Possession of Marijuana in Arizona: ARS 13-3405
Learn about what marijuana possession means in Arizona, and what you can expect if you're facing these charges in the Grand Canyon State.
Although many laws and statutes in the state can be a little confusing, Arizona’s laws about marijuana possession are clearly stated in ARS 13-3405. It’s illegal to possess or use marijuana for the purpose of selling it or personal use.
This excludes people who are legally permitted to possess or use it for medical reasons, of course, though that may exclude possession on college campuses, soon.
Possession of drug paraphernalia often gets charged with marijuana possession and other substances can result in “possession of a dangerous drug” charges (covered in ARS 13-3407).
Possession Laws Covered in ARS 13-3405
There are four main laws meant to regulate the possession and use of marijuana in the Grand Canyon state. These laws state that the drug may not be:
· Produced
· Possessed or used
· Possessed with intent to sell
· Imported into or transported within the state
Penalties for Possession of Marijuana
Punishments for violation of ARS 13-3405 will be determined by the amount of marijuana involved. Penalties are divided into a few categories; less than two pounds, between two and four pounds, and more than four pounds.
Less than Two Pounds
Possession of less than two pounds can result in a:
· Class 3 felony if it was imported into or transported within Arizona
· Class 5 felony for personal production of marijuana
· Class 4 felony if the marijuana was being sold
· Class 6 felony if it was just for personal use
Between Two and Four Pounds
Penalties for possession of between two and four pounds can result in a:
· Class 2 felony if it’s imported into or transported within Arizona
· Class 4 felony for personal production
· Class 3 felony if the marijuana was being sold
· Class 5 felony for possession for personal purposes
Four Pounds or More
Penalties for possession of four pounds or more can result in a:
· Class 2 felony if it was imported into or transported within Arizona
· Class 3 felony if the marijuana was produced personally
· Class 2 felony if the marijuana was for sale
· Class 4 felony for possession for personal purposes
Fines and Incarceration for Marijuana Possession
If the offender has less than 2 pounds, the charge could be a misdemeanor or felony and result in between 6 months to one and a half years of incarceration. Between two and four pounds could result in a misdemeanor or felony and between nine months and two years of incarceration.
Four pounds or more could be a year and a half to three years of incarceration, while getting caught with marijuana near a bus or school is a felony and one additional year. The fine for each of these charges could be between $750 and $150,000, with an extra $2,000 charged for possession near a bus or school.
Drug offenses for marijuana possession often result in a class 1 misdemeanor with legal help. In addition, offenders may be eligible for an education program or diversion course and dismissed charges as a result.
Once someone participates in a program like this, they have to prove they are no longer using marijuana by taking drug tests. As soon as they’ve successfully finished the program, they might be able to get the charge removed.
Cannabis Concentrates and Hashish
In Arizona, cannabis concentrates and hash are listed as cannabis and are considered schedule 1 drugs. Cannabis is defined as resin extracted from cannabis and any preparation, mixture, manufacture, or compound of the plant including resin or seeds. It also includes preparations, mixtures, derivatives, salts, and compounds of tetrahydrocannabinol or resin.
Proposition 200 in Arizona
This proposition prohibits drug offenders from jail time if it’s their first or second offense and a nonviolent crime. They will only have to face incarceration after a third conviction. However, if they committed other crimes as well, it will impact potential incarceration and sentencing.
Offenders will likely face probation in addition to diversion, which will enforce sobriety along with the program. They might be subject to surcharges and fees or have to complete court-assigned community service.
The TASC Diversion Program
TASC, the Treatment Assessment Screening Centers, is an organization run by the Attorney’s office of Maricopa County. It provides substance testing to first-time drug offenders and is part of a larger program. It’s nationally recognized for behavioral health and creating life-changing and positive growth in participants.
TASC was founded in 1977 in Arizona and offers rehabilitation, education, and treatment options for people dealing with drug abuse issues. The non-profit program aims to make Arizona communities healthier and safer by emphasizing treatment over incarceration.
Deferred Prosecution
If someone is charged with drug possession and not intent to sell marijuana, they may get deferred prosecution. In this case, deferred prosecution is only possible if they were invited to the program and isn’t mandatory. If the offender then completes the program, they might get their charges dismissed by the court.
If the program’s terms are violated, however, the offender may face a criminal conviction and exposure to a full range of sentencing and penalties. Although many Arizona citizens think of marijuana possession charges as small and insignificant, the prosecution won’t necessarily view it that way.
What is a Usable Amount under 13-3405?
To get a possession charge in Arizona, the offender must have had a “usable” amount of marijuana in their possession. If they are able to demonstrate that there wasn’t, charges may be avoided.
This law doesn’t extend to paraphernalia, however. If the possession offense includes a paraphernalia charge as well, but the paraphernalia doesn’t include a useable amount of the drug, they may still receive a paraphernalia possession charge.
Need help with a Possession of Marijuana charge in Arizona? Call us at (480) 651-8578 to speak to a criminal attorney for free.
To learn more about assault in Arizona and how it pertains to your specific charge or case, contact an attorney in your area that focuses on these types of charges. Often, you'll be able to schedule a free consultation with an attorney at no cost to you. You can also visit the Arizona Courts website or Arizona Revised Statutes to learn more.