Can a Marijuana Conviction Be Expunged in Arizona?

by John Schill | Feb 23, 2021 | Drugs

MARIJUANA ATTORNEYS

OVER 100 YEARS COMBINED EXPERIENCE

Can a Marijuana Conviction Be Expunged in Arizona?

There was a time when crimes related to marijuana carried stiff penalties in the state of Arizona, but that has changed. Marijuana expungement is now looming as a possibility for many individuals who were incarcerated due to drug-related offenses.

It’s important to know about the changes that have been made to Arizona’s marijuana laws and if they could apply to your case or a loved one’s situation. There may be a chance that you are granted a fresh start thanks to the state’s new marijuana laws.

Expunging a previous conviction can be beneficial to you in so many ways. Find out if you’re eligible and how to proceed by continuing with the rest of this article.

The Changes Caused by Proposition 207

During the most recent general election, most Arizona residents voted “yes” on Proposition 207, which is also known as the Smart and Safe Arizona Act. The passage of Proposition 207 is a big deal because of how it affects the state’s marijuana laws.

The biggest change enacted by Proposition 207 is legalizing the adult use of marijuana in Arizona. Per the new laws, adults over the age of twenty-one are now legally permitted to possess, use, and even transfer up to one ounce of marijuana.

Even growing your own marijuana plants is now legal, although there are still limitations placed on that activity.

Given how many actions that were considered criminal have now been legalized, the state is moving to rectify their records as well. That can happen through marijuana expungement.

Qualifications for Marijuana Expungement in Arizona

The state of Arizona has already moved forward with plans to expunge the records of individuals who have marijuana-related crimes on their records. However, Arizona residents should know that not all marijuana-related crimes will be expunged. Even Proposition 207 sets limits on how much marijuana an adult can carry at any given time.

So, what are the previous marijuana crimes that can be expunged from the records thanks to Proposition 207? Let’s discuss them in the following section.

Possessing, Using, and/or Transporting Marijuana

Violations related to possessing, using, and transporting marijuana may soon be expunged from Arizona’s criminal records. Some conditions must be met first, however.

First off, the amount of marijuana that was found in a person’s possession either for use or transport must be no greater than two and a half ounces. The marijuana in a person’s possession should also contain no more than 12.5 grams of marijuana concentrate.

Marijuana expungement may not be an option for offenders who were carrying around more than those amounts.

Possessing, Transporting, Growing, or Processing Marijuana Plants

Growing your own marijuana plants is now legal in Arizona. Thanks to the passage of Proposition 207, adults over the age of twenty-one can now grow their own marijuana plants at home.

Adults can cultivate up to six marijuana plants in their home if they are kept in an enclosed space secured by a device that prevents minors from getting to them. If you share a home with another adult, the two of you can grow up to twelve marijuana plants, but no more than that.

The marijuana plants being cultivated should also be for personal use only.

If you were found guilty of growing marijuana plants in the past, you could get your conviction expunged as well The conviction can be expunged if you were cultivating no more than six plants. You must also prove that you were growing the plants for personal use only if you want the conviction expunged.

Expungement is also possible for individuals who were transporting or processing marijuana plants.

Possessing, Using, or Transporting Paraphernalia for Growing, Processing, or Consuming Marijuana

Charges may have been filed against you after marijuana paraphernalia were found in your possession. That charge may have stuck with you for a long time, but you can now have it expunged from your record.

Marijuana Crimes Not Eligible for Expungement

Not all marijuana-related violations can be lifted from the records via expungement. We already discussed some of the limitations on expungement above.

In addition to them, marijuana-related actions that are considered crimes after the passage of Proposition 207 will also not be eligible for expungement.

For example, if you were caught driving under the influence of marijuana in the past, that conviction will stay on your record. Also, note that using marijuana inside your vehicle even if you are not driving is prohibited by the law.

Smoking marijuana in public is also not allowed. You cannot use marijuana in any public space such as a restaurant or shopping mall. Using marijuana in any open space also remains illegal.

Selling marijuana, you grow is also not allowed in many instances. Individuals can only sell the marijuana they cultivate if they have been licensed to operate as either a medical marijuana dispensary or as a marijuana establishment.

Unfortunately, if you committed any of the crimes mentioned in this section, your record will still show that violation in the future. Marijuana expungement will not be an option for you.

The Process of Marijuana Expungement

After determining that you or someone you know qualifies for marijuana expungement, you can start working on getting those blemishes removed from Arizona’s records.

Right now, the only thing you can do is wait. Although the new laws in Proposition 207 took effect a while ago, expunging records related to marijuana offenses is not an option at the moment. The state has already determined that the process of expunging crimes related to marijuana will begin on July 12, 2021.

While waiting for that day, you can take this opportunity to learn how the process will work.

Filing a Petition

The process starts with filing a petition.

