A.R.S. 13-3405(A)(1) describes the charge for possession of marijuana. According to the revised code, an individual can’t knowing use or possess marijuana in the state. Typically, if the police accuse you of this crime they claim you have less than two pounds of marijuana in your possession. In other words, the police believe your intent to was to use the marijuana not sell it. Just because you’ve been accused of using or possessing marijuana doesn’t mean you’re guilty. You have the right to fight the drug crimes charge. If you are accused of any drug crimes such as possession of marijuana, contact Maasen Law Firm today for a free initial consultation.
Possible Punishment for Possession of Marijuana Drug Crimes
Proposition 200, or Prop 200, prohibits a judge from sending you to prison for a first or second non-violent drug crimes offense. If this is your first conviction for a non-violent drug crimes offense, you may be sentenced to mandatory drug treatment or probation.
If you don’t comply with your probation, you can be arrested. A judge may force you to stay in jail for two to four weeks. After that the judge may reinstate your probation then release you. Your other option is mandatory drug treatment called Adult Deferred Prosecution Program (TASC). This program takes about three to six months to complete. Once successfully completed, the possession of marijuana case is dropped. The program involves:
- One random urine test each month.
- One three-hour alcohol and drug abuse education seminar (taken on a Saturday).
- Pay a fees up to $700.
You may be ineligible for TASC for the following reasons:
- You have already successfully completed the TASC program.
- You were previously convicted of a drug crimes charge (transportation or sale of drugs, driving while under the influence of drugs, promoting prison contraband or a methamphetamine-related drug conviction).
If you are not eligible for Prop-200 sentencing, you face harsher penalties. Remember, you haven’t been convicted of drug crimes yet. To make sure you fight this charge, talkwith Maasen Law Firm immediately. You can contact us any time of day or night.
If you are convicted of having less than two pounds of marijuana it is a class six felony. You face:
- Up to one year in jail.
- Four months to two years in prison.
If you have two to four pounds of marijuana it is a class five felony. The mandatory sentence is six months to two and one half years in prison. If you have one prior felony conviction, you would receive anywhere between one year to three and three quarters years in prison. However, if you have two prior felony convictions, then you face a harsher penalty. It is three to seven and one half years in prison.
A conviction for marijuana is consider a class four felony when you’re convicted of possessing four pounds or more of the drug. For a first offense you may receive one to three and three quarter years in prison. If you have one prior conviction and this is your second felony offense you may spend two and one quarter to seven and one half years in prison.
If you have two prior felony convictions, you face anywhere from six to 15 years in prison. Also, you must pay a fine of either $750 or three times the value of the marijuana. It depends on which one is of greater value.
Probation is an option when you’re convicted of a misdemeanor possession of marijuana. If you receive probation, you must complete a minimum of 24 hours of community restitution or eight hours of drug crimes classes.
The possible punishments for possession of marijuana are very complicated. For instance, having two felony prior marijuana possession convictions counts against you. To understand more, schedule a free consultation to speak with one of our attorneys about your drug crimes charge.
Possible Defenses for Possession of Marijuana
You have plenty of defense options to a fight drug crimes charge. Since this is a possession charge it’s important to show that you didn’t knowingly possess the marijuana. A lot of times the marijuana may be found in your house or vehicle. You may be unaware that your family member or friend left it. We can also challenge police testimony about any signs or symptoms of marijuana use with skillful cross-examination.
In addition, we will challenge any constitutional violations like Miranda rights violations and refusal to provide you with an attorney. Check out our recent felony victory to understand more about how we will fight your drug crimes charge. Contact us for your free initial consultation.
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