Last year voters in Arizona approved a measure allowing the sick to legally engage in marijuana consumption. Governor Brewer, opposed to the measure, reluctantly signed it into law. But to date, there are no real clear regulations on how these card holding, medically approved patients are supposed to get their marijuana.

Essentially, the new law allows for people to consume marijuana once they obtain medical clearance. However, it doesn’t give them any indication of how they are supposed to get it. Brewer put a stop to dispensaries, requesting a federal judge to review the new law before giving the green light to these medical marijuana retail establishments. In the meantime, unofficial marijuana “clubs” have popped up in an effort to serve patients who otherwise aren’t sure where to turn.

More than 7,500 cards have been issued thus far by the state according to the New York Times. But no licenses have been issued to dispensaries. Brewer’s apparent concern is that the medical marijuana law violates federal law and she’s filed suit in federal court asking for clarification.  Ironically, she took the other side of the argument in the battle between state vs. federal laws when it came to the Arizona Immigration Law. The same judge will be reviewing this case.

Since the passing of the law, some card-holding patients have had their homes raided in what the police say is an effort to uncover those that are using the law incorrectly.

Some understand the law to allow sale between cardholders. This has led to the development of marijuana clubs that allow for the purchase of pot between patients for a membership fee. Patients are, according to the law, allowed to grow their own marijuana.

Some are scared away from getting medical clearance for pot because they are scared of attracting the attention of law enforcement. It’s assumed that at least some of these folks would rather continue to smoke illegally than have their name added to a registry of patients.

However, the bottom line is, if you are not an approved medical marijuana card holder and you are caught with marijuana, you can be criminally charged. And because officials seem so opposed to the medical marijuana movement, you can bet they will not be going easy on marijuana offenders.

Arizona marijuana charges are notoriously harsh. If you are caught in possession of any amount under 2 pounds, you face felony charges and a potential year in prison.

If you are charged with possession of marijuana or any drug possession offense, you need an experienced criminal defense lawyer on your side. Contact my offices today to discuss your case.

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Next month the Drug Treatment Alternative to Prison program will be launched in Pima County, according to the Pima County Attorney a $1.1 million federal grant will fund the new program aimed at providing incarceration alternatives to people with drug problems.

The program is modeled after a 20 year old Brooklyn program that is said to have been highly successful over the years. Considering drug cases have increased 171% since 2002 in the area, the County is banking on that same success here.

The idea is to treat addicts for their drug problems rather than incarcerating them for their addiction. The former is more likely to keep them out of prison going forward whereas sending them to incarceration doesn’t really treat the issue that brought them there in the first place.

Under the new system, low level drug offenders may be selected to participate. They will spend a few months in a residential treatment community and will have access to different community programs upon their release. Things like counseling, school, and job training will work together to support the offenders and encourage their success.

Across the country, lawmakers and those within the criminal justice community are beginning to see that the “War on Drugs” has served to do little more than spend millions of dollars and create felons out of people with real addiction problems. It has done little to nothing to reduce the drug problem and instead has helped to make this country the most incarcerated in the entire world.

Arizona in particular is one state whose laws are designed to punish rather than treat and rehabilitate. The fear of Mexican drug cartels and their crime habits may help to fuel this.

But, when you are facing drug charges, there is little comfort in the “whys” of the law. Instead, you want to know what your options are and if you’ll be headed to prison or given the help you might need.

While this program in Pima County isn’t scheduled to get started until January and it will be limited in size, there are other opportunities out there to get people help. If you are facing charges and wondering what options are available to you—call us today.

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This November, Arizonans will go to the polls for a third time in regards to medical marijuana. The last two times they voted to allow certain members of the population to gain access to the substance with legal prescriptions. However, the laws were never enacted due to vague language and other legislative objections.

Supporters state Prop 203 is ready to be passed and that Arizona is slotted to become the 15^th state to enact medical marijuana legislation.

If passed, medical marijuana laws in the state will allow those people in need of the substance to obtain prescriptions from their licensed physicians. They would be allotted 2.5 ounces of pot every 2 weeks.

For those patients who don’t have a green thumb, the medical grade marijuana would be sold from state approved dispensaries. But, if they opted to grow it themselves or lived more than 25 miles from a dispensary, the authorized patients would be allowed to have 12 plants at a time.

While the law and doctors would ultimately decide who could get marijuana and who couldn’t, most prescriptions would go to those suffering from cancer, HIV/AIDS, Hepatitis, Alzheimer’s, and other chronic and debilitating medical conditions.

While California stands ready to legalize marijuana altogether at the polls, Arizona is just considering allowing pot for prescribed patients. Criminal laws for anyone caught with weed and without a prescription card would remain the same.

Advocates of medical marijuana point to its ability to muddle the pain of debilitating diseases and its ability to rekindle appetites that have dwindled due to chemotherapy or other treatments. Many physicians recognize that some of their patients have seen increased quality of life with the use of marijuana, though they have had to use it illegally under current laws.

Social marijuana users, those without any medical reasons for using the substance see the passing of such medical legislation a potential step in the right direction. They hope, like California, that Arizona may see complete legislation come to vote in the next several years. Until that time, however, you will still face criminal charges if caught with it.

Although you may qualify for deferred prosecution when charged with possession of marijuana, it’s still a felony charge. Even possession of one ounce is classified as a Class 6 felony.

When facing felony charges like these, it’s a good idea to consult with a defense attorney about what you’re up against. Contact me today to discuss your charges. I can help you make sense of your options and may be able to help you fight the charges.

