Sale of Marijuana

Even with the great national discussion over the medical benefits of marijuana (also called weed, pot, or cannabis), along with its legalization for medical purposes in 15 states, Arizona still lags behind other more progressive states with regard to its penalties for those caught with marijuana. Although the state voted to pass the Arizona Medical Marijuana Act in 2010, those without a license are punished harshly. Even for a simple possession offense, it is still classified as a class 6 felony. Even though marijuana is much less dangerous than other drugs, possession of marijuana can result in a felony charge in Arizona. If an individual is arrested for the sale of marijuana, the penalties can be even tougher.

Although the laws are strict, it is important know that you do have options when it comes to fighting sale of marijuana charges in Arizona. Since the prosecutor is required to prove you committed every element of the marijuana offense beyond a reasonable doubt in the court of law, it is crucial to align yourself with an experienced attorney who knows how to develop a defense strategy that may provide you with a greater chance of having your charges reduced or even dismissed.

If you have been charged with selling marijuana in Mesa, Tempe, Gilbert, Chandler, Scottsdale, Phoenix or any of the surrounding Maricopa County communities, contact the Law Office of James E. Novak. Criminal defense lawyer James E. Novak is well-versed in Arizona drug laws and will use his considerable experience to help you fight for a positive outcome. This may include case dismissal, not guilty verdicts, minimized penalties, and other options. Call the Law Office of James E. Novak at (480) 413-1499 to discuss your case during a free consultation.

According to the Arizona Revised Statutes section 13.3405, a person is prohibited from knowingly:

• Possessing or using marijuana Possessing marijuana for sale
• Producing marijuana for sale, or
• Transporting to sell, transfer, or offer to sell or transfer marijuana.

Specifically, sale of marijuana charges in Arizona are punishable as either a class 4, 3 or 2 felony offense, depending on the amount of marijuana. As you will see, the lower the class of felony, the longer the potential term of imprisonment you can face if you are convicted of the offense. An individual can be charged with any of the following felony classes based on the amount of marijuana, which is also commonly known as cannabis, weed, pot, hydro, bud, chronic and ganja.

• If an individual is in possession of less than 2 pounds for the purpose of sale, they can face a class 4 felony conviction.
• If an individual is in possession of at least 2 pounds but less than 4 pounds for the purpose of sale, they can face a class 3 felony conviction.
• If an individual is in possession of more than 4 pounds for the purpose of sale, they can face a class 2 felony conviction.

Sale of marijuana in the state of Arizona comes with some very harsh penalties if the alleged offender is convicted. The length of prison sentence and/or fine can vary depending on the amount of marijuana in the alleged offender’s possession.

• A class 4 felony (less than 2 pounds) can result in 1.5 to 3 years in prison and/or a fine ranging from $750 – $150,000
• A class 3 felony (2 to 4 pounds) can result in 2.5 to 7 years in prison and/or $750 – $150,000 in fines.
• A class 2 felony (4 to 10 pounds) can result in 4 to 10 years in prison and/or a fine ranging from $750 – 150,000

Along with any evidence the law enforcement officers may have, punishment can vary depending on other outside factors such as the alleged offender’s criminal history, involvement in the offense, or if any weapons were used during the commission of the offense, in addition to any other extenuating circumstances.

Although a sale of marijuana charge in Arizona is generally punishable as a felony offense, a first time offender may be able to receive probation as opposed to jail time.

Along with the chance for probation as mentioned above for first time drug offenders, Arizona allows certain offenders the chance to go through a drug diversion program in order for their charges to eventually be dropped.

The Maricopa County Drug Court Program offers a way for first time drug offenders to have their charges eventually dropped. Through classroom attendance and regularly scheduled court hearings to monitor compliance, offenders will be able to productively learn from this experience so as to keep from being put in the same situation again. The focus on rehabilitation as opposed to punishment and the ability to drop charges and expunge your arrest record, makes the Maricopa County Drug Court Program a desirable option to the allegations against you.

Considering that a charge for the sale of marijuana in Arizona is punishable as a felony offense, the ability for offenders to enter a diversion program is a great option that should be taken advantage of in many situations.

Furthermore, you may also have the ability to expunge your arrest record in Arizona with regard to sale of marijuana charges, which would effectively make the charge disappear from your criminal history.

If you have been arrested and charged with sale of marijuana offense in Mesa, Tempe, Scottsdale, Gilbert, Chandler, Phoenix, or other areas in Maricopa County, you do have options. James Novak has the experience necessary to handle your case in an expedient and effective manner. With over a decade of experience, James Novak has can draw on his vast legal knowledge to develop a strong case and protect your future. Initial consultations are free, so if you are dealing with a pending drug possession with intent to sell case in Arizona, call (480) 413-1499 or send an online message today.