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Arizona laws on weed.What To Know About Medical Marijuana Laws In Arizona

 

When Arizona voters approved recreational marijuana by passing Proposition in Nov. The attorneys at Colburn Hintze Maletta can help you to understand what is allowed and what to avoid under the new Arizona marijuana laws for The passing of Proposition made several significant changes to the Arizona marijuana laws impacting possession. Before this law was passed, possessing under two pounds of marijuana in Arizona was a class 6 felony under ARS If there is more than one adult over age 21 in a home, they can grow a maximum of 12 plants inside.

If you are currently facing a criminal charge for possessing marijuana under the amounts listed in ARS , you might be eligible to have your possession of marijuana dismissed. Under ARS G , if you file a motion with the court requesting the dismissal of marijuana possession charges for conduct that occurred before Proposition was passed that would be legal under current law, the court must dismiss your case with prejudice.

This means that the prosecutor cannot refile the charges. However, the prosecutor can still pursue other charges from the same incident that do not relate to marijuana.

Under these new Arizona marijuana laws, Proposition also legalized the possession of marijuana paraphernalia. Drug paraphernalia is defined broadly in ARS to include nearly anything you might use for marijuana. If marijuana paraphernalia had not been legalized, it would not be possible to use or possess legal marijuana without also committing a crime. While marijuana paraphernalia is now legal to possess, it is still a crime to possess paraphernalia to use other types of drugs.

You can give marijuana or plants to another adult, but you cannot sell marijuana as an individual. If you are caught selling marijuana, you can be charged with a crime, such as possession of marijuana with the intent to sell, which marijuana penalties can range from a Class 6 felony to a Class 2 felony, depending on the weight of the marijuana.

As mentioned above, you cannot smoke marijuana in open spaces or in public, such as a bar, restaurant, or public park.

This prohibition also includes using a vape pen. If you smoke marijuana in public, it will be a petty offense punishable by a fine. However, you will not face jail time. Under ARS Proposition uses the same definition of a public place. The new proposition does not include some of the exceptions found in the Smoke-Free Arizona Act, including the ability to smoke in smoking-allowed hotel rooms. While you cannot smoke marijuana in public, it is not a crime to be under the influence of marijuana in public.

However, you cannot drive a vehicle while you are impaired by marijuana without risking a marijuana DUI charge. Consuming marijuana in any form while in a running boat or car is illegal. Marijuana DUI charges are strictly prosecuted, so you should never smoke or ingest marijuana while in actual physical control of your vehicle. Finally, even though recreational marijuana is legal in Arizona, employers can still require drug-free workplaces. Most Arizona employees work at will.

While you might not face criminal charges for possessing marijuana at work, your employer could still terminate employment for possessing marijuana or coming to work while under the influence. Before an officer can detain you to investigate a crime, he or she must have a reasonable suspicion that you have committed a crime or another violation.

Officers must also have probable cause before they can search you or your car. Prior to Proposition passing, officers could base stops and searches on the odor of marijuana. This resulted in prolonged detentions and many vehicle searches. At that time, it was hard to dispute allegations that an officer smelled marijuana.

However, this standard has shifted and has become more complex, with distinctions drawn between burnt and raw marijuana and carve-outs for medical marijuana cards. Proposition changed the legal standards for reasonable suspicion and probable cause based solely on the odor of marijuana. However, there are some exceptions. If you are stopped for suspicion of marijuana DUI and have the odor of marijuana emanating from your car, that might be used by the officer to justify a search of your vehicle.

The officer might also detain you at the scene while figuring out other reasons to justify a search of your car. You should immediately talk to a marijuana attorney at Colburn Hintze Maletta to determine whether the police used the DUI exception fairly when searching your vehicle. This is because officers are allowed to consider the totality of the circumstances, which means that they can rely on multiple observations that might individually be innocent but allow an officer to conclude that a further investigation is warranted.

Under ARS , expungement will be available for certain criminal convictions for marijuana possession. Having a marijuana conviction on your record can make finding a job or housing challenging, so the ability to petition the court for expungement could provide you with a fresh start. Arizona has long targeted drug offenses , including those involving marijuana. Before Proposition was passed, even possessing a small amount of marijuana for personal use was a felony.

