Marijuana Crimes: A.R.S. 13-3405
When Prop 207 passed in Arizona in 2020, it became legal to possess, consume, cultivate, transport, or process a certain amount of marijuana within the state. However, Prop 207 was not a blanket allowance to use marijuana in all capacities.
It is legal in the state of Arizona to:
- Possess, consume, or transport 5 ounces or less of marijuana, of which not are than twelve and one-half grams is in the form of marijuana concentrate.
- Possess, transport, cultivate, or process not more than six marijuana plants at your primary residence for personal use.
- Possess, use, or transport paraphernalia related to the cultivation, manufacture, processing, or consumption of marijuana.
However, according to A.R.S. 13-3405, unless listed above, it is not legal to do the following:
Possess or Use Marijuana
- Less than two pounds is a class 6 felony.
- Two pounds but up to less than four pounds is a class 5 felony.
- Four pounds or more is a class 4 felony.
Possess Marijuana for Sale
- Less than two pounds is a class 4 felony.
- Two pounds but up to less than four pounds is a class 3 felony.
- Four pounds or more is a class 2 felony.
Produce Marijuana
- Less than two pounds is a class 5 felony.
- Two pounds but up to less than four pounds is a class 4 felony.
- Four pounds or more is a class 3 felony.
Traffic Marijuana
The trafficking of marijuana includes transporting for sale, importing into Arizona for sale, offering to transport for sale, offering to import into Arizona, selling, transferring, or offering to sell or transport marijuana.
- Less than two pounds is a class 3 felony.
- Two pounds or more is a class 2 felony.
Incarceration Lengths
A first-time offender would face the following incarceration lengths if convicted:
- Class 6 Felony – Up to 2 years.
- Class 5 Felony – Up to 2.5 years.
- Class 4 Felony – Up to 3.75 years.
- Class 3 Felony – Up to 8.75 years.
- Class 2 Felony – Up to 12. 5 years.
Additional Penalties for Marijuana Crimes
Per A.R.S. 13-3401, the threshold amount of marijuana in Arizona is two pounds.
If the aggregate amount of marijuana involved in one or all of the offenses exceeds the statutory threshold amount, the offender will not be eligible for suspension of sentence, probation, pardon, or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to law, or the sentence is commuted.
In some cases, the offender may be ordered to perform 240 hours of community restitution.
Offenders will be court-ordered to pay a fine of at least $750 or three times the value of the marijuana involved, whichever is greater.
Offenders who are granted a misdemeanor conviction will be ordered to attend 8 hours of drug education courses or to perform 24 hours of community restitution.
RIDEOUT LAW GROUP
With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.
Our goal is for the best outcome for your criminal case, which can include:
- charges that are reduced or dropped.
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- fines or probation in lieu of jail time.
At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.
Call us today for a free consultation at 480-584-3328.