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By Thomas W Dean, Esp :
The following is a summary of Arizona’s marijuana laws, (click here for Arizona’s Medical Marijuana Law) statutes responsible for needlessly destroying of the lives of thousands of Arizonans every year. If you are among them, don’t lose hope. You do not have to stand alone. An experienced marijuana lawyer like Tom is ready and able to help.
Please review the following chart for more information about the marijuana offense you are facing. Please keep in mind that the chart is only a summary of the legal consequences of a conviction. For further information about any particular offense, pleasecontact Tom.
| Charge | Level | Incarceration |
Fine |
| Possession* | |||
| less than 2 lbs | misdemeanor or felony | 6 months – 1.5 years | $750 – $150,000 |
| 2 lbs to 4 lbs | misdemeanor or felony | 9 months – 2 years | $750 – $150,000 |
| 4 lbs or more | felony | 1.5 – 3 years | $750 – $150,000 |
| Near school or bus | felony | additional 1 year | additional $2000 |
| * Eligibility for first and second conviction with drug treatment and testing | |||
| Cultivation / Production | |||
| Less than 2 lbs | misdemeanor or felony | 9 months – 2 years | $750 – $150,000 |
| 2 lbs to 4 lbs | felony | 1.5 – 3 years | $750 – $150,000 |
| 4 lbs or more | felony | 2.5 – 7 years | $750 – $150,000 |
| Possession for Sale | |||
| Less than 2 lbs | felony | 1.5 – 3 years | $750 – $150,000 |
| 2 lbs to 4 lbs | felony | 2.5 – 7 years | $750 – $150,000 |
| 4 lbs or more | felony | 4 – 10 years | $750 – $150,000 |
| Sale or Delivery for Sale | |||
| Less than 2 lbs | felony | 2.5 – 7 years | $750 – $150,000 |
| 2 lbs or more | felony | 4 – 10 years | $750 – $150,000 |
| Paraphernalia | |||
| Possession Paraphernalia | misdemeanor or felony | 6 months – 1.5 years | up to $150,000 |
| Marijuana DUI | |||
| Impaired to Slightest Degree | Misdemeanor or Felony | Varies | Varies |
| THC Metabolites in Blood | Misdemeanor or Felondy | Varies | Varies |
DETAILS:
Simple Possession: In Arizona, convictions for possession of marijuana and marijuana paraphernalia is a criminal offense and may be charged either as a misdemeanor or felony, at the discretion of the State.
Incarceration cannot be imposed for a first or second offense, but probation may be imposed and drug treatment or education may be required, especially if it is a second offense. While unlikely, in some cases, persons on probation must also submit to urine drug tests as a condition of their probation.
Beginning with the third offense, incarceration is at the discretion of the judge.
Sales/Cultivation: Convictions for marijuana offenses related to the sale, possession for sale and cultivation are punishable by imprisonment, but probation may be granted at the discretion of the judge for the first offense. After than, prison time is mandatory unless a plea agreement is reached that specifically calls for probation.
Early Release: With the exception of school zone cases, a person sentenced to prison is eligible for early release after serving approximately 85% of the total prison sentence.
School Zone Enhancement: Possession or sale within 300 feet of a school, on any public property within 1000 feet of any school, at any school bus stop or on any bus transporting pupils to or from school adds an additional one year to any prison sentence and anyone sentenced to prison is not eligible for early release (parole).
Click here to see marijuana-related arrest statistics in Arizona