Arizona Possession of Marijuana Lawyers
Drug Crime Lawyers Serving all of Arizona with Offices in Tempe, Phoenix, Scottsdale, and Mesa
Despite a national trend legalizing the possession of marijuana for personal use, Arizona still prohibits its possession under ARS 13-3405(A)(1) where it states, “a person shall not knowingly possess or use marijuana.” This law also prohibits a person from possessing marijuana buds, wax, THC concentrates, and edibles.
Under this statute, a person will be charged with possession for personal use so long as they possess less than two pounds of marijuana. Therefore, if you are arrested and are found to be in possession of two pounds or more of marijuana, you will face a more severe penalty because Arizona law will presume that you are in possession with the intent to sell.
Call (480) 351-2228 or contact our Arizona marijuana possession attorneys online to discuss your situation during a free consultation.
Prop 200 & Penalties for Possession of Marijuana
Arizona voters passed Proposition 200 in 1996. Under this proposition, judges are prohibited from sending first- or second-time nonviolent drug offenders to prison, even if these convictions are for felony offenses. The judge may only sentence the defendant to a term of probation and mandatory drug treatment.
TASC is an adult deferred prosecution program that takes 3 to 6 months to complete. In TASC, you will be required to provide one random urine test per month, 1 three-hour drug and alcohol abuse education program, and fees between $300 and $700. It is vital you hire an experienced Arizona marijuana possession attorney who can help you navigate the TASC program and its strict requirements. Once TASC is completed, your case will be completely dismissed.
If you have any prior drug conviction for the sale or transportation of drugs, promoting prison contraband, driving under the influence of drugs, or any methamphetamine drug related offense, then you are ineligible under Prop 200 and could face jail and/or prison time.
Non-Prop 200 Punishments
If you are not eligible under Prop 200, you could face the following punishments for possessing less than 2 pounds of marijuana (a Class 6 felony):
- Probation with up to 1 year in jail, or 4 months to 2 years in prison
- If you have 1 historical prior felony conviction, you could face 9 months to 2.75 years in prison
- If you have 2 historical prior felony convictions, you could face 2.25 years to 5.75 years in prison
Possessing marijuana with two or more pounds, but less than four pounds (Class 5 felony):
- Mandatory prison from 6 months to 2.5 years
- If you have 1 historical prior felony conviction, you could face 1 year to 3.75 years in prison
- If you have 2 historical prior felony convictions, you could face 3 years to 7.5 years in prison
Possession of four pounds or more of marijuana (Class 4 felony):
- Mandatory 1 year to 3.75 years in prison
- If you have 1 historical prior felony conviction, you could face 2.25 years to 7.5 years in prison
- If you have 2 historical prior felony convictions, you could face 6 years to 15 years in prison
In addition to substantial jail/prison time, you would have to pay substantially high mandatory fines and fees, court-ordered counseling, and community service hours.
Avoid these high penalties and protect your future. Contact Oliverson & Huss Law PLLC in Arizona at (480) 351-2228 for a free consultation now.
Over 40 Years of Collective Experience
Over the length of their careers, the attorneys at Oliverson & Huss have helped thousands of people successfully fight their criminal charges.
Former Prosecutors & a Former Judge
As former prosecutors, police officers and judges, our attorneys have experience on all sides of the law. This special insight allows them to better defend your case.
Highly Communicative & Responsive
Our attorneys will work closely with you, diligently keeping you fully informed and updated on your case from beginning to end.
Team Approach to Your Case
At Oliverson & Huss, you get access to three experienced attorneys who work together to achieve the best possible result for you.
When it comes to defending our clients, we believe two heads are better than one. When you hire us, you get a team of attorneys who will look at your case and offer their perspective in an effort to get you the best possible result.