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ARS 13-3405: Possession of Marijuana in Arizona

Arizona's Possession of Marijuana Laws

 With the rise in marijuana use across the United States and possession laws varying state to state, many individuals mistakenly believe that recreational use of marijuana is legal in Arizona. 


Even though Arizona has several recreational marijuana laws on the upcoming ballots, it is still illegal to possess or use marijuana for recreational purposes in the State of Arizona without a valid medical marijuana identification card. 


Even though it may not seem like possessing or using marijuana is a serious crime, in Arizona any marijuana charge is serious and can have lasting effects on your life. If you have been accused of possessing marijuana, no matter the amount, it’s important to speak with an experienced criminal defense attorney to protect your future. 

Is Marijuana Legal in Arizona?

 Marijuana possession and usage is only legal for those who possess a valid medical marijuana card from the Arizona Department of Health Services. These cards are only valid for two years— so if you fail to renew your card and are caught in possession of marijuana, it is illegal and you will be charged. 

 

Under current Arizona laws, only individuals holding a valid medical marijuana card can be in the possession of or under the influence of marijuana. 


If you have any amount of marijuana in your possession without holding a valid medical marijuana card, you can be charged a felony. This means you could potentially go to jail, lose your job, be kicked out of school, and many other consequences. 

Charges for Marijuana Possession in Arizona

 According to Arizona law there are different penalties for possession of marijuana depending on the amount and its intended use. 


According to A.R.S 13-3405 which sets the penalties and punishments for marijuana possession, penalties are divided into three categories: weight, intended use, and where it was obtained.


This is the breakdown of possible charges if you are arrested for possession of marijuana and it was under two pounds:


  • Class 6 felony if for personal use
  • Class 5 felony if personally produced
  • Class 4 felony if for sale
  • Class 3 felony if transported or imported into Arizona


This is the breakdown of possible charges if you are arrested for possession of marijuana and it was between two to four pounds:


  • Class 5 felony if for personal use
  • Class 4 felony if personally produced
  • Class 3 felony if for sale
  • Class 2 felony if transported or imported into Arizona


This is the breakdown of possible charges if you are arrested for possession of marijuana and it was more than four pounds:


  • Class 4 felony if for personal use
  • Class 3 felony if was personally produced
  • Class 2 felony if for sale
  • Class 2 felony if transported or imported into Arizona


Even though the charges seem daunting, marijuana possession charges are often reduced when you hire an experienced criminal law attorney to assist you with your case.

I’ve Been Arrested for Marijuana Possession, Now What?

 If this is your first offense and you were not charged with a violent-drug offense, there are aversion programs and laws preventing you from being sent to jail. Arizona’s proposition 200 went into effect in the late 1990s and serves to protect first time non-violent drug offenders from facing jail time. 


Instead, first time and sometimes second time non-violent drug offenders can avoid jail time by going on probation and attending drug education classes. 


If this is your third drug offense or you have been charged with a violent drug offense, you are facing serious charges, and potentially jail time. 

Get Help With Possession of Marijuana Charges

 

JacksonWhite Law has successfully been representing individuals charged with marijuana possession for many years now and have had thousands of successful case results.


Contact us or call us at (480) 660-3438 to schedule your free case review!

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