Although Phoenix allows marijuana to be prescribed for specific debilitating medical conditions, it is illegal to possess or consume for anyone who lacks a valid medical prescription. At the least, possessing any amount of marijuana in Phoenix will result in a class 6 felony charge felony information. In Phoenix, you can receive a felony charge for:
- Possessing marijuana for personal use in any amount
- Possessing marijuana for sale in any amount
- Cultivating (growing) marijuana
- Transporting marijuana through Arizona
We do not recommend possessing or consuming marijuana in Phoenix if you are not a medical cardholder. However, if you find yourself arrested for marijuana possession, you should immediately seek out a competent, aggressive defense attorney to fight for your rights.
Lets take a look at the different penalties for marijuana crimes in Phoenix…
Penalties for Marijuana Crimes
Personal Possession of Marijuana Not-For-Sale- According to A.R.S. 13-3405, being caught in possession of any amount of marijuana in Phoenix automatically warrants at least a class 6 felony charge for first time offenders. If you are a first time offender and possess marijuana for your own personal use:
- Possessing less than two pounds that is not meant for distribution can mean a sentence of up to 2 years in prison
- Possessing between two and four pounds of marijuana not for distribution is a class 5 felony charge and a sentence of up to 2.5 years in prison.
- Possessing over four pounds of marijuana not for distribution is a class 4 felony charge and a sentence of up to 3.75 years in prison.
Growing Marijuana Regardless of Intent- Growing marijuana is a very serious crime in Phoenix. If you are growing marijuana, and whether it is for personal use or for sale:
- You can be charged with a class 5 felony for two pounds or less, which includes a prison sentence of up to 2.5 years
- You can be charged with a class 4 felony for between two and four pounds, which includes a prison sentence of up to 3.75 years
- You can be charged with a class 3 felony, which includes a prison sentence of up to 8.75 years
Possessing Marijuana With Intent to Sell- Selling marijuana in Phoenix is at least a class 4 felony. If you are selling marijuana, the following penalties can apply:
- For up to two pounds with the intent to sell, you can face a class 4 felony charge that includes a prison sentence of up to 3.75 years
- For between two pounds and four pounds with the intent to sell, you face a class 3 felony charge that includes a prison sentence of 8.75 years
- For more than four pounds with the intent to sell, you can face a class 2 felony charge that includes a prison sentence of up to 12.5 years
Trafficking Marijuana Regardless of Intent - Phoenix has extremely strict laws on marijuana trafficking. If you are transporting marijuana through Arizona, the following penalties can apply:
- For less than two pounds, you can face a class 3 felony charge, which includes a prison sentence of up to 8.75 years
- For more than two pounds, you can face a class 2 felony charge, which includes a prison sentence of up to 12.5 years
Other Marijuana Crime Considerations
In Phoenix, marijuana crime laws also allow for:
- Fines of up to $150,000 for each felony offense
- The potential for additional surcharges relating to your offense
- Harsher prison sentences if you have previously been convicted of a marijuana (or other drug) crime that can exceed 15 years in prison depending on your history and existing charges. Click Here for comprehensive sentencing guidelines
However, first and second time non-violent offenders who are caught possessing marijuana for personal use may be Proposition 200 eligible. If Prop 200 applies to your case, you may be eligible for a misdemeanor plea bargain. This includes participating in community service and drug diversion treatment programs, versus serving a mandatory prison sentence.
Trust Phoenix Criminal Attorney With Your Marijuana Crimes Defense in Phoenix
It is essential to consult a defense attorney with extensive knowledge of marijuana crime in Phoenix, and proven experience defending marijuana crime cases. We will not stop fighting for your rights, by making sure that every possible legal option and defense strategy is available to you. If you are facing any kind of marijuana crime charge in Phoenix, contact us today for a private, no obligation consultation at 602-551-8092.
