Gilbert Marijuana Possession Attorney
Although you may grow or possess a small amount for your personal recreational use, possessing large amounts of marijuana remains a serious criminal offense in this state. If law enforcement catches you with large quantities, they could bring serious criminal charges.
If you face marijuana possession charges, you risk jail time and a permanent criminal record that could continue to impact you for years. Work with an experienced defense attorney at Grand Canyon Law Group to avoid the harsh consequences of the charge. A Gilbert marijuana possession lawyer at our firm has the knowledge and experience to achieve a favorable resolution to the charges.
Many states—including Arizona—have softened their stance over marijuana use in recent years. While still considered a controlled substance on the federal level, state law now allows for legal possession of the drug in small quantities if maintained for personal use.
That does not mean there are no longer criminal consequences related to pot. In fact, there are serious penalties associated with the sale or trafficking of this substance. If you have been arrested, a Gilbert marijuana charges lawyer from Grand Canyon Law Group can help. Let a trusted drug defense attorney help you devise the best possible defense strategy for these circumstances. You deserve to have a committed advocate, so call us NOW!
For a free legal consultation with a marijuana lawyer serving Gilbert, call 480-400-5555
POSSESSING MARIJUANA IN ARIZONA
Possessing small amounts of marijuana for personal use has been legal in the state since 2020. An individual may grow up to six plants and a household with at least two adults may grow 12 plants. A person could transfer up to an ounce of marijuana to another person without penalty, as long as no money changes hands.
However, possessing or selling larger amounts remains illegal, according to Arizona Statutes §13-3405(A)1. Possessing marijuana means having it on the body or in a pocket, purse, backpack, bag, or similar container. Constructive possession means the marijuana was in a place where the defendant had access to it, knew it was marijuana, knew it was there, and intended it to be there. A marijuana possession attorney at our firm could review the prosecution’s evidence confirming the identity and quantity of the substance.
Gilbert Marijuana Lawyer Near Me 480-400-5555
DEFENDING MARIJUANA POSSESSION CHARGES
Various defenses to marijuana charges are possible, depending on the circumstances. In every case, the dedicated Gilbert attorneys at Grand Canyon Law Group will evaluate law enforcement’s conduct during the investigation and arrest.
Police must have reasonable suspicion to stop someone and probable cause to search them. A search warrant must be narrow in scope, and police may not deviate from it. If the police procedures were improper, an attorney could ask a court to suppress evidence or dismiss the marijuana possession charges.
Other defenses could assert that the accused did not know the marijuana was in their possession or that the substance was marijuana. If the accused has a medical marijuana card, that could provide a defense to marijuana possession charges.
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PENALTIES FOR MARIJUANA POSSESSION IN GILBERT
Possessing less than two pounds is a Class 6 felony, but possessing less than two pounds of marijuana for sale is a Class 4 felony. Possessing larger quantities increases the severity of the offense. Possessing more than four pounds of marijuana for sale is a Class 2 felony, the second-most serious category of criminal charge.
The sentencing scheme in this state is complicated and depends on multiple variables. The presumptive sentence is one year in prison, but mitigating factors could reduce the sentence, and aggravating factors could increase it. Mitigating factors in a marijuana possession case could include the defendant’s:
- Age
- Good character
- Excellent employment record
- Status as a college student or military veteran
Aggravating factors could include:
- Prior offenses in drug court
- The presence of children near the marijuana
- The defendant’s position of trust in the community
- Other factors the judge deems significant
If a person is convicted of marijuana possession, a local attorney could present all relevant information to mitigate the sentence. Prosecutors often agree to a probation term and drug education rather than jail for first-time marijuana offenders.
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POSSESSING SMALL AMOUNTS OF MARIJUANA IS LEGAL
Thanks to something known as Proposition 207, possessing small quantities of marijuana has been legal in the state since 2020. This law allows a person to cultivate their own pot plants. An adult can grow six plants so long as they are out of public view, and a household with two adults may have up to 12.
Anything grown by the public must be for personal recreational use. The sale of this controlled substance is still illegal, but it is not a crime to transfer less than an ounce to someone else for free.
There are age limits associated with the cultivation and use of these drugs as well. Anyone under the age of 21 is prohibited from possessing pot under any circumstance. An attorney in Gilbert can defend against these marijuana charges – you should call us quickly to begin working on your case.
FELONY MARIJUANA OFFENSES
State law has adapted to the shifting public opinion regarding marijuana usage—at least to a degree. While state law no longer prohibits possessing the substance for personal use, there are still multiple felony drug offenses that can involve marijuana.
In fact, a person could face felony charges merely for possession depending on the amount of drugs they are in control of. Anyone with more than the allowed personal amount could be arrested for a felony. There is a presumption in the law that anyone with between two and four pounds of pot has the intention to sell it. Having more than four pounds can lead to a Class 2 felony arrest. You need to call us right away if this happens to you!
It is also worth noting that while the state has loosened the law regarding personal use, the same cannot be said for the federal government. Marijuana is still considered a controlled substance under U.S. law, and in theory, prosecution for possession is possible in federal court, although it is uncommon.
HOW TO EXPUNGE A MARIJUANA CONVICTION
In addition to legalizing possession in some cases, Proposition 207 also created a framework for having certain drug-related charges expunged. This process allows a person with a conviction to have it vacated, with their court records becoming sealed. These offenses can no longer be used as previous convictions in future charges, and lost voting rights can even be restored.
The offenses covered by expungement rules are generally acts that are now legal, like cultivating six or fewer plants for personal use. A marijuana charges attorney in Gilbert can advise a person if their prior convictions qualify.
RELY ON A GILBERT ATTORNEY TO COMBAT MARIJUANA POSSESSION CHARGES
Although the state allows adults to possess small quantities of marijuana for personal use, the law still punishes people harshly for possessing larger quantities. If you have been arrested on marijuana charges, do not put your future in the hands of someone inexperienced in defending drug possession cases.
A Gilbert marijuana possession lawyer at Grand Canyon Law Group can develop a robust defense to the charges and achieve the best outcome in your situation. Call today to discuss your case with our legal team.
Call or text 480-400-5555 or complete a Free Case Evaluation form
