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Tempe Marijuana Charges Lawyer

The recreational use and possession of marijuana was decriminalized in 2020, but you can still get into legal trouble for possessing weed. Knowing what the law allows is critical.

The drug attorneys at the Grand Canyon Law Group understand how to defeat substance charges and obtain the most favorable results. If you are arrested for cannabis, call a Tempe marijuana charges lawyer immediately.

Limited Circumstances Warrant Legal Marijuana Possession

Adults over 21 can legally possess up to an ounce of marijuana or five grams of THC in liquid form. In addition, a person with a medical marijuana card can have up to two and a half ounces. Legal adults can grow as many as six plants on their property; if multiple adults live together, the maximum is 12 plants.

Moreover, people may only use and cultivate marijuana in their homes. Public marijuana use is prohibited, and driving while high is against the law.

An adult possessing more than one ounce but less than two and a half ounces of weed can be charged with a criminal infraction. A defense attorney in Tempe can typically resolve marijuana charges. A first offender could pay a fine, but a conviction or guilty plea does not create a criminal record.

Police Still Prioritize Marijuana Enforcement

Even though possessing small amounts of marijuana is legal, this does not mean that law enforcement is disinterested in violations of cannabis laws. People who break marijuana laws can face serious charges that carry severe penalties. An experienced drug defense lawyer with the Grand Canyon Law Group in Tempe can help defeat the charge or limit the consequences of a guilty plea or conviction.

According to Arizona Revised Statutes § 13-3405, possessing more than two and a half ounces but less than two pounds is a Class 6 felony. If scales, baggies, or other evidence of drug sales are present, the person could face charges of possession with intent to distribute, a Class 4 felony.

An accused could face Class 3 felony charges if they allegedly possess over two pounds but less than four pounds. Having more than four pounds of marijuana is a Class 2 felony.

Penalties for Violating Marijuana Laws

Arizona’s drug sentencing scheme is complex and depends on the circumstances of the crime and the criminal history of the offender. For drug crimes, it also depends on whether the offender possessed more than the threshold amount of a substance.

Less Than Two Pounds

For marijuana, the threshold amount is two pounds, and a first or second offender who possesses two pounds or less will receive probation rather than prison. Third offenders face a presumptive sentence of three years and nine months in prison. In reality, this could range from two years and three months to five years and nine months.

Between Two and Four Pounds

For a first offender, the penalty for being convicted of a Class 3 felony of possessing marijuana with an intent to distribute is a presumptive sentence of two years and six months in prison. The actual time could range from one year to three years and nine months. When an offender has one prior conviction, the penalties increase and the sentencing range is two years and three months to seven and a half years. With more than two prior convictions, the sentence ranges from seven and a half to 25 years in prison.

More Than Four Pounds

Someone convicted of possessing more than four pounds of marijuana is guilty of a Class 2 felony. If it is a first offense, the potential prison sentence ranges from three years to 12 years and six months. For a second offense, the range is four and a half to 23 years; for someone with two or more prior convictions, prison time could be ten years and six months, or up to 35 years.

A lawyer in Tempe can provide more information about penalties for marijuana violations. Call today.

Contact a Tempe Attorney When You Face Marijuana Charges

Even with marijuana possession and use being legal in small amounts, you can still face felony charges and severe penalties for exceeding the threshold amount. Securing capable and experienced legal counsel is critical.

Our team of criminal defense attorneys at the Grand Canyon Law Group knows how to resolve drug charges to limit the consequences on your life and future. Contact a Tempe marijuana charges lawyer at our firm right away to get started on your case.

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