In Arizona, it is a felony to possess or use marijuana and other dangerous drugs. The seriousness of the offense depends on the quantity of the drug. Under §13-3405, if a defendant is charged with possession or use of marijuana, he/she will be charged with a Class 6 Felony if less than two pounds are found in his/her possession. The offense becomes more serious as the amount of marijuana found in the defendant's possession increases. Two-four pounds is a Class 5 Felony.

Conviction of possession or use of marijuana includes fines. Probation is available for this offense. The terms of the probation will include that the defendant can not use marijuana or any other narcotic drug or drink alcohol. Probation terms will also include community service and a minimum of an 8-hour class on the instruction of the harmful effects of drugs and marijuana.

Violation of §13-3407 for possession or use of a dangerous drug or violation of §13-3408 for possession or use of a narcotic drug are normally Class 4 Felonies. Probation may be available for possession or use of these controlled substances for a first or second possession or use charge. In Arizona, those charged have a right to a jury trial on all drug cases. Contact our experienced criminal defense attorneys in Phoenix. We will help you get the best possible deal or represent you at trial.

The Arizona criminal Code and Arizona courts distinguish between possession for use and possession for sale when it comes to drugs like marijuana, dangerous drugs or narcotic drugs. The Criminal Code provides for statutory threshold amounts that determine punishment. For example, possession of 2 pounds of marijuana, 9 grams of cocaine, or 9 grams of methamphetamine will result in a mandatory prison term and may not be probation eligible.

Whether you are charged with possession or possession for sale may depend on the quantity of the drug, but also other indicia found by law enforcement in your possession or control such as a large quantity of cash, ledgers, scales, drug paraphernalia and/or surveillance equipment. Your own statements or admissions may also be grounds for increased charges.