Possession or Use of Marijuana in Arizona, is typically defined as possessing less than the less than two pounds of marijuana. This is normally charged as a class six felony.
Watch this video if David Michael Cantor explain Drug Possession Charges or Use of Marijuana Charges in Arizona.
If you’ve been suspected of possession or use of marijuana in Arizona then you will want a lawyer who has successfully defended clients in court for marijuana possession. Illegal marijuana possession also includes marijuana sold in dispensaries if you do not have a medical marijuana card, these items include: THC concentrate liquid, edibles (cookies, chocolate, gummy bears, candy, etc.), wax and wax concentrate (Dabs), and anything else with a THC content.
Possible Sentence for Less Than 2lbs of Marijuana (Class 6 Felony)
If probation is violated, you can be taken into custody from two to four weeks until the Judge reinstates your probation and issues your releases. These charges may be resolved by an experienced marijuana defense lawyer by either pleading them down to a misdemeanor, which can carry up to six months in jail if you violate probation or a TASC resolution.
Multiple Offenses or TASC Ineligible Sentences
- Up to 2 Years Prison
If the accused has already participated in the TASC program or they have been previously convicted of a drug charge, then they are deemed TASC ineligible. However, a person is still Prop 200 (TASC) eligible if they only have one prior low level drug conviction, or they have only done TASC one prior time.
You will not be TASC eligible if the prior conviction was for sale of drugs, promoting prison contraband or driving while under the influence of drugs.
If the Prosecutor finds you have two prior convictions they will not allow you to be Prop 200 eligible for a third offense which will result in up 2 years of incarceration.
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Two to Four lbs of Marijuana (Class 6 Felony)
If the accused possesses from two to four pounds of marijuana and the drug is for personal use and is not for sale, then under Arizona law this is a class five felony, which carries a mandatory prison sentence.
Possible Sentences 2-4lbs of Marijuana (Class 5 Felony)
- First Offense: 2.5 Years Mandatory Prison Time
- Second Offense: Up to 3.75 Years in Prison
- Third Offense: Up to 7.5 Years in Prison
If the accused possesses more than four pounds of marijuana and is for personal use only (not for sale) you will be charged with a class four felony.
Possible Sentences Greater Than 4lbs of Marijuana For Personal Use (Class 4 Felony)
• First Offense: Up to 3.75 Years Mandatory Prison Time
• Second Offense: Up to 7.5 Years in Prison
• Third Offense: Up to 15 Years in Prison
Legal Defenses for Marijuana Possession or Use
The Criminal Trial Lawyers at DM Cantor take pride in knowing more about how to defend your Marijuana possession charges in Arizona than prosecutors and police officers. Some possible defenses are:
• The Accused Did Not Knowingly Possess Any Drugs
• Miranda Rights Violation
• Denial of Right To Counsel
A conviction of Possession or Use of Marijuana in Arizona has lifelong consequences and can put the rest of your future in jeopardy.
If you are facing Marijuana Possession charges, you need an experienced marijuana lawyer with a proven track record on your side. A conviction for Possession or Use of Marijuana is potentially a felony charge and may require you to serve time in prison. These charges are nothing to take lightly.
David M. Cantor is a Certified Criminal Defense Specialist and the premier Defense Attorney in Arizona. DM Cantor is AV® rated and is listed in the Bar Register of Preeminent Lawyers®, Criminal Law Section and has a proven track record in defending marijuana possession charges in Arizona.
Do not hire anyone less than the best to defend you with these serious allegations. Click the following link to see a sampling of our Drug Case Victories in Arizona. An experienced Marijuana Lawyer in Arizona should have tried many of these types of cases, when you visit them ask for their case results.
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