You Cannot Sell Marijuana in Arizona Without a License

Posted by Raymond Kimble | Jan 26, 2021 | 0 Comments

Recreational Marijuana Use in Arizona is Now legal

With the passage of Proposition 207 in November, recreational marijuana use became legal in Arizona.  As a result, people aged 21 and older may:

  • Possess up to one ounce of marijuana
  • Possess up to five grams of THC concentrates
  • Grow up to six marijuana plants at home

Additionally, the Arizona Department of Health Services has licensed 73 dispensaries to begin selling recreational marijuana products.

Only Licensed Dispensaries Can Sell Marijuana in Arizona 

Although recreational marijuana use is now permitted in Arizona, police will still investigate, arrest and prosecute individuals who are engaged in the illegal transportation and sale of marijuana.  There are many ways people can find themselves facing serious criminal charges related to marijuana sales.  Some of these include:

  1. Advertising marijuana and THC concentrates for sale on internet websites
  2. Selling marijuana without being approved as a dispensary by the Department of Health Services
  3. Transporting large quantities of marijuana within Arizona and across state lines for the purpose of selling it illegally
  4. Growing more than the number of plants currently allowed.

The Law Governing Illegal Sale or Transportation of Marijuana

Arizona Revised Statute 13-3405 prohibits individuals from selling or transporting marijuana for sale.  The classification of felony someone faces after being arrested for selling or transporting marijuana for sale in Phoenix is dependent upon the amount of marijuana involved in the offense. For offenses involving marijuana weighing:

  • Less Than Two Pounds - You can be charged with a Class 4 felony and be placed on probation or sentenced up to 3.75 years in prison 
  • Between Two and Four Pounds - Is a class 3 felony and again can result in probation or up to 8.75 years in prison
  • Greater Than Four Pounds - Will result in prosecution for a class 2 felony.  Moreover, if you are convicted of selling or transporting more than four pounds of marijuana, a prison term between 3 and 12.5 years is mandatory.

In addition to a permanent felony conviction and probation or prison, people convicted of illegally selling or transporting marijuana for sale in Maricopa County also face mandatory community service and fines.

Defending Against a Marijuana Sales Charge in Arizona

Given the potential for a permanent felony conviction on your record as well as the severe penalties associated with a conviction for transporting or selling marijuana in Tempe, you should immediately consult an experienced marijuana sales defense lawyer following an arrest.  There are a number of defenses which may be available to obtain the most favorable result possible. Possible defenses include:

  1. Illegal Search and Seizure by Police
  2. Violations of your Miranda Rights
  3. Challenging Search Warrants or the use of Informants

Call (480) 833-8613 for Immediate Help

If you, a family member or friend has been arrested for illegally selling or transporting marijuana in Arizona, it is important that you immediately begin working with a qualified attorney who can effectively represent you in the court of law, take necessary steps to protect your rights and get the best result possible.   Attorney Raymond Kimble is a former police officer and felony prosecutor and has represented thousands of people charged with marijuana related offenses in Tempe, Mesa, Gilbert, Scottsdale, Phoenix and other cities throughout Maricopa and Pinal Counties over the last twenty years. Ray Kimble  will have a clear understanding of all the circumstances in your case, along with the knowledge, skill and experience to protect your rights and future and achieve the best possible outcome for you.

About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.


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