People who had marijuana convictions were frequently turned down for benefits, housing assistance, and federal financial aid to attend college. While Proposition has brought many changes to the marijuana laws , it is still critical to understand that you can still be charged with marijuana offenses if you possess more than the legal amount, traffic marijuana, or possess it with the intent to sell. For these types of offenses, retaining an experienced marijuana attorney is critical.

You should also consider retaining an attorney if you have prior marijuana offenses on your record to learn about expungement. Contact Colburn Hintze Maletta today by calling to schedule a confidential consultation. He was referred to me by a friend whom I very much trust.

Darin was the antithesis of the first two attorneys I consulted who were matter-of-fact and had very little empathy about the fact that I was struggling emotionally with what was transpiring. From the first few minutes of speaking with Darin, it was obvious that he was very knowledgeable and skilled with divorce and family matters. While that was most important to me, the thing that made the difference was his calming, logical, and empathetic approach. He took the time to listen and empathize with me.

He took the time to understand what I wanted to achieve through this process and laid out my options. After the consultation, I knew he would be my attorney if I had to pull the trigger. I hope I never have to go through that process again, however, if I do, I know beyond a shadow of a doubt who I will be hiring to represent me…Darin R.

Darin, thank you for caring and being more than an attorney. I hired David Maletta and it was the best decision of my life. His knowledge, genuine interest, overall attitude, and ability to connect with people is incomparable.

I could talk about all of this at length. He first and foremost demonstrates his interest and genuine care for his client. I went through a jury trial with David beside me. The trial ran for 3 days and I spent a significant amount of time with David one-on-one.

During this stressful time, he wanted to hear my input and thoughts on everything. David was incredible from the first day I met him. Not only is he a great attorney, but he is also a great person who cares about people and finding justice for his clients.

He connects to the human side of people. Before I hired Darin I went through a total of 3 different attorneys in two different states fighting a jurisdiction battle, when my daughter was taken to a different state. Upon receiving my file from previous attorneys Darin came very familiar with my case quickly. Like other people have explained he took the time to lay everything out and explain how the process was going to proceed and what to expect and continued to do this as new issues arrived.

He is also very quick at responding to emails and phone calls. My case was getting close to trial as told by my previous attorneys, I did not want to go to trial as I know this is very costly most attorneys will convince you that you need to. Darin knew my situation, fought for what was right and got the results I wanted while avoiding a costly trial. He is extremely knowledgeable in the Child Support Guidelines as well.

Because of Darin I got my daughter back. I would highly recommend him and would hire again for any future issues. Thanks Darin! Dave stayed with me while he pushed back and forth with Covid and the delays with court. Dave immediately took care of that problem and I never lost the privilege of driving. Dave took notes like crazy and was upfront about our uphill battle.

We knew the risks, be we also knew we had very little to lose based on the prosecutions stance. We decided to go to trial… Watching the prosecution and then watching Dave was night and day!! Dave won the trial for me. I had an incident and was Given the catch-all charge. Tim was absolutely amazing and worked diligently to ensure that I would have the best possible outcome from my case.

Which he successfully achieved! As of right now I am on the path to having my case fully dismissed. A couple things that really helped me through this process was that Tim did an amazing job at was answering my questions. He was available almost anytime and would respond promptly when he got my emails. He was also very approachable and comforting to be around while we had in person meetings and especially when I was at the court house.

I would trust him and the company he works for with any other cases in the future and as of right now they will be my first choice if I need a lawyer in the future. I honestly just want to let it be known to any and everyone looking for an attorney on a case. Whether it be DUI, possession, or your every day to day traffic violations where you need representation attorney Tim Hintze is your man. You have to respect a man that listens to every request that you make on a case and he gets in there and gets it done.

Tim has my respect as an attorney and being a well-rounded representer. From him being honest on the possibility and options for your case to him being easy to work and communicate with via over the phone or face to face Mr. Hintze is working it out.