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Is possession of marijuana really a felony?!
Because it’s totally legal in California… and Nevada… and we
have medical marijuana in Arizona…
Yes. Possession of
Marijuana for personal use is a felony offense in Arizona.
Arizona Revised Statutes § 13-3405 provides that a person
shall not knowingly possess or use marijuana, and that violating the statute is
a felony.
But what kind of felony? That depends on how much marijuana
you are possessing. Possession of less
than two pounds of marijuana is a class six felony. Possession of between two and four pounds of
marijuana is a class five felony.
Possession of more than four pounds of marijuana is a class four felony.
Although possession of marijuana is an offense covered by
Arizona’s Proposition 200, which mandates probation for most first and second
time offenses with some exceptions, having a felony conviction carries with serious
collateral consequences including:
· -
Loss of civil rights
· - Loss of employment
· - Loss of housing
The good news, at least for those charged with possessing
less than two pounds of marijuana, is that the Court may designate the offense
a misdemeanor. Pursuant to Arizona
Revised Statutes § 13-604, if you do not have two or more prior felony
convictions, the Court may designate the offense a misdemeanor at the time that
judgment is entered, or it may leave the offense undesignated. An undesignated offense is one where the
Court holds off on designating the offense a felony or misdemeanor until the
time that probation is over.
The other bit of good news is that these cases can be
beat. There are ways to challenge whether
you possessed the marijuana. There are
ways to challenge the methods which the police used to get evidence against
you. And there are defenses involving
the Arizona Medical Marijuana Act.
It can come as a shock that simple Possession of Marijuana
for personal use is a felony in Arizona.
It’s important to know what you’re facing and what your options are when
you face a potential felony on your record.
Speak with an attorney who is experienced and knowledgeable of Arizona’s
Possession of Marijuana laws to avoid making simple possession into a simple
pain.