Conviction of possession of marijuana or intent to sell charges lead to serious punishment in Arizona. Under state law, “marijuana” refers to any or all parts of the cannabis plant from which the resin has not been extracted. The plant may be growing, dead, or just in the form of unsterilized seeds capable of germination. Police and prosecutors work closely together to ensure as many convictions as possible are delivered on cases of possession or sale of these plants, with felony convictions resulting in jail time, prison, expensive fines and other penalties.
When Marijuana Possession Becomes Intent to Sell
Arizona Revised Statute, ARS 13-3405 states, “A person shall not knowingly possess or use marijuana” or “possess marijuana for sale.” But what makes possession of marijuana “intent to sell?” The statute defines possession of marijuana for sale as meeting three standards beyond a reasonable doubt:
When the term “driving under the influence” is heard, the first thing that usually comes to mind is alcohol intoxication. But alcohol is only one of the countless substances that can impair an individual’s ability to drive. Driving under the influence of drugs, including prescription medications and illegal substance can cause severe consequences. According to the Substance Abuse and Mental Health Services Administration (SAMHSA), approximately 10 million Americans drive under the influence of drugs each year, making up 18% of fatally injured drivers. Let’s examine the top three consequences that drugged driving can cause. (more…)
A question we get from clients quite often is What is Possession of a Dangerous Drug in Arizona?
In this short video, David Cantor explains Dangerous Drug charges in Arizona:
Arizona law defines a dangerous drug as a prescription narcotic that is not marijuana. Usually, dangerous drugs include cocaine, methamphetamine or prescription drugs used as antidepressants or pain medication.
A.R.S. §13-3407, the statute that addresses the possession or use of a dangerous drug in Arizona, establishes a variety of parameters regarding dangerous drugs. In addition to defining dangerous drugs, the statute categorizes the offense as a class 4 felony. However, if the offender has no prior felony convictions and if the drug is not an amphetamine or a methamphetamine, the judge could reduce the offense to a class 1 misdemeanor.
Proposition 200, enacted by Arizona voters in 1996, made many offenses for possession of drugs punishable by only probation, including first and second non-violent crimes. This means that offenders will receive no time in custody unless they violate their probation terms and are arrested. In that event, the defendant could need to wait in jail until the courts reinstate probation, which could take up to a month. However, possession of methamphetamine does not qualify for Proposition 200 designation.
Drug offenders who are charged with a misdemeanor could receive up to six months in custody for probation violation. Sometimes, another option for first-time drug offenders is TASC, which defers prosecution for one to two years until the defendant fulfills all the requirements of the program. While the program is strict and well-structured, it enables defendants to qualify for a complete dismissal of the possession of dangerous drugs charge.
For six months, TASC candidates must attend a weekly group counseling session and attend two support group meetings a week, such as AA or NA. They must also complete a three-hour substance abuse education class and submit to drug and alcohol testing as scheduled. Finally, they must report for at least one office visit every month. Offenders are responsible for all program costs, which range from $2,000 to $2,500.
A class 4 felony that is determined ineligible for Proposition 200 can mean a sentence ranging from probation with no time in custody up to a prison sentence of between 12 months and 45 months. For an offender who has a prior felony record, the time in custody increases accordingly.