UPDATE: AZ Passes Prop 207, Legalizing Marijuana THIS ARTICLE HAS BEEN UPDATED ON NOVEMBER 9, 2020 TO REFLECT LEGAL CHANGES IN STATE LAW AS ARIZONA VOTERS OVERWHELMINGLY PASSED PROPOSITION 207 TO LEGALIZE ADULT RECREATIONAL MARIJUANA USE, POSSESSION OF UP TO AN OUNCE OF MARIJUANA (NOT MORE THAN 5 GRAMS OF CONCENTRATE), WILL EXPUNGE CERTAIN MARIJUANA CONVICTIONS, PERMIT ADULTS TO GROW THEIR OWN MARIJUANA, AND OPEN RECREATIONAL MARIJUANA DISPENSARIES. PUBLIC MARIJUANA USE WILL BE PUNISHABLE AS A PETTY OFFENSE ONLY.  Marijuana Laws in Arizona As marijuana laws across the country undergo major changes, marijuana is still illegal under both Arizona and Federal law. Arizona has legalized medical marijuana, and adult recreational use, but serious charges can be filed in both federal and state court for marijuana-related crimes. This article specifically deals with marijuana-related crimes under Arizona and Federal law.
Click here for information on our drug crimes page. Click here for our Marijuana Cultivation page. Click here for information about Drug Trafficking Laws. Click here fore information about Federal crimes ARIZONA MARIJUANA CRIMES In Arizona, possession of even a small amount of marijuana (more than one ounce, or more than 5 grams of concentrate) is still a criminal offense, and may continue to be one of the most common crimes in Tucson. Possession of under two pounds of marijuana is technically a class six felony under Arizona law, but is often charged as a misdemeanor. Paraphernalia charges are also often charged as a misdemeanor. Still, the law does still recognize even simple possession as a felony, punishable by 4 months to 2 years of incarceration. First time offenders may be eligible for Conditional Release, a diversion program where defendants can serve a probationary period, and if successful avoid a conviction and jail time. If you or a loved one has been arrested for a marijuana-related offense, contact a Tucson criminal defense attorney to discuss your case, including the possible consequences and evaluating your available defenses. Arizona's legalization of marijuana still prohibits use or possession of any amount of marijuana by individuals under 21 years of age, public consumption of marijuana (now a petty offense), or cultivation of more than 6 plants. ARIZONA MEDICAL MARIJUANA LAWS In 2010, Arizona voters passed Arizona's current medical marijuana program, the Arizona Medical Marijuana Act (AMMA). Patients 18 years of age or older can get medical marijuana recommendations from a doctor if they suffer from one of a number of qualifying conditions. With a medical marijuana card, a qualified patient can possess up to two and a half ounces of marijuana every two weeks. Arizona medical marijuana patients are part of a statewide registry, which tracks purchases at dispensaries. Medical marijuana patients in Arizona are only authorized to grow marijuana if they do not live within 25 miles of a dispensary. Medical marijuana patients may not sell or transfer their medical marijuana, and may not drive while under the influence of marijuana. If you have questions about how Arizona's medical marijuana laws might apply to you, contact us for a free consultation. With the advent of legalization, medical marijuana will likely become less prevalent, as it has in other states like California, Colorado, Washington, and Oregon. FEDERAL MARIJUANA LAWS IN ARIZONA American criminal law has a lot of overlap when it comes to criminal law. Many crimes violate both federal and state statutes. Under Federal law, Marijuana is a Schedule I controlled substance, making it illegal to possess, sell, cultivate, or transport. Federal marijuana charges can be serious, with mandatory minimum sentencing guidelines and zealous prosecution of marijuana crimes in the Arizona federal district courts. DRIVING UNDER THE INFLUENCE OF MARIJUANA Driving Under the Influence (DUI) is not just for drinking and driving. If a police officer detects the odor of marijuana during a traffic stop or at a DUI checkpoint, the driver will most likely be arrested for driving under the influence, even if there do not appear to be any other signs of impairment. It is important to note that even medical marijuana patients can be charged with driving under the influence. Even if you do not drive while feeling the effects of marijuana, it is important never to smoke marijuana in your car, and to make sure that you do not put on clothing that smells like marijuana on before getting in the car. Arizona law regarding driving under the influence of marijuana permits a conviction for without evidence of actual impairment. WHAT ARE SOME COMMON DEFENSES IN MARIJUANA CASES? The most common defenses in marijuana cases are challenging the search that revealed the marijuana, medical marijuana privileges, lack of knowledge, and lack of intent (to sell, deliver, or otherwise furnish). In drug cases, it is very important to have an attorney with a strong understanding of Constitutional Law and who stays up to date with Fourth Amendment case law. Marijuana's strong odor sets it apart from other drugs, and is a major factor in search and seizure jurisprudence. WHAT ARE SOME OTHER CONSEQUENCES OF A MARIJUANA CHARGE? In addition to facing direct criminal penalties, simple marijuana charges can have major collateral consequences for a person's future. Due to the federal prohibition of marijuana and strict immigration policies relating to controlled substances, a marijuana conviction could possibly result in serious immigration consequences including deportation, denial of naturalization, denial of entry, and more. For college students, Federal student aid can be withheld for students who suffer any kind of drug conviction. Additionally, marijuana and other drug possession cases can impact professional licenses (e.g. nursing, medical license, insurance license, etc.), and can even impact the right of an individual to own a firearm. Be sure to discuss these possible consequences with your attorney, and make sure that your attorney knows if you are a licensed professional, a non-citizen, a college student, or a gun owner. If you or a loved one has been arrested or charged with a marijuana-related offense, you need an aggressive lawyer to fight for you. Contact the Tucson Defenders now for a FREE CONSULTATION 520-585-5757 TUCSON CRIMINAL DEFENSE ATTORNEY
3 Comments
9/2/2022 07:31:11 am
Due to the federal prohibition of marijuana and strict immigration policies relating to controlled substances, a marijuana conviction could possibly result in serious immigration consequences including deportation, denial of naturalization, Thank you for sharing your great post! 9/2/2022 07:50:39 am
In drug cases, it is very important to have an attorney with a strong understanding of Constitutional Law and who stays up to date with Fourth Amendment case law. I truly appreciate your great post! 2/21/2024 04:52:26 am
The passage of Proposition 207 in Arizona marks a significant shift in the state's approach to marijuana, embracing a more progressive stance on its use, possession, and cultivation by adults. This landmark decision not only legalizes recreational marijuana, allowing adults to possess up to an ounce and grow their own plants, but also takes a crucial step towards rectifying past injustices by expunging certain marijuana convictions. The opening of recreational marijuana dispensaries under this new law represents a positive move towards regulated and safe access, while limiting public use to petty offenses ensures a balanced approach to its legalization. This update reflects a forward-thinking change in legal policies, promoting personal freedoms while addressing past legal disparities. Leave a Reply. |
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