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This November, Arizona could be the latest state to add medical marijuana legislation to the books. Though the proposed laws are stricter than California’s, Arizonans may be poised to allow some of the most sick residents access to the “benefits” of pot.

Proposition 203 was placed on the ballot after supporters got 250,000, more than the 150,000 required. Currently, thirteen states have medical marijuana laws and many are looking to put it to a vote come this fall.

The Arizona law would allow only those who have serious illnesses to obtain the drug. According to the State Press, the proposed law dictates exactly which conditions are eligible. Those conditions and diseases include things like HIV, AIDS, hepatitis C, cancer, seizures, chronic pain, and persistent muscle spasms. These restriction and explicit limitations would make Arizona’s medical marijuana laws similar to New Jersey‘s, and not so permissive as in California.

In an effort to satisfy opponents and those that question if the proposed legislation could increase crime, a cap would be put on the number of dispensaries. A total of 124 dispensaries would be allowed in the state, one for every 10 pharmacies.

Supporters of medical marijuana range from those who would qualify for its legal use and those who don’t see the harm in the drug at all. Many make a good point when asking what criminalizing marijuana has done for the state and the country—aside from increasing costs exponentially and driving a disastrous drug trade between the U.S. and Mexico.

For those who smoke recreationally and see the medical marijuana issue as a potential precursor to overall legalization—they may be on to something. California will be voting on whether to legalize marijuana this fall and if Californians legalize, it could be a sign of things to come in other states.

However, in the meantime, marijuana is a controlled substance. One for which you can face serious penalties if caught in possession of. Sure, being caught with marijuana isn’t as serious as being caught with heroin, but it is a crime.

For a first time marijuana charge, there’s a good chance you will qualify for deferred prosecution. This means you will be required to serve a period of probation. When completed, your charges are dropped and do not appear on your record.

Although possession of less than two pounds of marijuana is considered a felony, it can often be pled down to a misdemeanor with the help of an attorney. Even when you don’t get a deferred prosecution, there’s a good chance for your first few offenses that you won’t serve jail time at all.

If you’re facing charges of possession of marijuana or possession with intent to distribute—call me today. I can give you some valuable legal advice.

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A Tucson podiatrist stands accused of several prescription drug offenses along with two of her employees. It appears the woman and her staff were writing and filling fraudulent prescriptions at local pharmacies. It isn’t clear whether the acts were done to feed their own addictions or if the pills were then sold.

The doctor is facing a slew of charges including: conspiracy, 8 counts of trafficking in the identity of another person, 3 counts of fraud, 68 counts of obtaining a narcotic by fraud, and 9 counts of obtaining a dangerous drug by fraud. These are all very serious charges and should she be convicted, she will likely spend several years in prison.

The three charged with the offense used names belonging to patients and even family members to get prescriptions filled. According to KVOA, the indictment accuses the doctor of “participating in a large scale prescription drug fraud”.

Prescription drug abuse is a growing problem. More and more people are turning their addictions to these types of drugs over the typical cocaine and heroin of decades gone by. It could be because these are highly available and easy to obtain, or because they still don’t have the stigma of other illegal drugs.

However, most of the prescription drugs entering the illegal drug trade enter it through a physician or other medical professional. These professionals are often held in the highest esteem, making it a long and tough fall when they are arrested and charged with drug offenses.

Whether you are talking about prescription drugs or other illegal drugs, it’s important to realize it takes all types. What I mean is, people facing drug charges don’t always look like the junkie on the corner. Doctors, teachers, and business people alike get caught up in the criminal justice system—often on drug charges like these.

If you are charged with possession of narcotics, including cocaine, heroin, or morphine, you could face felony charges and a potential 18 months in prison. However, if this is your first offense, you could qualify for deferred prosecution.

Deferred prosecution is a chance to serve probation before being formally tried. If you are successful on probation, the charges against you will be dropped.

If you’re facing drug charges, you need an aggressive defense attorney on your side. Contact me today to discuss the details of your case and how I can help. I can give you some valuable legal advice.

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Arizona is the gateway for Mexican drug cartels and organized crime. As this article from the East Valley Tribune explains, that “gate swings both ways.” Drugs and people come in while profits head back to Mexico, funding the cycle of organized crime that involves drug and human trafficking.

The Arizona Attorney General Terry Goddard is trying to hit the drug cartels where it hurts, in their pockets. With human trafficking allegedly bringing the DTO’s (drug trafficking organizations) $2 billion last year, tightening the funnel that takes that cash across the border is crucial in making things more difficult for the drug kingpins.

But, what about the regular citizens of Arizona? Affected by the run-off from these large drug operations, we see acquaintances, neighbors, and friends getting caught up in addiction and crime that may have otherwise not reached them.

Marijuana, heroin, and now methamphetamines are coming over through Mexican drug cartels. Arizonans may pass by trucks filled with drugs or even victims of human trafficking without knowing it. Because the majority of our “imported” illegal drugs come from Mexico, Arizona is a hot spot of recreational use and addiction alike.

The Arizona criminal courts are no stranger to seeing criminal cases that involve people connected to the Mexican drug trade. The judges and prosecutors also know that native Arizonans with no Mexican connections can just as easily get caught up in the cycle of drugs and crime.

Whether facing simple charges of possession of a controlled substance or even drug trafficking, having a defense attorney on your side is crucial to the potential success of your case. Knowing you have someone in your corner, looking out for your best interests can bring a small sense of relief during this stressful time.

Officials in Arizona take drug charges very seriously, and so should you. If you are facing charges and need legal help, call me.

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