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Possesion, Use, Production, Sale or Transportation of Marijuana in Arizona A.R.S.13-3405

What is Possession, Use, Production, Sale or Transportation of Marijuana in Arizona A.R.S. 13-3405?

With recent laws in various states including Arizona, have changed the possession of marijuana if you are authorized to use it.  Some states have permits to use marijuana while others do not.  If an individual who resides in Arizona is authorized to possess it, no crime is committed.  If an individual is authorized to possess marijuana in another state,and visiting Arizona, then Arizona will recognize that status and possession is lawful. An unauthorized person shall not knowingly:

  • 1. Possess or use marijuana.
  • 2. Possess marijuana for sale.
  • 3. Produce marijuana.
  • 4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana.

What are the Penalties for Possession, Use, Production, Sale or Transportation of Marijuana in Arizona, A.R.S. 13-3405

  • # 1 of this section involving an amount of marijuana not possessed for sale having a weight of less than two pounds is guilty of a class 6 felony.
  • # 1 of this section involving an amount of marijuana not possessed for sale having a weight of at least two pounds but less than four pounds is guilty of a class 5 felony.
  • # 1 of this section involving an amount of marijuana not possessed for sale having a weight of four pounds or more is guilty of a class 4 felony.
  • # 2 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 4 felony.
  • # 2 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 3 felony.
  • # 2 of this section involving an amount of marijuana having a weight of more than four pounds is guilty of a class 2 felony.
  • # 3 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 5 felony.
  • # 3 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 4 felony.
  • # 3 of this section involving an amount of marijuana having a weight of more than four pounds is guilty of a class 3 felony.
  • # 4 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 3 felony.
  • # 4 of this section involving an amount of marijuana having a weight of two pounds or more is guilty of a class 2 felony.

Defenses to Possession, Use, Production, Sale or Transportation of Marijuana in Arizona, A.R.S. 13-3405.

Potential defenses to either the possession, use, production, sale or transportation of marijuana in Arizona, may include:

  • Mistaken identity
  • alibi
  • no criminal intent
  • insufficient evidence
  • incorrect weight

Contact Brian DiPietro Law PLLC, Arizona's Tough Experienced Aggressive Drug Offensive Lawyer

Contact Brian DiPietro Law PLLC today for a free case evaluation about your pending Drug Offense Case in Arizona. Brian DiPietro is an experienced, tough, aggressive criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular Drug Offense. Contact now Brian DiPietro Law PLLC at 623-242-2655 for a free confidential case evaluation about your Drug Offense charge in Arizona.

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