If you are planning to file a petition, now is a good time to look for an attorney. It’s important to partner up with an attorney who is knowledgeable when it comes to Arizona’s marijuana laws. They can verify if you do qualify for expungement.

A qualified and highly skilled attorney can also help you draw up your petition. Their assistance can also prove vital later in the process.

Waiting for a Response

After filing the petition to the court, they will notify the prosecution agency of your filing. At this point, you will need to wait for the prosecutors to respond. The court will give the prosecutors’ 30 days to respond to your petition.

The Court May Set a Hearing

Your expungement process may go in a few different directions from here.

Upon examining your records, the court may decide that there are matters that need to be clarified before deciding. In that case, they will likely invite you to attend a hearing.

Arranging a hearing is also an option for both you and the prosecutor. You can make your case in court for why your record should be expunged while the prosecutor can argue against it.

The Court Grants Your Petition

There’s a chance that a hearing is not set up in your case. The court may decide that you are eligible for expungement and grant your petition right then and there. That can happen if the prosecutor also does not contest your petition being granted.

The Court Does Not Grant Your Petition

There is also a chance that the court will not grant your petition. The prosecutor may present evidence in your case indicating that you should not be eligible for expungement and the court may accept it.

The Court Issues a Signed Order

The court will eventually issue a signed order indicating whether your petition was granted. This order will also feature the findings in your case.

File an Appeal

It’s certainly possible that the court will not rule in your favor, but don’t lose hope yet. You can still file an appeal at this point and hope to get your record expunged.

Some may opt not to hire an attorney during the original expungement process, but it’s necessary if you’re filing an appeal. The appeal may be your last shot to be cleared so you must get it right.

The Benefits of Marijuana Expungement

You may be wondering if going through the expungement process is worth it. If you’ve already served your sentence and you’re free, you may see it as a bothersome process that’s not worth your time.

It’s ultimately up to you to decide whether expungement is worth the effort, but there are real benefits you can gain from it. Let’s talk more about what those benefits are below.

Your Record Is Wiped Clean

A lot of people confuse expungements with pardons, but they are not the same thing. Expunging a conviction means that your crime will no longer be on record. The conviction will be vacated, and you will be given a chance to effectively start over.

Many individuals who get out of jail or prison don’t have that opportunity. Their convictions will always stay with them and that can be a problem if they are looking for a job, an apartment, or trying to secure a loan.

Post-expungement, your record will be clean, and you can enjoy the benefits that come with that.

Your Old Record Will Only Be Made Accessible to You

Some folks who run background checks are persistent. You may be worried that someone would learn something about your past conviction if they dug around long enough.

That will not happen if you get your conviction expunged.

All the records about your previous conviction will be sealed by the clerk of the court. Records detailing expunged convictions are only accessible to the person who had it cleared in the first place.

In essence, expunging your record gives you a chance to put your past behind you.

Your Civil Rights Will Be Restored

Being convicted of a crime can lead to your civil rights being taken away. You cannot enjoy the same type of freedom that others do. To restore your civil rights, you need to go through the process of expungement.

Notably, though, expungement won’t restore your civil rights if you had other convictions that cannot be cleared.

The Limitations of Expungement

Once your records are expunged, your records will be completely cleared. The crimes you were charged with will no longer be on record in Arizona or any other part of the country.

From a legal standpoint, you are completely cleared, but that doesn’t mean that your conviction has been completely forgotten.

As we all know, some records are harder to erase. Reports about your arrest that made it online may stay there. Expunging your record does not automatically clean everything.

Furthermore, the courts cannot control everything. They cannot order entities not involved in the legal process to take down articles or posts about your conviction simply through the process of expungement.

What you can do as someone who wants their name cleared is to file additional motions with the court to have those articles or posts taken down. Those motions are not always successful though and even then, there is nothing stopping someone from posting about your cleared conviction in the future.

Expungement is still well worth your time and effort given how it benefits your daily life and legal standing, but it won’t magically undo everything.

How an Attorney Can Help

Many of the steps you need to undertake if you want your records cleared can be complicated, and difficult to navigate if you are not familiar with the legal process.

Partnering with an attorney is an absolute must if you want the process to go smoothly. Certain elements in your case may also prompt prosecutors to object to your record being expunged. That’s another instance where having a good attorney on your side will prove incredibly helpful.

Now that Arizona is relaxing its laws about marijuana, the time is also right for you to have your record cleared. Contact us today at the Schill Law Group and allow us to help with your marijuana expungement efforts.

Can You Smoke Marijuana in Public in Arizona?

by John Schill | Feb 19, 2021 | Drugs

MARIJUANA ATTORNEYS

OVER 100 YEARS COMBINED EXPERIENCE

Can You Smoke Marijuana in Public in Arizona?

