Possession of Marijuana


Phoenix Marijuana Lawyer

Although Arizona allows marijuana to be prescribed for specific debilitating medical conditions, it is illegal to possess or consume for anyone who lacks a valid medical prescription. At the least, possessing any amount of marijuana in Arizona will result in a class 6 felony charge. In Arizona, you can receive a felony charge for:

  • Possessing marijuana for personal use in any amount
  • Possessing marijuana for sale in any amount
  • Cultivating (growing) marijuana
  • Transporting marijuana through Arizona

We do not recommend possessing or consuming marijuana in Arizona if you are not a medical cardholder. However, if you find yourself arrested for marijuana possession, you should immediately seek out a competent, aggressive Phoenix marijuana lawyer to fight for your rights.

Lets take a look at the different penalties for marijuana crimes in Arizona…

Penalties for Marijuana Crimes

Personal Possession of Marijuana Not-For-Sale- According to A.R.S. 13-3405, being caught in possession of any amount of marijuana in Arizona automatically warrants at least a class 6 felony charge for first time offenders. If you are a first time offender and possess marijuana for your own personal use:

  • Possessing less than two pounds that is not meant for distribution can mean a sentence of up to 2 years in prison
  • Possessing between two and four pounds of marijuana not for distribution is a class 5 felony charge and a sentence of up to 2.5 years in prison.
  • Possessing over four pounds of marijuana not for distribution is a class 4 felony charge and a sentence of up to 3.75 years in prison.

Growing Marijuana Regardless of Intent- Growing marijuana is a very serious crime in Arizona. If you are growing marijuana, and whether it is for personal use or for sale:

  • You can be charged with a class 5 felony for two pounds or less, which includes a prison sentence of up to 2.5 years
  • You can be charged with a class 4 felony for between two and four pounds, which includes a prison sentence of up to 3.75 years
  • You can be charged with a class 3 felony, which includes a prison sentence of up to 8.75 years

Possessing Marijuana With Intent to Sell- Selling marijuana in Arizona is at least a class 4 felony. If you are selling marijuana, the following penalties can apply:

  • For up to two pounds with the intent to sell, you can face a class 4 felony charge that includes a prison sentence of up to 3.75 years
  • For between two pounds and four pounds with the intent to sell, you face a class 3 felony charge that includes a prison sentence of 8.75 years
  • For more than four pounds with the intent to sell, you can face a class 2 felony charge that includes a prison sentence of up to 12.5 years

Trafficking Marijuana Regardless of Intent- Arizona has extremely strict laws on marijuana trafficking. If you are transporting marijuana through Arizona, the following penalties can apply:

  • For less than two pounds, you can face a class 3 felony charge, which includes a prison sentence of up to 8.75 years
  • For more than two pounds, you can face a class 2 felony charge, which includes a prison sentence of up to 12.5 years

Other Marijuana Crime Considerations

In Arizona, marijuana crime laws also allow for:

  • Fines of up to $150,000 for each felony offense
  • The potential for additional surcharges relating to your offense
  • Harsher prison sentences if you have previously been convicted of a marijuana (or other drug) crime that can exceed 15 years in prison depending on your history and existing charges. Click Here for comprehensive sentencing guidelines.

However, first and second time non-violent offenders who are caught possessing marijuana for personal use may be Proposition 200 eligible. If Prop 200 applies to your case, you may be eligible for a misdemeanor plea bargain. This includes participating in community service and drug diversion treatment programs, versus serving a mandatory prison sentence.

Trust Arizona Marijuana Attorney Laboy Law

It is essential to consult a Phoenix marijuana lawyer with extensive knowledge of marijuana crime in Arizona, and proven experience defending marijuana crime cases. Arizona marijuana attorney Laboy Law will not stop fighting for your rights, by making sure that every possible legal option and defense strategy is available to you. If you are facing any kind of marijuana crime charge in Arizona, contact Laboy Law Phoenix marijuana lawyer today for a private, no obligation consultation at 602-777-3368.

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