Arizona Marijuana Possession Lawyers
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What is Marijuana Possession?
Marijuana is a Schedule I drug. Marijuana possession involves both knowing and deliberately possessing the drug. There are two ways a person can possess marijuana. The first is actual possession and it refers to a defendant physically having marijuana. The other is constructive possession and it refers to the defendant having knowledge and control over the drug, but the marijuana isn’t in physical possession.
Can I Get Charged with Marijuana Possession If I Don’t Have Actual Marijuana?
Yes. In Arizona, marijuana possession is illegal if the defendant has real or imitation marijuana. Even medical marijuana if purchased without a valid prescription like:
- THC concentrate liquid
- Anything with THC content
Will I Be Charged With Marijuana Possession If I Have Less Than Two Pounds of The Drug?
Yes. Having that amount of marijuana is a class 5 felony. It carries a sentence of probation for a first offense.
What is the Sentence for Possessing Two to Four Pounds of Marijuana?
Possessing this amount carries a higher penalty. To possess up to four pounds of marijuana for personal use and not for sale is a class 4 felony. The sentence is:
- First Conviction: Two and half years in prison
- Second Conviction: Up to four years in prison
- Third Conviction: Up seven and half years in prison
What is the Sentence for Possessing More than Four Pounds of Marijuana?
Possession for more than four pounds of marijuana is a class 3 felony. The sentence depends on the conviction:
- First conviction: Up to four years in prison
- Second conviction: Seven and a half years in prison
- Third conviction: 15 years in prison
Am I Eligible for TASC?
Treatment Assessment Screening Centers (TASC) is a program for those who need treatment for substance abuse and mental health. Some defendants who complete the program have their sentences reduced or dismissed. Whether a defendant is eligible for the program depends on the offense.
Do I Need to Talk to a Lawyer?
Yes. It’s vital to discuss your case with a criminal lawyer to understand your rights, defenses, and TASC eligibility.
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Last Modified: 04-06-2016 11:22 AM PDT
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