Possession of Marijuana
Possession of Marijuana in Arizona
Marijuana laws in Arizona have evolved, especially with the legalization of recreational use for adults. Understanding these laws is crucial to ensure compliance and awareness of one’s rights.
Arizona’s Drug Classifications
Arizona law categorizes controlled substances into several groups: Arizona Legislature SB1466
- Marijuana: Now legal for recreational use by adults 21 and older.
- Dangerous Drugs: Includes substances like methamphetamines, hallucinogens, and certain prescription medications used illicitly.
- Narcotic Drugs: Such as heroin and cocaine.
- Prescription Drugs: When misused or obtained without a prescription.
Other less common categories include Peyote, Nitric Oxide, Precursor Chemicals, and Vapor Releasing Toxic Substances.
Marijuana-Related Offenses
Despite legalization, certain marijuana-related activities remain illegal:
- Possession or Use by Individuals Under 21: Illegal and subject to penalties.
- Possession for Sale: Unauthorized sale or intent to sell remains a criminal offense.
- Production of Marijuana: Cultivation beyond the permitted personal limits without a license is illegal.
- Transportation of Marijuana: Unauthorized transportation, especially across state lines, is prohibited.
Legal Possession and Use
Under current Arizona law:
- Adults 21 and Older: May legally possess up to one ounce (28 grams) of marijuana, with no more than five grams in the form of concentrates.
- Home Cultivation: Individuals may cultivate up to six marijuana plants at their primary residence, provided the plants are in a secure, enclosed area out of public view. Households with two or more adults can grow up to twelve plants collectively.
It’s important to note that while state law permits these activities, marijuana use remains illegal under federal law.
Penalties for Violations
Violations of marijuana laws can result in various penalties:
- Underage Possession or Use: Individuals under 21 found in possession may face civil penalties, mandatory drug education, and community service.
- Exceeding Possession Limits: Possessing more than the legal amount can lead to misdemeanor or felony charges, depending on the quantity.
- Unauthorized Sale or Distribution: Engaging in the sale or distribution without proper licensing is a criminal offense with severe penalties.
Proposition 207 and Expungement
Proposition 207, also known as the Smart and Safe Arizona Act, not only legalized recreational marijuana but also provides a pathway for individuals with certain marijuana-related convictions to petition for expungement. This means eligible individuals can have their criminal records cleared of specific marijuana offenses.
Legal Process for Marijuana Charges
If you’re charged with a marijuana-related offense, the legal process typically involves:
- Arraignment: Formal reading of charges and entering a plea.
- Pre-Trial Conferences: Meetings to discuss the case, review evidence, and negotiate possible resolutions.
- Trial: If no plea agreement is reached, the case proceeds to trial.
- Sentencing: If found guilty, the court imposes a sentence based on the offense and other factors.
Given the complexities of marijuana laws and the potential consequences of violations, consulting with a legal professional experienced in Arizona’s drug laws is highly recommended.
