Marijuana possession charges in Arizona can be accompanied by harsh penalties and remain on your record, affecting your reputation into the future. If you’re facing these charges, it’s crucial to have an experienced Phoenix marijuana lawyer by your side to help you combat them.
Whether you have been charged or convicted of possessing more than an ounce of marijuana in Arizona, our attorneys at JacksonWhite can help. Our team has years of experience in cases like these, giving us the knowledge and resources to help you defeat or reduce the charges against you.
Penalties for Marijuana Offenses in Arizona
Possession of marijuana in Arizona is addressed in ARS 13-3405 and ARS 36-2853. Knowingly possessing, using, producing, or transporting more than one ounce of marijuana or doing so for sale is illegal. Marijuana possession is illegal in Arizona unless you have a medical marijuana license or are above age 21 and possess no more than one ounce, of which not more than 5 grams can be in the form of marijuana concentrate.
As of 2020, according to ARS 36-2852, simple possession is no longer a charge. An individual over 21 years of age can possess cannabis, a weed pen, wax pen, or another form of weed as long as they possess no more than one ounce of marijuana, with no more than five grams in the form of marijuana concentrate. Individuals are also now allowed to cultivate up to six plants for private, personal use.
Past this amount, ARS 13-3405 outlines harsh penalties for marijuana offenses in the state. However, the specific penalties will depend on the nature of your possession and other additional circumstances around it, like whether you were driving under the influence, smoking in public, or intending to sell.
Potential penalties include:Â
- Possessing more than an ounce but not more than 2.5 ounces of marijuana is guilty of a petty offense
- Possessing marijuana not for sale with a weight of more than 2.5 ounces but less than two pounds is a class 6 felony
- Possessing more than 2.5 ounces but less than two pounds of marijuana with intent to sell is a class 4 felony
- Producing more than six marijuana plants or up to two pounds is a class 5 felony
- Transporting more than 2.5 ounces but less than two pounds of marijuana is guilty of a class 3 penalty
Some of the punishments associated with marijuana possession include a fine of at least $750, community service hours, court-ordered courses on the dangers of narcotics and other drugs, and, in extreme cases, up to seven years of jail time.
These penalties can become more severe depending on the circumstances of your case and the amount of marijuana you possess at the time of discovery. Because varying circumstances can affect your case, it’s valuable to have a skilled marijuana attorney on your side. Contact our team at JacksonWhite today to learn more about how we can defend you.
Why Hire a Marijuana Possession Attorney?
If you are facing a charge for possessing more than one ounce of weed and walk into the courtroom by yourself, you are already at a disadvantage. The prosecution is prepared to build a case against you and pursue the harshest penalties. Without an understanding of the legal procedures, your rights, and potential defenses, you run the risk of receiving the harshest punishments under the law, which is why a defense attorney is so valuable.
Our team at JacksonWhite Law can support you in marijuana possession cases. We’ll help you understand your rights and build a defense to protect you against the harshest penalties under the law. In some of our recent possession cases, we have seen possession charges reduced to enrollment in a treatment program instead of legal consequences and even dismissed entirely.
Our marijuana defense attorneys will work with you to prepare you for your court, build a defense, and seek reduced charges.
Marijuana Possession Cases
Our attorneys at JacksonWhite have a strong track record of success in defending clients charged with marijuana possession. Explore some of our recent case results to see how we have been able to support our clients in receiving reduced or dropped charges.Â
Globe Superior Court​
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One count possession of marijuana for sale, possession of drug paraphernalia, misconduct involving weapons, child abuse, endangerment
Results: Reduced to attempted possession of marijuana for sale, probation, community service, fines and court costs​
Maricopa Superior Court​
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One count possession of marijuana, possession of marijuana for sale, possession of drug paraphernalia
Results: Reduced to solicitation to commit possession of marijuana, probation, substance abuse classes, fines​
Maricopa Superior Court​
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One count possession/use of marijuana, possession of drug paraphernalia
Results: Possession of drug paraphernalia charge dropped, probation, substance abuse classes, fines, no jail time​
Maricopa Superior Court​
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One count possession of marijuana​
Results: Charges dismissed after successful completion of two-year TASC program​
How JacksonWhite Handles Marijuana Cases
We’ve been able to achieve successful case results for our clients by taking a compassionate approach that understands while building an aggressive defense against the prosecution. At JacksonWhite, our team takes a strategic approach to help you secure the best possible outcome.