More and more states throughout the country are changing their policies regarding marijuana. Arizona is among those states and you may be wondering if recent changes to laws have made smoking marijuana in public acceptable.

That’s a good question to ask and answering it is the focus of this article. Along with determining the legality of using marijuana in public, we’ll also touch on other relevant matters.

The laws involving marijuana usage in Arizona have changed significantly. You must stay up-to-date on them to avoid running into trouble with the law. Continue reading to see which changes have been made and how they could potentially impact you.

How Proposition 207 Affects Arizona’s Marijuana’s Laws

The big changes that have been made to Arizona’s marijuana laws come courtesy of the recently passed Proposition 207. Many The voters in the 2020 election chose “yes” on Proposition 207, which is otherwise known as the Smart and Safe Arizona Act.

Arguably the biggest changes included in Proposition 207 were the ones related to the usage and possession of marijuana. Thanks to the new laws that have been enacted, it is now legal for adults over the age of twenty-one to use or possess up to one ounce of marijuana.

Notably, the relaxed laws mean that adults of the appropriate age no longer need a medical exception to use marijuana legally. Still, there are some restrictions in place regarding marijuana usage for adults.

Smoking Marijuana in Public

While Proposition 207 has relaxed many of the laws related to using marijuana recreationally, there are still limitations you need to know about. Among the limitations you must be familiar with are the ones that dictate where you can smoke marijuana.

Smoking marijuana in the comfort of your own home is not going to be an issue. Proposition 207 has made that act legal.

However, you cannot use marijuana if you are in public.

The laws specifically state that using marijuana in a public or open space is not allowed. It doesn’t matter if you’re of the legal age and you’re following amount restrictions, you can still be found in violation of the law by smoking marijuana where you shouldn’t.

Public Places Where Smoking Marijuana Is Not Allowed

The term “public space” is vague so let’s define it more clearly here. According to Arizona law, public space is “an enclosed area to which the public is invited or in which the public is permitted.”

Examples of public spaces where people are not allowed to use marijuana include airports, restaurants, and shopping malls. It’s also important to note here that not all the spots in your place of residence may allow marijuana.

For instance, you may be allowed to smoke marijuana inside your apartment, but that’s probably the only place in that establishment where that activity is allowed. If you are planning to hang out in one of your apartment’s common areas, don’t bother bringing marijuana along because you’re not allowed to use it there.

Another notable wrinkle here is that your private residence can be deemed a public place as well depending on how it is being used. Homes that are being used as care facilities are considered public spaces too. Don’t smoke marijuana if your home is being used in that way unless you want to run afoul of the law.

Open Spaces Where Smoking Marijuana Is Not Allowed

Now that we’ve defined public spaces, let’s turn our attention to open spaces. The state of Arizona defines open spaces as parks, pedestrian thoroughfares, sidewalks, and walkways.

It doesn’t matter whether you isolate yourself while at the park or any other open space. Smoking marijuana there is illegal and you will be penalized if you are caught.

Speaking of penalties…

The Penalties for Getting Caught Smoking Marijuana in Public

Although using marijuana in private is now legal for adults in Arizona, that doesn’t mean that you can subject anyone to that activity. You still need to keep that action private. Failing to do so could lead to you facing some penalties.

The first time you are cited for smoking marijuana in public, you will be charged with a petty offense. The penalty for committing a petty offense is a fine. The fine for a petty offense is capped at $300.

You do not need to worry about jail time if you are caught smoking marijuana in public once.

Getting cited for using marijuana in public multiple times is a different issue. This time around, you will be charged with a class 3 misdemeanor.

Unlike petty offenses, class 3 misdemeanors carry two penalties. The first is a fine. The maximum amount you may pay after being found guilty of committing a class 3 misdemeanor is $500.

Violators may also be staring at potential jail time after they’re caught using marijuana in public more than once. The maximum jail sentence for that violation is 30 days. Partnering with an experienced attorney could help you get that sentence reduced, though.

Marijuana and the Workplace

Proposition 207 has not placed limitations on what employers can do with regards to marijuana. Employers are still allowed to set up their own rules regarding marijuana usage within the workplace.

As an employer, you can decide to prohibit the use of marijuana in the office. You can also enact certain policies that limit marijuana usage for your employees.

Upon being caught, an employee may argue that they were not smoking marijuana inside the office. They may argue that using marijuana in the parking lot or shared bathroom is not equivalent to smoking marijuana inside the workplace.

Even if they technically were not using marijuana inside the office, they may still violate certain rules. More specifically, smoking marijuana in those places constitutes using marijuana in public. You can report them to law enforcement for that violation and penalize them as you see fit for their actions.

Understandably, you may be worried that your current or former employee may attempt to sue you after you reprimanded them. Don’t be afraid because Arizona has laws in place that protect employers from being sued by former employees who were fired after doing drugs or drinking on the job.

