Marijuana offenses are the most common of all drug offenses in Arizona. Their frequency, however, doesn’t negate their seriousness.
While most people understand that a marijuana possession arrest shouldn’t be a big deal, the fact is that it is a criminal offense.
And any criminal charge can have significant consequences in court, and the consequences of having a criminal conviction for marijuana possession on your record impact your life in many ways. If you are looking for an attorney that can give you the best results and gain your confidence, call me for a consultation.
What are the Penalties for Possession of Marijuana in Arizona?
How you are charged for a marijuana offense depends mostly on how much of the substance you are caught with…
| If the amount of marijuana is: | Then the potential sentence is: |
| Less than 2 pounds (not for sale) | 1 year in prison (Class 6 felony) |
| Between 2 and 4 pounds (not for sale) | 1 ½ years in prison (Class 5 felony) |
| More than 4 pounds (not for sale) | 2 ½ years in prison (Class 4 felony) |
| Less than 2 pounds (intent to sell) | 2 ½ years in prison (Class 4 felony) |
| Between 2 and 4 pounds (intent to sell) | 3 ½ years in prison (Class 3 felony) |
| More than 4 pounds (intent to sell) | 5 years in prison (Class 2 felony) |
| Less than 2 pounds (that you produced) | 1 ½ years in prison (Class 5 felony) |
| 2-4 pounds (that you produced) | 2 ½ years in prison (Class 4 felony) |
| More than 4 pounds (that you produced) | 3 ½ years in prison (Class 3 felony) |
| Less than 2 pounds (transporting into Arizona) | 3 ½ years in prison (Class 3 felony) |
| More than 2 pounds (transporting into Arizona) | 5 years in prison (Class 2 felony) |
In addition to prison time, you will face large fines for your marijuana conviction. The minimum fine you will pay is $750. However, if the value of the marijuana you were caught with exceeds $750, your fine will equal 3 times that value (not exceeding $150,000).
(Arizona Marijuana Laws ARS 13-3405)
If you are only being charged with possession and not possession with intent to sell, you may be eligible for deferred prosecution on your case.
Deferred prosecution refers to a second chance given by the court. You will serve a probationary term and, if completed successfully, your charges will be dropped. However, if you violate this probation you will face the potential original sentence for your crime.
Many people view marijuana charges as fairly minor. The law does not see it this way. You may be facing a life changing prison sentence for the marijuana you were caught with and that can be a scary position to be in.
An experienced attorney can fight to get you fair treatment in court and work to minimize the impact these charges can have on your life. Contact us for an evaluation of your case.