When we take on a client, we aim to understand all the unique details surrounding their case. During a free initial consultation, we’ll discuss the details of the case and begin to develop a strategy for your defense.
From there, we take the following steps to handle marijuana cases:
- Perform a thorough investigation to gather and understand all the evidence
- Identify potential weaknesses in the prosecution’s case
- Develop a personalized defense strategy for your case depending on the circumstances
- Negotiate with the prosecution to pursue a settlement or a reduction in charges
- Provide strong representation in court during all court proceedings, hearings, and trials
Potential Defenses Against Marijuana Charges
If you have been charged with possession of marijuana in Phoenix or any other city in Arizona, having a strong defense can make all the difference in protecting you against the risk of harsh penalties. Our attorneys have experience in marijuana cases to help you build a case for the best possible outcome.
Depending on the unique circumstances surrounding your case, we can use some of the following potential defenses:
- Challenging the legality of the search and seizure – Citizens have a legal right against unlawful search and seizure, and if an officer discovered marijuana without reasonable suspicion, the charges could be thrown out. As of 2020, the smell of marijuana is not enough to constitute reasonable suspicion.
- Bringing into question the validity of the evidence presented – If a law enforcement officer does not have strong evidence of your possession, an attorney can argue it is not strong enough for a conviction.
- Arguing a lack of knowledge or intent – An attorney can argue that you were not aware of your possession of marijuana and did not have intent to possess it, which may result in a reduction of charges.
- Presenting a case for medical necessity – If you use medical marijuana but did not have a medical marijuana license on you at the time of a police stop, we can use medical records and other information to build a defense against a charge.
- Negotiating for reduced charges – In cases where clients do not have a criminal record or a history of marijuana charges, we may be able to argue for reduced charges or alternative sentencing options to avoid the harshest penalties.
Building a strong defense against the prosecution requires an experienced defense attorney. Contact our team at JacksonWhite today to learn more about your options and how we can equip you to overcome your charges.
Can I Have My Record Expunged?
Arizona law did not previously support expungement of drug convictions. Now, under ARS 36-2862, introduced by Proposition 207 in 2020, certain marijuana convictions can be expunged. Primarily, those who are eligible were convicted of possessing, consuming, or transporting two and one-half ounces or less of marijuana.Â
If you have previously been convicted of any of these charges, JacksonWhite can help you understand whether you have the option to expunge your convictions and navigate the process for doing so. Call us now at (480) 467-4370 to schedule your free consultation to see if we can have your old marijuana charges expunged.
Contact JacksonWhite Law If You’re Facing Marijuana Possession Charges
Charges surrounding marijuana possession above the legal limit in Arizona can involve steep penalties, and it takes a strong defense to protect you against the harshest penalties. If you’ve been charged with any sort of marijuana crime in Phoenix or other areas in Arizona, a resourceful defense can work to get your charges reduced or even dismissed.
At JacksonWhite Law, we have decades of experience with all types of drug crimes, and have secured successful case results for thousands of marijuana possession clients. You can learn more about our Phoenix criminal defense attorneys and how we’ve helped thousands of drug defense clients over the years.
We’ve helped first-time offenders and those with previous charges handle the complex legal process with ease. To see how we can help you next, contact us now. During a free consultation, we’ll work to understand the circumstances surrounding your situation and build a defense strategy that brings the best possible outcome for you.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
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