Tucson Marijuana Defense Attorneys

Tucson Marijuana Defense Attorneys on Call 24/7

The statute that criminalizes marijuana is A.R.S. §13-3405(A)(1), which explicitly states that a person shall not knowingly possess or use marijuana.  If you have greater than two pounds of marijuana there’s an assumption that it was for sale or distribution.

Arizona has some of the most severe penalties regarding marijuana in the United States.  If you are charged with possession of marijuana in Tucson you are likely facing a felony charge.  Possession of less than two (2) pounds of marijuana is a class (6) six felony.  Penalties for a class (6) six felony include a period of incarceration up to (2) two years or those with prior felony convictions may face up to 5.75 years.  In addition to incarceration, a felony marijuana conviction may prevent you from being able to obtain federal student loans, employment, or vote.

Since the penalties are so severe for possession of marijuana in Tucson, it’s important to speak with an experienced marijuana defense lawyer regarding Proposition 200 and Task.  Proposition 200 (Prop 200) prohibits the incarceration of first or second time nonviolent drug offenders and instead offers probation and mandatory drug testing.  TASK is a program that involves a period of probation and substance abuse education, after which the charges against you are dismissed.

Tucson Marijuana Defense Against Transport / Possession of Marijuana for Sale

If you are arrested with two pounds of more of marijuana you will likely face charges under A.R.S §13-3407(A)(2) and/or A.R.S §13-3407(A)(7) for knowing possession or transport of marijuana for sale or distribution.  Possession or transport of marijuana for sale or distribution can be charged as a class 2 felony and carries harsher penalties than similar charges deemed for personal use (less than (2) two pounds).

Marijuana DUI in Tucson

A.R.S. §28-1381 states that it is unlawful for a person to operate a motor vehicle “while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree” or “while there is any drug defined in section §13-3401 or its metabolite in the person’s body.”

A person can be convicted of DUI if they have operated a motor vehicle while impaired to the slightest degree by marijuana.  Moreover, a person can be charged with marijuana DUI if they are found operating a vehicle with THC metabolites in bodily fluids.  THC metabolites may be detected in a person’s bodily fluids for weeks after use, well after the effects of the marijuana have worn off.  This zero tolerance policy was recently upheld by the Arizona Court of Appeals.

Tucson Medical Marijuana Attorneys

Proposition 203 is the voter-approved initiative that allows those who suffer from a debilitating disease to seek relief of their symptoms through medical marijuana.  Medical marijuana patients are allowed to purchase up to a certain amount of marijuana and marijuana bi-products, normally obtained from a dispensary, caregiver, or grown at home if you live at least 25 miles away from the nearest dispensary.

A medical marijuana patient must be approved by the Arizona Department of Health services in order to legally possess marijuana under Proposition 203.  Therefore, you could still face charges if you only have a recommendation from a doctor for marijuana.

Arizona’s current “Zero-Tolerance” policy regarding driving with THC metabolites present in bodily fluids means that medical marijuana patients may be charged with marijuana DUI even if not impaired at the time of driving.

Finally, Prop 203 has presented a number of legal issues regarding medical marijuana.  One major issue is whether medical marijuana edibles or concentrates (wax, hash, keef, etc.) are legal under the law.  If you have been found in possession of marijuana concentrates it’s important you speak with an experienced marijuana defense lawyer in Tucson.  Our attorneys are on call 24 hours a day, 7 days a week to answer your marijuana defense questions.