The bottom line here for employees is that marijuana usage is best confined to the home. Bringing that habit to work without clearing it with your employer first can lead to some serious trouble. You can steer clear of that potential headache by only using marijuana in your place of residence.

Disqualifying Applicants for Marijuana Usage

Business owners are not required to allow or even accommodate their employees who use, possess, or display marijuana. If you’ve already established guidelines indicating that marijuana is not allowed in your place of business, you can reprimand your employees for violating them.

Some employers want to maintain drug-free work settings, which is why they are careful about who they hire. In pursuit of maintaining a drug-free workspace, you can ask applicants to participate in a drug test. If an applicant tests positive for marijuana, you are well within your rights as an employer to decline offering the job.

There is an exception for those who have been cleared for medical marijuana usage. Employers cannot cite a positive marijuana test as the reason why they denied an applicant if that person in question has medical marijuana exception.

Still, even those with a medical marijuana exception can only use the substance at home. If you found them smoking at work, you can penalize them.

One more thing to point out here is that marijuana users may be disqualified from certain jobs even if they have a medical exception. Using marijuana while performing certain tasks may bring up safety concerns. The safety of people on the job site takes precedence in that scenario.

smoking marijuana in a car

How Smoking Marijuana Affects Your Driving Privileges

Many of us often associate driving under the influence or DUI violations with drunk driving. It’s easy to understand why that happens because many DUI violations do indeed involve individuals who have consumed way too much alcohol still trying to operate their vehicles.

You should know that you can still be cited for a DUI violation even if you only used marijuana. Driving under the influence of marijuana was illegal prior to the enactment of Proposition 207 and that remains the case today.

Why Driving Under the Influence of Marijuana Is Illegal

The dangers of driving under the influence of alcohol are well known but don’t discount how much marijuana usage can impair you as well. The CDC has highlighted the different ways in which marijuana usage can affect your driving skills.

Per this fact sheet from the CDC, using marijuana can slow down your reaction while also adversely affecting your ability to make decisions. Even your coordination and perception can be adversely affected by marijuana usage. You can easily imagine how negative effects such as those can prove deadly when you’re behind the wheel of your car.

At this point, there is no roadside test that can accurately tell if you recently used marijuana. Don’t assume that the lack of an accurate test means you can get away with driving under the influence of marijuana, though. You may still be tested for marijuana after a potential incident.

The tricky thing about marijuana too is that it tends to hang around in the human body. Studies have found that marijuana can still be detected in a person’s body even though the last time they smoked was days or even weeks before. Remember too that you can be cited for a DUI violation if a drug metabolite is found in your system.

Err on the side of caution and avoid driving if you know that your head is not clear after using marijuana. Disregarding your current condition can land you in big trouble.

The Penalties for Getting Caught Driving Under the Influence of Marijuana

The penalties for getting caught driving while under the influence of marijuana are harsher than the ones levied for smoking the substance in public. That holds true even for first-time offenders.

The first time you’re caught driving under the influence of marijuana, you will be sentenced to spend at least ten consecutive days in jail. You will also be fined not less than $1250 for your negligent actions. Offenders also render community service.

Individuals found guilty of driving under the influence also need to take part in education, screening, and treatment programs. Participating in one of those programs should teach you how dangerous impaired driving can truly be.

Penalties become more severe for repeat offenses.

The fine is now a minimum of $3000 while your jail sentence will be no shorter than 90 days. Rendering community service and participating in education, screening, and treatment programs also remain as requirements. They may revoke your driver’s license for twelve months if you are guilty of driving under the influence of marijuana more than once.

Can You Smoke Marijuana in Your Vehicle if You Are Not Driving?

Driving under the influence of marijuana is prohibited in the state of Arizona, but what about smoking marijuana in your car? Is that illegal even if you do not intend to drive?

Even with no intention to drive, smoking marijuana inside your vehicle is still prohibited. That makes sense considering how marijuana can affect you physically and mentally. You may not be planning to use the vehicle, but you may still move it accidentally in your impaired state.

One wrong move can lead to an accident, so it’s best to avoid being anywhere near your vehicle if you’re smoking marijuana.

By the way, flying an airplane and controlling a boat are also illegal actions when performed under the influence of marijuana.

Were you recently cited for violating one of Arizona’s laws regarding marijuana? If that’s the case, you will need expert legal representation.

A good attorney will argue on your behalf and prove your innocence if you were wrongfully accused. Your attorney can also negotiate for more lenient penalties on your behalf if you were found guilty of violating certain laws.

We at the Schill Law Group are ready to lend our legal expertise to all Arizona residents. Contact us today if you need expert legal minds fighting for you.

Arizona Drug Crime Laws

by Jay Jurasevich | Dec 16, 2020 | Drugs

DRUG CRIME ATTORNEYS

MORE THAN 100 YEARS COMBINED EXPERIENCE

Arizona Drug Crime Laws

Drugs continue to be a serious threats to public safety throughout the country. States are fighting the spread of those dangerous substances in their own ways with the help of their drug crime laws.

