Possession of any amount of marijuana without a valid Arizona Medical Marijuana Act card is a felony under Arizona law. A.R.S. § 13-3405 defines the range of penalties for possession of marijuana and possession of marijuana for sale. Simple possession, that is, possession of a small but usable amount of marijuana for personal use, is a class 6 felony, and may be designated a misdemeanor by the court. Possession of any amount of marijuana over two pounds, the threshold amount, is a felony offense. The seriousness of the felony charge is tied to the amount of marijuana in the person’s possession.
• 2 pounds or less: Class 6 felony
• Between 2 and 4 pounds: Class 5 felony
• 4 pounds or more: Class 4 felony
Possession of marijuana for sale is a more serious offense. A person can be charged with possession for sale if the officers who conducted the investigation find evidence that the person was planning to sell the marijuana. Some examples of evidence the officers look for are the amount of marijuana in the person’s possession; the amount and denominations of cash the person is carrying; whether the marijuana is packaged for sale; whether the person has a scale or some other instrument used to measure quantities of marijuana. The penalties for possession of marijuana for sale are also tied to the weight of the marijuana in the person’s possession.
• Less than 2 pounds: Class 4 felony
• Between 2 and 4 pounds: Class 3 felony
• More than 4 pounds: Class 2 felony
Transportation of marijuana is charged when the police have reason to believe that a person is importing or transferring marijuana for sale. Like the other sections of the statute, the seriousness of the charge is tied to the weight of the marijuana.
• Under 2 pounds: Class 3 felony
• Over 2 pounds: Class 2 felony
As you can see, transportation is a very serious offense.
If you or a loved one has been charged with possession of marijuana, call us today. Our attorneys are familiar with these cases, and frequently achieve good results for even the most serious marijuana related offenses.