If you've been arrested or charged with a marijuana-related offense, you probably have more than a few questions. It can be confusing and frightening to try to understand the legal justice system and complicated criminal law statutes without a skilled criminal defense attorney to guide you. The answers to these commonly-asked questions are a good start, but to get the best possible outcome for your case, you need a defense attorney to advocate on your behalf.

Is it legal to use marijuana in Arizona?

In Arizona, marijuana has been legalized for medical use but remains illegal for recreational use. Medical marijuana was legalized in 2010 when Arizona voters passed Proposition 203, which became the Arizona Medical Marijuana Act.

How much medical marijuana can I have?

In Arizona, if you have a medical marijuana card, you are permitted to use or store up to 2.5 ounces of marijuana every 2 weeks. You must have a medical marijuana card to legally possess marijuana. Even if you are using marijuana for medicinal purposes or as a treatment for an illness or disorder, it is a crime in Arizona to possess or use it without a medical marijuana card.

Can I ever be arrested if I have a medical marijuana card?

A medical marijuana card is not a free pass. Even if you have a valid medical marijuana card, you can still be charged with a marijuana offense in Arizona. First, any amount that exceeds 2.5 ounces is illegal, and you can be charged with illegal possession of marijuana for the excess amount.

Medical marijuana products are also highly-regulated, and can only be legally obtained from state-licensed dispensaries that operate on a not-for-profit basis. If you purchase your marijuana from another unlicensed and illegal source, possession of a valid medical marijuana card is not a defense to criminal charges.

Under Arizona law, medical marijuana cardholders are also permitted to grow their own supplies of marijuana. However, to legally grow your own medical marijuana, your residence must be a minimum of 25 miles away from the closest state-licensed dispensary. The law also limits you to growing 12 marijuana plants at a time and requires that you keep the plants in an enclosed, locked facility. Failing to follow these rules can lead to serious criminal charges, despite your medical marijuana card.

What are the marijuana-related crimes in Arizona?

In Arizona, you can be charged with criminal offenses for:

• Possessing or using marijuana
• Possessing marijuana for sale to others
• Producing marijuana
• Transporting marijuana.

What is possession of marijuana?

Arizona law says you cannot knowingly possess or use marijuana. So, if you are caught in the act of using marijuana, you clearly could be found guilty of marijuana use. Similarly, if the police find marijuana in your pockets, clothes, or somewhere else on your person during a legal search, you can be charged with possession of marijuana. This includes searches conducted while you are being arrested for another crime.

However, the police do not have to find marijuana directly on your person to arrest you on a marijuana charge. Through circumstantial evidence, you can be convicted of possessing marijuana if you had control over the object or location in which the marijuana was discovered, or if it was located near you, but not physically on your person. For example, if you are pulled over while driving your car and marijuana is found in the glove compartment, you could be arrested for possession of marijuana.

Can I be convicted of possession for sale if I am not caught actually selling marijuana?

In Arizona, if you possess more than 2 pounds of marijuana, the police will automatically assume you intend to sell it because the amount is much more than is usually consumed in personal use.

You could also be convicted of possession of marijuana for sale if other evidence exists to suggest you were involved in selling the marijuana in your possession. Examples of this type of evidence include:

• Possession of a large amount of cash
• Voicemails or text messages indicating you are involved in the sale of marijuana
• Possession of small bags commonly used for selling individual portions of marijuana

What are the penalties for marijuana charges in Arizona?

Under Arizona law, the penalties for marijuana offenses are decided based on a variety of factors, including the amount of the marijuana in your possession — measured in weight —and whether the marijuana was for sale.

Arizona marijuana charge penalties are categorized by weight ranges:

• under two pounds
• two to four pounds
• over four pounds

The class of felony for which you can be charged depends on the amount of marijuana found in your possession and whether the marijuana was for personal use, for sale, personally cultivated, or transported.

• If you possessed less than two pounds of marijuana, you can be charged with felonies ranging from a class 3 felony to a class 6 felony.
• Possession of an amount of marijuana between 2 and 4 pounds can result in charges anywhere between a class 2 felony to a class 5 felony.
• Possessing more than 4 pounds of marijuana can land you a conviction for anything from a class 2 felony to a class 4 felony.

However, with the help of a skilled criminal defense attorney, you could get your marijuana charge reduced to a class 1 misdemeanor, or you may be able to participate in a diversion program and have your charges dismissed after you finish it.

Will I have to go to jail?

Arizona Proposition 200 does not allow people convicted of nonviolent marijuana charges to receive a prison sentence for their first or second crimes. However, if you have already received two convictions for possession of marijuana or other drug offenses, you may face some jail time if convicted.

What if it's not my marijuana?

It is possible to be charged with marijuana possession for someone else's drugs. Arizona law states that you must "knowingly" possess marijuana to be guilty of a crime. So, a common defense to marijuana charges is that you did not know the drugs were in your possession. While it might not be a convincing argument for marijuana found on your person, many criminal defense attorneys have successfully argued that their clients did not know that marijuana was in their car or home.

This argument is especially strong when multiple people have access to the place where the marijuana was found. As with all criminal offenses, you must be found guilty beyond a reasonable doubt to be convicted of possession of marijuana. The fact that someone else could have put the marijuana where it was without your knowledge could certainly create a reasonable doubt as to whether you knew the marijuana was in your possession.

What should I do if I've been arrested for a marijuana charge?

If you've been charged with a marijuana offense in Arizona, you should find an expert defense attorney immediately to help explain your rights to you and defend them in court.