Drugs And Felony Classes

(The content below was transcribed from an interview done with Acacia Law. We think you'll find it much easier
and more enjoyable to read this way.)

Interviewer: You said that both paraphernalia and possession are Felonies?

Acacia Law: Yes, they're both Felonies. Very simple possession is a Class 6 Felony in this State. Now that is extreme by most state standards. Most states, unlike Arizona,- a lot of them treat simple possession as almost civil traffic tickets in some jurisdictions. And, oftentimes they're simply misdemeanors. But they start out here, in Arizona, wherever you are in the state, as Class 6 Felonies. Now there are some statutory provisions that can be taken advantage of. First time offenders can oftentimes be made eligible for different programs like TASC or any of the programs that are related to what's called "Diversion."

But, ultimately, if you're eligible, there are certain requirements. I think a lot of people are under the presumption or assume that they qualify just because they are a first time offender- and that's not the case at all. Just because you've been picked up for pot for the first time, if you prior felony convictions, or you have convictions for any sort of "Dangerous" charges,- or if you have a quantity that the officers can make a legitimate argument is in excess of what you would normally expect a person to use as their own personal quantity, you're not going to qualify for these programs, I mean not right off the bat. Not without a fight. And that's where I see a lot of people go into court and they suddenly find themselves in a situation where they were under the expectation as a first time offender that they were simply going to be to become 'program eligible for diversion'. And they are not. Again, there are restrictions.