Possession of Marijuana in Phoenix, AZ

Possession of marijuana (Cannabis) in Phoenix is considered a felony and it falls under the Arizona Legislation known as Proposition 200. Proposition 200 (Prop 200) is essentially three strikes, and you’re out.

The penalties for possession of marijuana takes into account several factors. The factors include the amount that you were in possession of at the time of the arrest, was the marijuana for personal use or for sale, and was it being transported into or around the state of Arizona.

1st Time Possession of Marijuana Penalties

  • Probation with the possibility of up to 3 years of probation
  • Depending on the circumstances possible negotiation down to a misdemeanor
  • The possibility of negotiating enrollment in a program called TASC (Treatment Assessment Screening Center). TASC is an Adult deferred prosecution program and if completed successfully which includes monthly random urine tests and the completion of a drug class your case will be dismissed.

2nd Time Possession of Marijuana Penalties

  • Probation
  • Depending on the circumstances you could face up to one year in county jail

3rd Time Possession of Marijuana Penalties

Mandatory prison sentence if found guilty after trial medical marijuana in Phoenix

Did you know that you can also be charged with possession of drug paraphernalia without the actual presence of marijuana?

Medical Marijuana

On November 2, 2010, Arizona passed the Medical Marijuana Act otherwise known as Proposition 203. Prop 203 allows those with terminal and serious injuries that include conditions such as cachexia or wasting, and chronic pain to legally use medical marijuana, protecting them from arrest and prosecution with a Medical Marijuana Program ID. The proposition, however, does come with restrictions.

Examples of Medical Marijuana use allowable by Law

  • A qualifying patient can possess up to 2.5 ounces (as recommended by their physician.)
  • In some instances, a patient may be able to cultivate marijuana. A qualifying patient, however, must be authorized to grow marijuana, and their identification card must verify that they are eligible.

Examples of Medical Marijuana Restrictions

  • Being in control of a motorized vehicle while under the influence of medical marijuana including a car, aircraft or motorboat.
  • Possession or use of marijuana in a child care facility is prohibited
  • Possession or under the influence of medical marijuana on federal grounds
As you can see from the above medical marijuana is forbidden in federally funded institutions such as schools and government buildings. These organizations are excluded from the law as they practice a zero-tolerance for a drug that hasn’t been approved by the Food and Drug Administration (FDA). If found to be in possession of or under the influence of medical marijuana on federal grounds in most cases it can lead to termination.

For more in-depth information about the ramifications of marijuana possession in Scottsdale, Arizona, contact criminal defense attorney Aaron Black or call (480)729-1683 for a free consultation today!
  • State Bar of Arizona
  • State Bar of South Dakota
  • American Bar Association
  • Arizona Attorneys for Criminal Justice
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