Introduction
Marijuana is illegal for recreational use in Arizona. While the state legalized marijuana for medicinal use in 2011, only those who are 18 or older can legally possess weed and Arizona bans all use of marijuana in public areas. In addition, patients cannot possess more than 12 plants and two-and-a-half ounces of marijuana.
If you have been charged with possession of marijuana in the state of Arizona, it is important that you know your rights. A Peoria marijuana possession attorney can help you build a strong defense and possibly minimize or even eliminate any penalties you could face if convicted.
Marijuana Possession Laws in Peoria
According to Arizona Revised Statutes § 13-3405, a person should not knowingly use or possess marijuana and the violation of this statute is a felony. This includes the recreational use of marijuana, intent to sell, or possession or trafficking of more than 28 grams. It also includes the non-medical cultivation of marijuana. Arizona treats marijuana as a controlled substance and those found illegally in possession of the drug could face steep consequences.
Marijuana Possession Penalties in Peoria
Penalties for marijuana possession in Arizona can range based on the amount that you had in your possession at the time of your arrest, as well as if there is sufficient evidence to prove you intended to manufacture or sell the drugs. Possession of marijuana of less than 2 pounds for personal use often carries the least severe penalty.
Here is a look at some of the most come offenses and their penalties.
Possession
- Less than 2 lbs. – Felony with incarceration of 4 months to 2 years and a maximum fine of $150,000.
- Between 2 and 4 lbs. – Felony with incarceration of 6 months to 2.5 years and a maximum fine of $150,000.
- 4 lbs. or more – Felony with incarceration of 1 to 3.75 years and a maximum fine of $150,000.
Sale
- Less than 2 lbs. – Felony with incarceration of 1 to 3.75 years and a maximum fine of $150,000.
- Between 2 and 4 lbs. – Felony with incarceration of 2 to 8.75 years and a maximum fine of $150,000.
- 4 lbs. or more – Felony with incarceration of 3 to 12.5 years and a maximum fine of $150,000.
Manufacture
- Less than 2 lbs. – Felony with incarceration of 6 months to 2.5 years and a maximum fine of $150,000.
- Between 2 and 4 lbs. – Felony with incarceration of 1 to 3.75 years and a maximum fine of $150,000.
- 4 lbs. or more – Felony with incarceration of 2 to 8.75 years and a maximum fine of $150,000.
Trafficking
- Less than 2 lbs. – Felony with incarceration of 2 to 8.75 years and a maximum fine of $150,000.
- 2 lbs. or more – Felony with incarceration of 3 to 12.5 years and a maximum fine of $150,000.
Defenses for Marijuana Possession in Peoria
If you are facing a possible conviction for marijuana possession in Arizona, know that an experienced Peoria marijuana possession attorney can help you build a strong defense. One of the most popular defenses against a marijuana possession charge is unknowing possession. While this is not always easy to argue, especially if the drugs are found in your pocket, it can be an effective strategy if the marijuana is found in your home or car.
A criminal defense attorney may also argue that the drugs you had in your possession were not of a usable amount. In Arizona, drug laws dictate that a person must have a “usable amount” of marijuana to be charged with possession. If the amount you have is relatively small, you could argue that it does not constitute a “usable amount”. In some cases, this defense can lead to the argument that your rights were infringed upon or denied if you were arrested without just cause.
The easiest defense associated with a marijuana possession charge is that you have a valid medical marijuana license. Individuals with a valid medical marijuana license have the right to possess or use up to 2.5 ounces of marijuana every 14 days. As long as you remain within these legal limits, you cannot be convicted of marijuana possession in the state of Arizona.
JacksonWhite Law in Peoria, Arizona
If you have been arrested for marijuana possession in Arizona, then you will need a Peoria criminal defense attorney with experience defending clients in drug-related crimes. Reach out to the legal experts at JacksonWhite Law today at our Peoria location to discuss your case and see how we can help defend your rights.
Address: 16165 N. 83rd Ave, Suite 200
Peoria, AZ 85382
Call the Peoria JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
