Marijuana may now be legalized in Arizona, but the state still has strict laws regarding cannabis. In 2020, the passage of Proposition 207 legalized the recreational use of marijuana in Arizona, but this drug is still highly regulated. If you are found in violation of any of Arizona’s marijuana laws, you could be arrested and face serious consequences. The Scottsdale marijuana defense attorneys at AZ Defenders can help if you or a loved one has been arrested for this type of offense. Contact us at (480) 568-4473 today for a free case consultation.

Scottsdale Marijuana Defense Resources

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Why Choose the AZ Defenders for a Marijuana Case?
What Are Arizona’s Marijuana Laws?
What Are the Different Types of Marijuana-Related Offenses in Arizona?
Potential Penalties for Marijuana Possession
Why Hire a Scottsdale Marijuana Defense Attorney?
Potential Defenses to Marijuana Charges
Speak to a Marijuana Defense Attorney Today

Why Choose the AZ Defenders for a Marijuana Case?

  • We are known in the legal community for our aggressive defense tactics. Our lawyers will work relentlessly to build the strongest possible defense on your behalf.
  • We are smart, efficient and effective marijuana defense lawyers with a proven track record of successfully defending a variety of complex criminal cases.
  • You will have frequent communication with your Scottsdale drug crimes defense lawyer. We offer free consultations and are available to discuss your case 24/7.

Scottsdale Marijuana Defense Attorney

What Are Arizona’s Marijuana Laws?

Under Proposition 207, otherwise known as the Smart and Safe Arizona Act, the recreational use of cannabis was legalized in 2020 for adults ages 21 and older. This new law states that as long as an individual is over the age of 21 and the amounts used are within the confines of the law, he or she can use marijuana and certain cannabis derivatives recreationally. 

Individuals may legally possess up to one ounce of marijuana, as well as six marijuana plants for personal use. Cannabis derivatives up to five grams are also permitted. Prop 207 also created a new statute (Arizona Revised Statute Section 36-2862) which allows certain people with marijuana-related criminal records to petition the courts to seal these records.

Although both the medical and recreational use of marijuana are legal in Arizona, individuals must adhere to strict restrictions when possessing this drug. Arizona law (Section 13-3405) still bans the trafficking of marijuana, the possession or sale of certain amounts of marijuana, and the cultivation of more than six marijuana plants per person. Some of Arizona’s current marijuana-related offenses include: 

  • Purchasing, possessing, transporting or consuming marijuana or marijuana products under the age of 21.
  • Selling, transferring or providing marijuana or marijuana products to an individual who is under the age of 21.
  • Driving, flying or boating under the influence of marijuana if impaired to even the slightest degree.
  • Smoking marijuana in a public place or open space.

In addition, property owners in Arizona have the right to prohibit or regulate marijuana use on their premises. Employers also have the right to maintain drug-free workplaces and have policies restricting the use of marijuana by employees. Committing any of these crimes or violating Arizona’s marijuana restrictions could result in an arrest and criminal charges in Scottsdale.

Potential Penalties for Marijuana Possession

Marijuana crimes in Arizona can be charged as misdemeanors or felonies, depending on the circumstances. One of the most common marijuana-related crimes charged in court is simple possession. This crime could be charged as a felony offense of many different levels, depending on the amount of marijuana found in the defendant’s possession:

  • Class 6 felony: possessing less than two pounds of marijuana not for sale.
  • Class 5 felony: possessing two to four pounds of marijuana not for sale or producing less than two pounds of marijuana.
  • Class 4 felony: possessing four pounds or more of marijuana not for sale, possessing less than two pounds of marijuana for sale or producing two to four pounds of marijuana.
  • Class 3 felony: possessing two to four pounds of marijuana for sale; producing more than four pounds of marijuana; or transporting, importing or offering to transport less than two pounds of marijuana into the state to sell or transfer.
  • Class 2 felony: possessing more than four pounds of marijuana for sale or transporting, importing or offering to transport two pounds or more of marijuana into the state to sell or transfer.

Any type of marijuana crime in Scottsdale could have life-changing repercussions for the defendant. The penalties for marijuana possession can include jail or prison time, thousands of dollars in fines and fees, probation, mandatory community service, and required drug abuse counseling. In addition, being convicted of a felony in Arizona takes away certain rights, including the right to bear arms and vote.

Why Hire a Scottsdale Marijuana Defense Attorney?

Hiring a marijuana defense lawyer in Scottsdale is the best thing that you can do to protect your rights after being arrested or accused of a marijuana-related offense. An attorney can immediately go to work on your case, such as investigating the alleged crime, searching for evidence to support your defense, ensuring your constitutional rights are not violated, making sure you are treated fairly in the courts, and communicating with the prosecutor and the courts to drop or reduce your charges. Your Scottsdale criminal defense lawyer will be your trusted advocate and guide throughout the legal process.

Potential Defenses to Marijuana Charges 

An experienced criminal defense attorney in Scottsdale can build a strong defense strategy on your behalf to challenge the charges against you. The skill of your attorney could reduce your charges (such as bringing a felony down to a misdemeanor), have the charges against you dismissed, result in an acquittal at trial or achieve another case result that is as positive as possible based on the circumstances. Potential defenses may include:

  • Lawful possession under Prop 207 or Arizona’s Medical Marijuana Act
  • The drugs weren’t yours
  • Incorrect defendant, mistaken identity or alibi
  • Ignorance or lack of knowledge that you possessed the drug
  • The substance seized was not actually marijuana
  • Missing drugs or mistakes made in the chain of evidence
  • Police misconduct or civil rights violations
  • Invalid search warrant or unlawful search and seizure
  • Police entrapment

Each case is unique. The ideal defense strategy for your marijuana criminal case will depend on your situation, including factors that are unique to you, such as your criminal history. Working with an experienced lawyer from AZ Defenders can allow you to build the strongest defense possible. Your lawyer will work around the clock to protect you from marijuana charges.

Speak to a Skilled Scottsdale Marijuana Defense Attorney Today 

If you or a loved one has been arrested and charged with a marijuana crime in Scottsdale, contact AZ Defenders without delay. Our lawyers and law office staff can immediately go to work on investigating your case and protecting your rights. We will raise every possible defense against your marijuana charges. Call (480) 568-4473 today to learn more about how we can help.

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