Charges of Possession or Use of Marijuana in Arizona: ARS 13-3405 (A)(1)

According to ARS 13-3405 (A)(1) of the Arizona Revised Statutes, “A person shall not knowingly possess or use marijuana.” While it may seem hard to believe that this is still the case in Arizona after its recent medical legalization, and though if we’re honest with ourselves as a community we know that there are many recreational users of marijuana in Arizona, the fact still stands that unless you are the carrier of a doctor prescribed Medical Marijuana Card, using it and getting caught can still lead to serious criminal charges in the state of Arizona.

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To Better Understand Which Charges May Have Been Brought Against You, Get to Know ARS §36-2501

Pursuant to Arizona Revised Statute, ARS 36-2501, marijuana — or cannabis — is legally described as any of the following eight different things, and you can be charged with possession for any of the below described cannabis-related items:

    1. Any and all parts of the cannabis plant, whether manicured and prepared for use or still growing
    2. Any seeds from the cannabis plant or plants
    3. Any resin or residue left behind from a growing plant, extracted from the cannabis plant, or found inside of paraphernalia for ingesting cannabis
    4. Any type of compound made from the cannabis plant, its seeds, or its resin
    5. The manufactured cannabis plant, its resin(s), or its seed(s) Salt from either the seeds, resin, or cannabis plant itself
    6. Any and all types of derivatives of any part of the cannabis plant, its resin(s), or its seed(s)
    7. Any type of tincture, mixture, or solution that contains the cannabis plant, its resin(s), or its seed(s)
    8. Any other liquid, powder, salve, or other preparation of any kind that contains cannabis plant(s), resins, or seed(s) from the plant itself

Criminal Marijuana Offenses in the State of Arizona can be More Serious than Narcotic Offenses

While it’s certainly true that there are a host of legal charges, conviction types, and sentencings associated with the possession of marijuana in the state of Arizona, the most common offenses linked with the possession and use of marijuana are outlined in the Arizona Revised Statutes listed below as part of Chapter 34 of Title 13.

However, if you are in possession of a vape pen, THC oil, THC wax or a byproduct of marijuana flower, then refer to our Possession of Narcotic Drugs Cannabis page.

Continue reading to learn about the most routine charges listed with their Arizona Revised Statute (ARS) Codes, along with what you can expect in terms of felony or misdemeanor charge(s), sentencing, and other penalties if convicted.

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ARS § 13-3405 (A)(4): Trafficking of Marijuana in Arizona

This is when you have participated in the knowing transport of marijuana, import of marijuana into Arizona, or have offered to haul, carry, or otherwise transport marijuana for the purpose of selling the marijuana in Arizona.

    • This can be convicted as either a class 2 or 3 felony, resulting in a minimum prison term of 4 years up to a maximum term of 12.5 years for a class 2 felony, and a minimum prison term of 2.5 years up to 7 years for a class 3 felony.

ARS § 13-3405 (A)(3): Cultivation of Marijuana in Arizona

You may be charged with this offense if you have knowingly and purposefully engaged in the act of producing marijuana.

    • This marijuana possession offense may be convicted as either a class 3, 4, or 5 felony, resulting in a minimum prison term of 2.5 years up to 7 years for a class 3 felony, a minimum of 18 months and a maximum prison term of 3 years for a class 4 felony, and a minimum of 9 months to a maximum of 2 years in prison for a class 5 felony.

ARS § 13-3405 (A)(2): The Sale of Marijuana in Arizona 

You may be charged for the sale of marijuana if you actively and knowingly possess what is known as a “usable quantity” of marijuana for sale anywhere in the state of Arizona.

    • This marijuana possession offense may be charged as either a class 2, 3, or 4 felony in the state of Arizona. This could result in a minimum prison sentence of 4 up to a maximum term of 12.5 years for a class 2 felony, a minimum sentence of 2.5 years up to 7 years for a class 3 felony, and a minimum of 18 months and a maximum of 3 years in prison for a class 4 felony.

ARS § 13-3405 (A)(1): Possession of Marijuana

This charge is reserved for those who have been caught knowingly possessing or using what the state of Arizona deems any “useable quantity” of marijuana. Typically, this would be denoted as an amount commensurate with personal use, and not deemed — by most judges — as an amount determined to be enough to be considered for sale or for other monetary gain.

    • Possession of marijuana convictions are typically punished as class 6 felonies in the state of Arizona. This could result in a minimum of 6 months with a maximum of 18 months in prison if convicted in the state of Arizona.

Get the Best Legal Representation to Fight Your Arizona Marijuana Possession Charges

If you have recently been charged with possession of marijuana or the use of marijuana anywhere in the state of Arizona, the most important — and first — step you should take is to obtain legal representation from a Phoenix criminal defense lawyer who understands marijuana possession and use laws in Phoenix and throughout the state of Arizona so as to best represent you.

Regardless of the possession or use charges against you, the Law Office of Daniel Hutto is fully prepared to aggressively represent you — and with countless cases just like yours under our collective belts, we can assure that you’ll get just the kind of defense you need to have the best odds at beating your charges.

Don’t wait any longer to get started — begin today with your completely free legal consultation with one of our topmost knowledgeable Arizona criminal defense attorneys by dialing 602.536.7878.

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