Possession of Marijuana With Intent to Sell

Arizona prosecutors take drug crimes seriously, and possession of marijuana with intent to sell is a serious charge. Felony offenses can lead to jail time, hefty fines, and other penalties. James E. Novak is a former prosecutor and aggressive Phoenix drug crime attorney who may be able to represent you if you have been charged with possession of marijuana with intent to sell or another marijuana crime.

Under Arizona Revised Statutes (A.R.S.) section 13-3405, a defendant is not supposed to: (1) knowingly, (2) use or possess marijuana or possess marijuana for sale. The prosecutor trying to secure a conviction for possession of marijuana with intent to sell will need to show beyond a reasonable doubt: (1) you knowingly possessed marijuana, (2) the substance in question was marijuana, and (3) the possession was with the intent to sell.

Marijuana can include any part of the cannabis plant from which no resin has been extracted, and the plant’s seeds. Marijuana doesn’t include mature plant stalks, nor sterilized seeds of a plant that are not capable of germinating.

Selling can occur whenever parties exchange anything of advantage or value. To obtain a conviction, the prosecutor must show beyond a reasonable doubt that you knew you were exchanging something of value such as money for marijuana. Sometimes there are items at the scene that suggest an intent to sell. These can include baggies, ledgers, scales, phone records, and money.

If you possess marijuana for your personal use, you can be charged with a Class 6 felony, with a reduction to a misdemeanor. You can face Class 5 felony charges if the marijuana is personally produced. However, you can face serious Class 4 felony charges if it is possessed for sale. A seasoned marijuana crime lawyer can assess the facts of your case to determine whether the prosecution is likely to be able to meet all of the elements of a given offense beyond a reasonable doubt, and help you negotiate for reduced charges or even a dismissal where appropriate.

Under A.R.S. section 36-2512, marijuana is regulated as a Schedule I controlled substance. If you’re convicted of intent to sell at least two pounds of marijuana, you can face a mandatory prison term and be charged with a Class 4 felony. Other factors that will go into your sentence are whether you have a criminal record and whether weapons were possessed or involved in connection with the marijuana possession with intent to sell. The more marijuana is involved, or the heavier it weight, the more likely it is that you will face a Class 2 felony charge, for which you can be subject to 12.5 years of imprisonment.

As a first-time drug offender, you may be eligible for alternatives to imprisonment. It may be possible to go into a drug diversion program. In these types of programs, the charges are dropped when somebody successfully completes the requirements of the program. Additionally, there is a drug court program that provides outpatient counseling and drug monitoring for people who meet certain criteria, including that they did not use dangerous weapons during the offense and had no prior serious violent conduct on their record.

You may face the possibility of harsh punishments when charged with possession of marijuana with intent to sell in Phoenix. Arizona prosecutors take these crimes seriously, and it’s not guaranteed that you’ll be offered an opportunity to take part in a drug diversion program. It is advisable to talk to a seasoned drug crime lawyer who can discuss your options and help you present your defense. Mr. Novak is available to defend clients who are facing charges for marijuana crimes around the Phoenix area, including in Gilbert, Chandler, Mesa, and across Maricopa County. Call him at (480) 413-1499 or contact us via our online form.