Even though medical marijuana is now legal in Arizona, the state still has strict penalties for possession if you don’t have a medical card. Possession of marijuana is a common charge in Arizona. The law states that you cannot sell, transfer, transport, or produce weed. This means that if you haven’t received a lawful prescription for medical marijuana in Mesa, possessing a usable quantity of the substance is illegal.
No matter how minor a possession charge seems, it can cause serious consequences if you don’t deal with it properly. Arizona has strict laws on marijuana possession, so it’s best to secure support from an attorney if you’ve been charged with this crime in Mesa. They can answer your questions and guide you through the legal process.
Marijuana Possession Laws in Mesa
According to state law, you cannot use, possess, product, possess for sale, or transport or import marijuana into Arizona. Possession penalties depend on the weight of the substance involved in the crime, in addition to other factors. As mentioned, you may not possess any amount of weed without a legally valid medical marijuana card. If you do have a card, you’re allowed 2.5 ounces every 14 days and may grow 12 plants or less.
The law in Mesa considers marijuana a “Schedule 1” substance, including concentrates and edibles. Keep in mind that possessing any amount of marijuana can lead to felony charges in Mesa. You could get a class 6 felony if you’re in possession of less than two pounds of weed intended for personal use.
Penalties for Marijuana Possession in Mesa
Marijuana possession is divided into three categories: possession of less than two pounds, possession of two to four pounds, and possession of more than four pounds. Any amount of marijuana can lead to a felony conviction.
Less than Two Pounds
As mentioned, less than two pounds of marijuana may lead to a class 6 felony charge if you have it for personal use. The crime is a class 5 felony if the marijuana was personally produced. Your offense will be a 4 felony if the substance is for sale, a class 3 felony if the weed is imported or transported into the state.
Two to Four Pounds
If you’re in possession of two to four pounds of weed, you may get a class 5 felony for personal use and a class 4 felony if you produced it personally. If the weed was for sale, it’s a class 3 felony crime. And possessing between two and four pounds of weed that was imported or transported into the state is a class 2 felony offense.
Four Pounds or More
If you’re in possession of at least four pounds of weed, it’s a class 4 felony crime for personal use, and a class 3 felony crime for personally produced marijuana. It’s a class 2 felony offense if you possess at least four pounds for sale or if the weed was imported or transported into Arizona.
Fortunately, working with a skilled marijuana possession attorney in Mesa may help you get your charge reduced to a class 1 misdemeanor. Some offenders will have the option to undergo an education program or diversion. If you complete the terms, you might even have your charge entirely dismissed. If you do diversion, you might have to prove you’re no longer using weed by submitting drug tests.
Marijuana Possession Defenses in Mesa
If you’re facing a marijuana possession charge, your attorney may help you assert a variety of defenses. One popular defense is unknowing possession, which can work if the substance was discovered in your residence or vehicle rather than on your person. Another potential defense is arguing that you were caught with a small amount that wasn’t enough to be “usable.”
In other cases, your attorney could argue that your rights were denied or infringed upon during your arrest. For example, if the officer didn’t read you your Miranda rights, it’s a violation, even if you admitted to possessing weed.
JacksonWhite Law in Mesa, Arizona
JacksonWhite Law has been serving clients in the Mesa area since 1983. We offer a full range of legal assistance and have plenty of experience navigating cases just like yours with great success. As one of the biggest firms in the East Valley, we work to provide advanced, insightful legal solutions to families, businesses, and individuals throughout the state of Arizona.
From fines, to probation and jail time, being in legal trouble is no laughing matter. It could harm your opportunities in life and even make it harder to find a place to live. Speak with one of our skilled lawyers today to get answers to your questions and to protect your future.
JacksonWhite Mesa Office
Our Mesa office is on the northwest corner of W. Pepper and N. Center Street. You may park on Pepper or in the parking garage nearby.
The Mesa city court is located on the northwest corner of Pomeroy Street and 1st Avenue. You’ll find a public parking garage behind the building, which you can access from Pomeroy or Main Street.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
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