Possession of any amount of marijuana is a felony in Arizona, though it can be designated a misdemeanor by a judge. The penalty for possession of marijuana can range from no conviction at all to several years in prison, depending on the number of prior felony convictions and drug strikes a person has on their record.
Arizona’s Prop 200, ARS § 13-901.01, makes possession of marijuana a probation mandatory offense for anyone not convicted of two or more drug crimes, provided they have no history of violence. This means that if a person has no prior drug convictions, and has never been involved in a violent crime, they will not be sentenced to prison if convicted.
Medical marijuana is legal in Arizona. If a person is in possession of a valid Arizona Medical Marijuana card, they will not be prosecuted for being in possession of small amounts of marijuana. Arizona does not recognize medical marijuana cards from other states. Possession of any amount of marijuana in Arizona without a valid medical marijuana card from Arizona is a crime. This can lead to some absurd results, like a New Mexico state citizen purchasing marijuana legally with a valid New Mexico medical marijuana card, travelling to Arizona with a small amount of marijuana, and being convicted of a felony for possession of marijuana in Arizona.
If you have been accused of possession of marijuana, or any drug, call us today. Our attorneys offer free consultations and can usually determine whether a person is eligible for probation under Prop 200.