The state of Arizona has its own tough laws on the books that seek to stamp out the rampant spread of drugs in our neighborhoods. You need to know more about those laws to truly understand how costly it could be if authorities catch you using or possessing those problematic substances.

In this article, we will go in-depth on Arizona’s drug crime laws. We’ll talk about what constitutes a drug offense, the substances you must avoid, and the penalties you may face if you dabble in drugs. Feel free to read on if you also want to learn the latest developments involving Arizona’s marijuana laws.

Arizona’s New Marijuana Laws

First off, let’s talk about marijuana because the Grand Canyon State recently adopted big changes that affect how they police that substance. In case you missed it, Arizona residents approved Proposition 207 in the general election.

Also known as the Smart and Safe Arizona Act, Proposition 207 significantly changes the laws regarding marijuana possession, usage, and cultivation. It legalizes the possession, usage, and cultivation of marijuana for Arizona residents assuming they meet certain conditions.

The New Marijuana Possession and Usage Laws

With the passage of Proposition 207, adults over the age of twenty-one in Arizona can now legally possess and use up to an ounce of marijuana for personal use. They can also buy marijuana provided that the amount they purchase does not exceed one ounce.

Previously, Arizona residents needed medical clearance if they wanted to possess, purchase, or use marijuana legally.

Notably, those with a medical exemption for marijuana usage can continue purchasing and using marijuana. For them, the purchasing limit is 2.5 ounces over fourteen days.

The New Marijuana Cultivation Laws

Proposition 207 has also ushered in new laws about marijuana cultivation. According to the Arizona Department of Health Services, adults over the age of twenty-one are legally allowed to cultivate their own marijuana plants at their private residence.

The number of marijuana plants they can cultivate in one home can vary depending on who lives there. If there’s one adult present, the limit of marijuana plants that can be grown is six. If there are two or more adults present, they can cultivate up to twelve marijuana plants.

Cultivation is also legal for medical marijuana patients and caregivers. They can grow up to twelve marijuana plants at their residence if the nearest dispensary is more than twenty-five miles away.

Violations Related to Marijuana

It’s important to point out here that there are still laws that limit the possession, usage, and cultivation of marijuana in Arizona. Let’s detail them in this section.

Marijuana Possession Violations

Remember that adults over the age of twenty-one can only possess one ounce of marijuana. Exceed that limit even by a tenth of an ounce, and you could receive a $300 fine, according to NORML.

If they catch you in possession of more than 2.5 ounces of marijuana, you’re looking at potentially up to 1.5 years in jail and a maximum fine of $150,000. For possessing more than two but less than four pounds of marijuana, jail time goes up to potentially two years, and the maximum fine is $150,000.

Individuals caught in possession of more than four pounds of marijuana may be incarcerated for up to three years and fined up to $150,000.

Marijuana Usage Violations

There are limits still placed on marijuana usage in the state of Arizona. Even if you’re an adult, you are not allowed to smoke marijuana in public.

Operating any vehicle is also illegal if you used marijuana. They may cite individuals found guilty of committing that offense for DUI. You must deal with the penalties that accompany a DUI. You’ll have to deal with the penalties that accompany a DUI violation.

Marijuana Cultivation Violations

Apart from limiting the number of marijuana plants adults can grow, Arizona law also indicates that you must cultivate the plants in a specific area. Individuals who want to grow their own marijuana must use an enclosed area in their home to grow the plants. You must also secure the enclosed area with a lock or device to keep its contents away from minors.

Growing more marijuana plants than what is legally allowed is a felony. Violators could be incarcerated for up to seven years and fined up to $150,000.

Marijuana Selling Violations

You should also note that selling the marijuana you grow inside your home could be an illegal action. Arizona residents must first secure clearance to operate as a marijuana establishment if they want to sell their cultivated plants.

Selling more than the legally allowed amount of marijuana is considered a felony. Penalties will climb depending on how much you illegally sold. In cases where an individual sold more than four pounds of marijuana, that person could receive up to ten years and a $150,000 fine.

Marijuana Trafficking Violations

Marijuana can now be legally bought and sold within Arizona. However, bringing in marijuana from another state into Arizona still counts as a trafficking offense. The severity of the penalties you’ll face for trafficking will depend on how much marijuana you attempted to smuggle into the state.

Attempting to bring in less than two pounds of marijuana can lead to being incarcerated for up to seven years and getting hit with a $150,000 fine. For trafficking more than two pounds of marijuana, the fine stays the same, but the maximum sentence goes up to ten years.

Marijuana Laws Regarding Minors

Although Proposition 207 has relaxed the laws regarding marijuana possession, usage, and cultivation for adults, they remain strict for minors. If you’re under the age of twenty-one, possessing or using marijuana is out of the question.

