3 felony
Two to Four Pounds
- Personal use: Class 5 felony
- Selling marijuana: Class 3 felony
- Producing or growing: Class 4 felony
- Transporting: Class 2 felony
Over Four Pounds
- Personal use: Class 4 felony
- Selling marijuana: Class 2 felony
- Producing or growing: Class 3 felony
- Transporting: Class 2 felony
Fighting a Marijuana Possession Charge
In Arizona, although marijuana possession is a felony, there are options to have the charges reduced or dismissed with the help of an experienced attorney. First- and second-time convictions of marijuana possession do not need to face jail time under AZ Proposition 200; however, you could still have a felony conviction that could stay on your record and prevent you from passing criminal background checks for employment or other future endeavors.
One of the options available is to enter a drug diversion program. By completing the program and passing drug tests throughout the specified period, you can have your marijuana possession charged dismissed. Options like TASC, a non-profit diversion program, can help you get your charge dismissed, but there are costs and fees to use diversion programs for eliminating a marijuana possession charge.
If you don’t want to undergo a drug diversion program or you have already used this option in the past, there are other ways to fight a marijuana possession charge. Matthew Lopez is an experienced personal defense attorney who will look at all the options available to get your charge reduced or dismissed. Some of the possible factors that can affect your case include:
- Was there a usable amount of marijuana?
- Were all the proper legal procedures followed?
- Was this your first offense?
To be convicted, you must “knowingly” possess a usable amount of marijuana. Matthew Lopez has worked with many clients to get felony drug charges dismissed or reduced to a misdemeanor based on their case. He can help you navigate the laws surrounding your charge and find the best outcome for your legal case.
Call Matthew Lopez for a Free Consultation
If you have been charged with marijuana possession or other related charges, like paraphernalia possession, give the experienced team at Matthew Lopez a call to schedule a free consultation. Mr. Lopez will discuss your confidential case with you and go over the options for fighting your case. Don’t let a poor decision or being in the wrong place at the wrong time affect your future. Call today at 602-980-1987 to connect with our legal team. We are available 24/7 and waiting to take your call.