Arizona Marijuana and Drug Possession Laws

Marijuana and drug possession laws differ from state to state, and Arizona has strict laws when it comes to possession of marijuana. Although marijuana offenses are the most common of all drug offenses in Arizona, it is a criminal offense that can result in jail time, heavy fines and a life-long criminal record. Therefore, a drug possession charge should not be taken lightly in the state of Arizona and if you or a loved one has been charged with the possession of drugs in Phoenix or anywhere in Arizona, you must get in touch with a criminal lawyer to prevent having a criminal conviction.

According to the Arizona marijuana law ARS 13-3405, possession of marijuana is different than the intent to sell the drug, which is stated by the law ARS 13-3407 and has harsher consequences. However, this does not mean that possession of marijuana or any other illegal drug for personal use is not a crime. Under Arizona law, possession of any amount of cocaine is a felony offense and can end up in a sentence of five years in prison or more.

Threshold for possessing Marijuana

The state of Arizona has set a threshold for the possession of marijuana which means that someone found with an amount of marijuana greater than the threshold will be considered a felony. This threshold equates to under two pounds of marijuana. Anyone possessing between two to four pounds may be considered a felony or misdemeanor and anything over four pounds is a felony.

Penalties for Possession of Marijuana

The penalties for possessing marijuana vary from case to case. Anyone caught with marijuana for the first time with no previous criminal record can be sentenced with a Class 6 felony which is punishable by one year in prison. This penalty is for cases where the amount of marijuana is at two pound and under the threshold. The different charges for a marijuana offense in Arizona are given below:

• Possessing less than 2 pounds of marijuana for personal use results in a Class 6 felony which has a 1 year prison sentence
• Possessing between 2 and 4 pounds of marijuana for personal use results in a Class 5 felony which has 18 months prison sentence
• Possessing more than 4 pounds of marijuana for personal use results in a Class 4 felony which has a prison sentence of 30 months
• Possessing less than 2 pounds of marijuana with an intent to sell is a Class 4 felony and has a prison sentence of 30 months
• Possessing between 2 and 4 pounds of marijuana with the intent to sell is a Class 3 felony and results in 42 months of jail time
• Possessing more than 4 pounds with the intent to sell is a Class 2 felony, punishable by 5 years in prison
• Possessing less than 2 pounds of marijuana that you produced is a Class 5 felony, punishable by 18 months in prison
• Possessing 2 to 4 pounds of marijuana that you produces is a Class 4 felony and results in a jail term of 30 months
• Possessing more than 4 pounds of marijuana that you produced is a Class 3 felony and is punishable by 42 months in prison
• Transporting less than 2 pounds of marijuana into Arizona is a Class 3 felony which is punishable by 42 months in prison
• Transporting more than 2 pounds of marijuana is a Class 2 felony which is punishable by 5 years in prison

Apart from a prison sentence, the court also imposes a minimum fine of $750 which can increase to a large amount if the value of the marijuana you were caught with exceeded $750 in value. In such a case, the fine will equal 3 times that value, up to a maximum fine of $150,000.

Defending drug possession in Arizona

If this is the first time you are being charged with possession of marijuana or any other illegal drug, you may be eligible for deferred prosecution on your case. However, deferred prosecution will only be eligible if you were not charged with possession with intent to sell.

Deferred prosecution means the court will give a second chance which will allow you to serve a probationary term, which if completed successfully, will result in your charges being dropped completely. However, you will face the potential of the original sentence for your crime if you violate the probation.

To find out if you are eligible for deferred prosecution, you must get in touch with an experienced attorney who can work to minimize the impact of these charges on your life. You might think that a possession of marijuana charge may be a fairly minor one, but that is not the case. If convicted, you could be facing a life changing prison sentence which can ruin your life forever.