Minors caught with marijuana will be charged with a civil penalty the first time around. A second violation will lead to a petty offense charge, while a third violation translates to a Class 1 misdemeanor.

Arizona’s Dangerous Drug Crime Laws

It’s fair to say that Arizona’s attitude towards marijuana has changed. That’s only one drug of note, however. You’ll find that the state remains strict when it comes to substances classified as “dangerous drugs.”

So, what are the “dangerous drugs” according to Arizona law?

Per the law, a dangerous drug is any material, compound, or mixture that contains certain hallucinogenic substances. Those hallucinogenic substances in question include isomers, salts, and salts of isomers. Cannabimimetic items with those same hallucinogenic substances also qualify as dangerous drugs unless they received a specific exemption.

Stimulants that contain those hallucinogenic substances that are prone to abuse similarly qualify as dangerous drugs. Depressants that can be abused are also regarded as dangerous drugs, according to Arizona law. Items that contain anabolic steroids, their esters, isomers, and/or their salts are similarly considered as dangerous drugs.

Specific examples of dangerous drugs include amphetamines, ketamine, and methamphetamine, to name a few.

Violations Involving Dangerous Drugs

The state of Arizona is not lenient when it comes to dangerous drugs. Residents can violate the state’s drug laws in a variety of ways. They also come with harsh penalties.

Possessing, using, or selling any dangerous drug is illegal in the state. Residents are also forbidden from manufacturing or even owning the equipment and chemicals used to produce dangerous drugs. Trafficking and administering dangerous drugs to another person are also considered illegal actions.

Penalties for Dangerous Drug Violations

You could receive a long prison sentence if you’re guilty of violating Arizona’s dangerous drug laws. When it comes to methamphetamines specifically, the prison sentences are long.

Individuals who sell, produce, and possess items for trafficking methamphetamine are looking at five years in prison at the least.

Often, though, the prison sentence handed down to those who committed those violations is ten years. Depending on the circumstances of your case, the sentence could go all the way up to fifteen years.

Residents who repeat those violations will be looking at even longer prison sentences.

At a minimum, a repeat offender can expect to spend ten years in prison. The maximum sentence is twenty years, while the presumptive sentence is fifteen years.

Depending on the violation you committed, you may also be deemed ineligible for parole or to have your prison sentence suspended.

Beyond the prison sentence, violators can receive fines. The minimum is $1,000. The fine could also be equivalent to three times the value of the items that constituted the dangerous drug violation.

Violators can also receive probation. During their probation, violators must render at least 360 hours of community restitution.

What Is a Serious Drug Offense in Arizona?

Violations that involve dangerous drugs are handled seriously in Arizona. On top of that, the state makes additional efforts to curb the spread of illegal drugs by clamping down hard on serious drug offenders.

When referring to serious drug offenses, we’re mainly talking about violations that involve producing, selling, and trafficking drugs.

There’s also a financial element that turns what could otherwise be a regular drug offense into a serious drug offense. More specifically, if the individual caught made upwards of $25,000 from their drug dealings, their violation will likely a serious drug offense.

You can receive a serious drug offense if you’re part of a larger network of people dealing drugs.

Penalties for Committing a Serious Drug Offense in Arizona

People caught violating one of Arizona’s dangerous drug laws could end up in prison for more than a decade. That prison sentence pales in comparison to what you could receive for a serious drug offense.

Whether you were a solo drug offender or part of a network, you may receive life in prison if you’re convicted. Like with dangerous drug violations, you cannot be pardoned or get your sentence suspended easily. Serious drug offenders must spend a minimum of twenty-five years in prison before they become eligible to get their sentence commuted.

Considering how long a potential prison sentence can be if you’re convicted, fighting the false charges against you is crucial. You’ll need a skilled and experienced lawyer to take up your case.

How a Lawyer Can Help You Fight Your Drug Charges

Arizona residents accused of violating one of the state’s drug crime laws can use different defenses in court.

If you believe that the police planted drugs on you during a routine traffic stop or some other previous interaction, your lawyer can hone in on that during the trial. Your lawyer may also argue that they obtained the illegal drugs through an illegal search.

Given the new laws that the state has enacted regarding marijuana, it’s not out of the realm of possibility that a police officer may mistakenly arrest you. If that does indeed happen, your lawyer can point out that you did nothing illegal. Your lawyer may even argue that you are due compensation for the mistake made in your case.

A police officer may also mistakenly assume that you possessed an illegal amount of marijuana. That may happen if the officer didn’t know about your medical exemption. Once again, that’s a scenario where your lawyer can prove your innocence and possibly even get you some compensation.

There are also police officers that resort to trapping private citizens to make arrests. Citing an occurrence of entrapment is a viable defense in some drug cases. Allow your lawyer to emphasize that point if applicable during your defense.

