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Possession of Marijuana

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If you have been charged with a violation of A.R.S. § 13-3405(A)(1), in order to obtain a conviction, the State must prove that you knowingly possessed or used marijuana. A conviction under this statute is a class 4 felony if the amount of marijuana is more than four pounds, a class 5 felony if the amount is between two pounds and four pounds, and a class 6 felony if the amount is less than two pounds. If the amount of marijuana is less than two pounds, in some cases, the offense may be charged as a misdemeanor or reduced to a misdemeanor via plea agreement or order of the judge.

A charge under this statute may be eligible for TASC Diversion or may be sentenced pursuant to Proposition 200 if it is a first or second offense. See TASC Diversion and Proposition 200 below. However, a third or subsequent offense will not be eligible for Proposition 200 sentencing, and incarceration is possible upon conviction

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Possession of Dangerous Drugs
Possession or use of a “dangerous drug” not for sale is a class 4 felony offense in Arizona. The term “dangerous drug” is defined under A.R.S. § 13-3401(6), and includes essentially all street drugs other than marijuana.payday loans Offenses under this statute may be eligible for TASC Diversion, which is discussed below.

If the offense is a first offense and the defendant has no prior felony convictions, the conviction may be designated as a misdemeanor unless the drug involved is LSD, methamphetamine, amphetamine or PCP. Similarly, if the offense is a first or second offense, and the drug involved is not methamphetamine, a person convicted of this offense may be eligible for sentencing under Proposition 200, which is discussed below. However, a third or subsequent offense, or an offense involving methamphetamine will be ineligible for Proposition 200 sentencing, and incarceration is possible upon conviction.

Possession of Drug Paraphernalia
Possession with the intent to use drug paraphernalia is a class 6 felony offense. To determine if an object is “drug paraphernalia,” a court may consider all relevant factors, including, but not limited to, statements by the object’s owner, prior drug convictions of the object’s owner, the proximity of the object to drugs, the existence of drug residue on the object, instructions provided with the object concerning its use, advertising concerning its use, the existence of legitimate uses for the object in the community, and expert testimony concerning its use.

Under certain circumstances, a charge for possession of drug paraphernalia may be charged as a misdemeanor or reduced to a misdemeanor upon conviction. Similarly, a charge under this statute may be eligible for TASC Diversion or may be sentenced pursuant to Proposition 200 if it is a first or second offense. However, a third or subsequent offense will not be eligible for Proposition 200 sentencing, and incarceration is possible upon conviction.

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