Our team of Marijuana Possession Lawyers have been practicing Criminal Defense Law locally in the Phoenix Area since 1987. We have the experience necessary to understand all of the complicated factors which can effect Marijuana Possession and other Drug Crime charges.
In the state of Arizona Marijuana Possession is illegal due to A.R.S. §13-3405 which states “A person shall not knowingly posses marijuana.” Whether you are in the phoenix area or anywhere else in Arizona if you are found to be in possession of Marijuana in an amount less than 2 pounds you will be charged with a class 6 felony. If you posses an amount greater than 2 pounds and less than 4 and it is not possessed for sale you can be charged with a class 5 felony. Possession of Marijuana above 2 pounds will usually be classified as possession of marijuana with intent to sell, which carries a charge of a class 3 felony. If you have been charged with Possession of Marijuana for sale you need a tough defense attorney who can prove that the amount, although over the threshold, was not intended for sale.
While Proposition 203 was voted into effect in 2010 legalizing Marijuana for Medical use, the possession of the substance without a medical marijuana card is still a felony, and punishable by the same rules as before the proposition was passed. Don’t make the mistake of thinking the state will let your case slide because of the legalization of Medical Marijuana.
Because of Proposition 200 passed by the Arizona legislature in 1996 first and second time drug offenders who are found guilty of nonviolent crimes involving Marijuana will not be sent to prison until their third drug violation, even if the first two violations are felonies. If the offender has a prior conviction of Sale or Transport of Drugs they are still eligible for Jail or Prison time under the proposition. Rather than being sent to prison first and second time offenders are released on probation and are required to participate in a drug treatment or education program such as TASC. Violations of this probation can cause drug offenders to have to serve jail or prison sentences.
Because the law is written that “A person shall not knowingly possess or use marijuana.” an argument can be made that the defendant was not aware that they possessed the Marijuana. We may also be able to find issues with the state’s evidence because of the invalidity of a traffic stop or other search. Possession of Marijuana is a serious offense and is a felony which stays on your record. If you have been charged with the possession or use of marijuana you need a tough defense attorney who is experienced in drug possession cases.
For a free consultation and to speak to an actual attorney, not some professional closer or sales person, call Chuck Franklin Law today at 480-545-0700!