It’s not an exaggeration to say that a drug charge can ruin your life. If you are innocent of the crime, you need to fight back and prove your innocence.

Allow us at the Quirk Law Group to fight on your behalf. Contact us today and find out how we can help you combat the bogus drug charges you’re facing.

Can Teenagers Be Approved for Medical Marijuana in Arizona?

by John Schill | Feb 28, 2018 | Drugs, Medical Marijuana

Defending the People of Arizona

With more than 100 Years of combined experience

Can Teenagers Be Approved for Medical Marijuana in Arizona?

As a parent, you want to make sure that your kids are happy and healthy at all times. When your child is suffering from chronic pain or illness, it’s very difficult to stand by and watch them struggle. Fortunately, medical marijuana is available to eligible patients throughout Arizona – but do minors under 18 qualify for this type of treatment? As with all eligible patients, there are many rules and regulations which govern the distribution and use of medical marijuana in Arizona. To ensure that your child is well cared for while remaining in compliance with the law, we’ve put together this guide to the use of medical marijuana in Arizona.

Qualifying for Medical Marijuana as a Minor in Arizona

In order to qualify as a minor patient for the use of medical marijuana in the state of Arizona, the patient must have a medical marijuana caregiver, typically a parent or legal guardian. In addition to this, the patient must have been seen by a licensed medical doctor who has assessed his or her needs and determined that medical marijuana is the best course of treatment. The doctor will need to complete a Medical Marijuana Physician Certification for Patients Under 18 Form. The patient will also need to submit a photograph and fingerprints with his or her application.

Responsibilities of a Caregiver in Arizona

As a medical marijuana caregiver in Arizona, you will be responsible for completing and submitting your minor child’s application for a medical marijuana ID card, as well as all other subsequent forms and payments. You will need to be aware of when the medical marijuana card must be renewed, and make sure that your child is consuming and using his or her medicinal products as prescribed and in a safe and responsible manner. Lastly, it will be your job to stay on top of the laws and ensure that you and your minor child are doing everything legally and correctly at all times.

The Don’ts of Medical Marijuana as a Minor in Arizona

Even if your minor child is deemed eligible for the use of medical marijuana in Arizona, there are still strict guidelines that you must adhere to. Having a qualifying condition or illness isn’t enough for your child to legally gain access to and utilize medical marijuana. You must go through the proper channels at all times to legally obtain it. This means always carrying the proper identification and medical card, ensuring that the card is up-to-date, and only purchasing medicinal products from an authorized dispensary. Your child must never share his or her medicinal materials with another person, as this is against the law. You should also be aware that strict regulations surround you or your minor child’s ability to grow plants inside your own home. According to Arizona law, this is only allowable when you and your child live farther than 25 miles from a dispensary. You may not grow more than the allowable number of plants, and these must be grown in a place out of sight of the public, and in a safe, locked room. Be sure to check with the state before growing your own. Finally, your minor child must understand that he or she may never get behind the wheel of a car while treating his or her condition with medical marijuana.

Need more information on the use of medical marijuana as a minor in Arizona? Has your minor child been arrested for the use of Medical marijuana in Arizona? Reach out to the team at Schill Law Group for a free case evaluation today. We’ll make sure someone is on your side at all times.

Tags:

Can I Legally Grow Marijuana in Arizona?

by John Schill | Feb 12, 2018 | Criminal Charges, Drugs, Felony, Medical Marijuana, Possession of an Illegal Substance

AZ MARIJUANA ATTORNEYS

DEDICATED AND EXPERIENCED

Can I Legally Grow Marijuana in Arizona?

The New Arizona Laws Regarding Marijuana

Arizona laws pertaining to marijuana are changing. The results of the most recent election made big changes to the laws concerning growing medical marijuana and marijuana usage in general.

Keeping up with the new laws is essential if you’re planning to use marijuana more moving forward or perhaps considering growing your own plants at home. We’ll be discussing the most notable changes here.

Stay on top of the new marijuana laws to steer clear of trouble while simultaneously exploring the new opportunities available to you.

The Passage of Proposition 207 and Its Impact on Arizona’s Marijuana Laws

Residents of Arizona voted on changes to marijuana laws in the most recent general election. They were given the chance to do that by either voting “yes” or “no” to Proposition 207.

After tabulating the results, Arizona officially certified the passage of Proposition 207. The passage of Proposition 207 brings sweeping changes to the laws that were previously on the books.

Generally speaking, the laws regarding the usage and cultivation of marijuana have eased significantly. Let’s discuss those changes in greater detail below.

Who Can Use Marijuana in the State of Arizona?

The passage of Proposition 207 means that more Arizona residents are now eligible to use marijuana in the state. Previously, only individuals who had an Arizona medical cannabis card could use marijuana.

