ARIZONA MARIJUANA DEFENSE ATTORNEY
- Former Prosecutor
- Twenty Years Defending Marijuana Cases
Although marijuana is a commonly used substance throughout Arizona and has been legalized for medical purposes, it can still result in serious criminal penalties. Possession, trafficking, distributing, sales or production of marijuana can result in a felony conviction, probation, jail or prison sentences, fines and community service. Convictions for any criminal offense will often cause people to lose educational or job opportunities as well as certain civil rights.
Aggressive Defense to Marijuana Charges
If you have been charged with a marijuana crime in Arizona, it is important to remember that you have the right to a defense. It is essential to contact an experienced marijuana defense attorney who can investigate all aspects of a police investigation, argue relevant legal issues and obtain the most favorable outcome for you.
Attorney Raymond Kimble is a former police detective and felony prosecutor who has successfully represented hundreds of clients charged with possession, sales, cultivation and distribution or trafficking of marijuana throughout Arizona. Mr. Kimble has represented people charged with marijuana offenses at every level and understands how arrests are made, how evidence is gathered and how cases are built against suspects. He will use this knowledge to thoroughly investigate your case, examine the conduct of police and present an effective defense
ARIZONA'S DEFINITION OF MARIJUANA:
According to ARS § 36-2501 marijuana is defined as:
- All parts of the cannabis plant, whether growing or not,
- Seeds from the cannabis plant,
- Resin extracted from any part of the cannabis plant,
- Any compound of the cannabis plant or its seeds or resin,
- Any manufacture of the cannabis plant or its seeds or resin,
- Any salt from the Cannabis plant or its seeds or resin,
- Any derivative of the Cannabis plant or its seeds or resin,
- Any mixture of the Cannabis plant or its seeds or resin, and/or
- Any preparation of the Cannabis plant or its seeds or resin.
TYPES OF MARIJUANA OFFENSES IN ARIZONA:
Criminal offenses and penalties associated with marijuana use are outlined in Arizona Revised Statutes, Chapter 34 of Title 13. The most commonly charged marijuana crimes in Arizona include:
- Possession of Marijuana – ARS § 13-3405(A)(1) – An individual can be charged with this offense if they knowingly possess or use any useable quantity of marijuana. A conviction for this offense is punishable as a class 4, 5 or 6 felony.
- Sale of Marijuana – ARS § 13-3405(A)(2) – An individual can be charged with this offense they knowingly possess a useable quantity of marijuana for sale. A conviction for this offense is punishable as a class 2, 3 or 4 felony.
- Marijuana Cultivation – ARS § 13-3405(A)(3) – An individual can be charged with this offense if they knowingly produce marijuana. A conviction for this offense is punishable as a class 3, 4 or 5 felony.
- Marijuana Trafficking – ARS § 13-3405(A)(4) – An individual can be charged with this offense if they knowingly transport, import into Arizona or offer to transport for sale or import marijuana in to Arizona A conviction for this offense is punishable as a class 2 or 3 felony.
PENALTIES FOR MARIJUANA OFFENSES IN ARIZONA
Under Arizona Revised Statutes, conviction for a marijuana offense will result in a sentence of probation or a term of imprisonment. However, the penalties following a conviction for a marijuana crime can increase or decrease, depending on a variety of factors, such as:
- The quantity of the marijuana involved;
- The number of sales which have occurred;
- Whether the alleged offender has any prior convictions.
The statutory provided penalties for misdemeanor and non-dangerous felony marijuana offenses for a first-time offender in Arizona are as follows:
- A class 1 misdemeanor marijuana conviction can result in a maximum of six months jail, three years of probation and fines of $2,500.00
- A class 6 felony marijuana conviction can result in a prison term ranging from 6 months to 18 months. The presumptive term is 1 year.
- A class 5 felony marijuana conviction can result in a prison term ranging from 9 months to 2 years. The presumptive term is 1.5 years.
- A class 4 felony marijuana conviction can result in a prison term ranging from 18 months to 3 years. The presumptive term is 2.5 years.
- A class 3 felony marijuana conviction can result in 2.5 years to 7 years in prison. The presumptive term is 3.5 years.
- A class 2 felony marijuana conviction can result in a prison term from 4 years to 12.5 years. The presumptive term is 5years.
Anyone who has been convicted of a marijuana offense is required to pay a fine of at least $750.00, or three times the value of the marijuana involved in the offense. Additionally, an individual convicted of a marijuana offense is also required to submit to drug testing during the term of probation. Finally, marijuana offenders are also required to complete community restitution or community service hours.
PROPOSITION 200 AND MARIJUANA POSSESSION
Proposition 200 refers to the referendum approved by voters of Arizona back in 1996. The purpose of the law was to offer treatment to drug users and guarantee probation for first time and second time offenders without facing the possibility of prison. With the exception of some individuals with prior violent offenses, first time marijuana possession offenders would not the face the possibility of prison or jail time for a conviction.
Prior to A.R.S. 13-901.01 (Prop 200), an individual charged with a personal possession of marijuana could face the possibility of prison time without the opportunity of probation and rehabilitation services. After the law, an individual charged with a first time personal possession of marijuana case would not face any prison time, and would not even face any jail time. Second time offenders would also be guaranteed probation and no prison time, but could still face some jail time as a condition of probation. This guarantee would remain even if the individual violated probation.
Prop. 200 changed the landscape of drug prosecutions in Arizona forever. While penalties for personal drug offenses remain stringent (with mandatory fines, community restitution, and drug counseling), jail time remains a last resort for most marijuana offenders. Most first time offenders are given an opportunity for rehabilitation before ever facing the possibility of a prison sentence.
MEDICAL MARIJUANA IN ARIZONA
The Arizona legislature has decriminalized the use and possession of up to 2.5 ounces of usable marijuana and in some cases, up to 12 plants for individuals who qualify for medical marijuana.
Individuals who qualify for medical marijuana in Arizona can include adult patients and patients under the age of 18 who have a designated caregiver, that have been diagnosed with a debilitating medical conviction, and have written certification from their physician. Qualifying individuals are also required to submit an application with the Arizona Department of Health Services before they can receive a medical marijuana card.
The use and possession of medical marijuana is legal in Arizona for qualifying patients; however, medical marijuana patients are still prohibited from:
- Performing tasks under the influence of marijuana that would constitute negligence or professional malpractice;
- Smoking marijuana in public or on public transportation; and
- Operating a vehicle while under the influence of marijuana.
ARIZONA MEDICAL MARIJUANA CULTIVATION
Marijuana cultivation is permissible in Arizona for individuals who are qualifying patients and designated caregivers under the Arizona Medical Marijuana Act.
In order to cultivate marijuana, the qualifying patient or caregiver is required to live more than 25 miles from the nearest dispensary. They cannot grow more than 12 plants, and are required to grow the marijuana in a closed, locked place. An example of a location where marijuana can be grown can include a greenhouse. Dispensaries in Arizona are permitted to cultivate marijuana, but they must do so in a closed, locked area.
Get Experienced Representation: (480) 833-8613
The most important step you can take after being arrested or charged with a marijuana crime is finding the right attorney. Raymond A. Kimble has represented thousands of people charged with marijuana possession, distribution and sales throughout Arizona over the last twenty years. For a free consultation and to learn more about your options, call (480) 833-8613 today.
"...If you need an attorney, he is your guy"
L.V. a recent client