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:
- Advertising marijuana and THC concentrates for sale on internet websites
- Selling marijuana without being approved as a dispensary by the Department of Health Services
- Transporting large quantities of marijuana within Arizona and across state lines for the purpose of selling it illegally
- 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:
- Illegal Search and Seizure by Police
- Violations of your Miranda Rights
- Challenging Search Warrants or the use of Informants