The new laws now expand that to include all adults over the age of twenty-one. Notably, those under the age of twenty-one still need to be medically qualified before they can purchase or use marijuana.

Adults over the age of twenty-one can purchase no more than one ounce of marijuana at a time. For medical marijuana users, the limit is no more than 2.5 ounces purchased throughout fourteen days.

Are There Restrictions on Adult Marijuana Usage?

While the state of Arizona is now more accommodating to marijuana users, there are still certain restrictions in place designed to protect public safety.

For example, residents are still not allowed to drive after using marijuana. That could be a DUI violation, and you could find yourself in serious trouble if you ignore that rule.

Users are also not allowed to smoke marijuana in public. Stay at home if you wish to partake in marijuana usage.

Marijuana Cultivation for Adults

The laws governing the growing of marijuana have changed quite a bit thanks to the passage of Proposition 207. Adults over the age of twenty-one now have more freedom in that regard.

Per the new laws, adults over the age of twenty-one can grow their own marijuana plants. An adult is limited to growing no more than six marijuana plants inside their home. If two or more eligible adults are living in your home, you can grow twelve marijuana plants but no more than that.

Another important thing to note here is that you must choose an appropriate place to grow the marijuana plants before proceeding with cultivation. You cannot grow the plants anywhere.

Cultivators must grow the marijuana plants inside an enclosed space such as a room or closet that is adequately secured. The growing space for marijuana plants must not be accessible to any minors.

Medical Marijuana Cultivation

Medical marijuana patients and caregivers can grow marijuana plants at home if they live a certain distance away from the dispensary. More specifically, medical marijuana patients and caregivers can grow their plants if they live 25 miles or more away from a dispensary.

Individuals cultivating marijuana for medical use can grow up to twelve plants.

Can You Sell the Marijuana Plants You’re Growing at Home?

The state of Arizona still does not allow individuals to sell marijuana plants they grow at home. You cannot pick up a plant and sell it to a friend whenever you like. Doing so could lead to you being charged with a crime and receiving penalties.

If you are interested in selling marijuana, you need to register as a marijuana establishment first.

What Is a Marijuana Establishment?

A marijuana establishment is an entity recognized by the state of Arizona as a retail location that can legally sell and cultivate marijuana. To be more specific, the licensee present at that establishment is permitted to sell marijuana and other marijuana products to adults over the age of twenty-one.

Individuals who want to become licensees for marijuana establishments can get to work now on preparing their applications. Early applications for marijuana establishments will be accepted from Jan. 19, 2021, up to March 9 of the same year.

Interested licensees must meet certain criteria.

The prospective licensee must first be looking to get established in a county currently being served by fewer than two non-profit medical marijuana dispensaries.

Non-profit medical marijuana dispensaries can also apply to become a marijuana establishment. To get their application granted, the dispensary must be registered and have no outstanding issues with the Arizona Department of Health Services.

What Happens if a Non-Profit Medical Marijuana Dispensary Is Allowed to Operate as a Marijuana Establishment?

We noted above that non-profit medical marijuana dispensaries can also apply to operate as marijuana establishments. What exactly will applying for that additional designation mean?

Upon being granted a license to operate as a marijuana establishment, a medical marijuana dispensary will be allowed to cater to more people. The establishment can continue to provide marijuana to qualified patients. At the same time, the establishment will also be allowed to sell marijuana to adults over the legal age.

Can Marijuana Usage Affect an Individual’s Employment Status?

Whether or not you will be allowed to use marijuana at your workplace will depend on your employer. Employers are still allowed by law to keep marijuana out of their offices, and you will need to comply as an employee.

It is worth noting that qualified medical marijuana users can be an exception to that rule. Talk to a lawyer if you wish to learn more about potential medical marijuana usage in the workplace.

Proposition 207 is easing the restrictions the state of Arizona used to have on marijuana usage and cultivation. Hopefully, you are now more aware of what you can legally do with regards to marijuana.

If you believe that you are being wrongfully accused of committing a crime involving marijuana, contact us at the Schill Law Group right away. We’ll prove your innocence and get you fair compensation for being subjected to that ordeal needlessly.

If you or a loved one have been charged with illegally growing marijuana plants, The Schill Law Group is here to help you fight your case. Reach out to one of our legal professionals for a free case evaluation today.

Dangerous Drug Charges and What Can You Expect?

by John Schill | Dec 11, 2017 | Criminal Charges, Drugs, Felony, Possession of an Illegal Substance

Defending the People of Arizona

With more than 100 Years of combined experience

Dangerous Drug Charges and What Can You Expect?

Drug possession charges are always a big deal, but some drugs are considered to be more serious than others. “Dangerous Drug” possession is considered a Class 4 Felony in Arizona. Because this class of felony charge can result in lengthy jail sentences and hefty fines, it’s important to understand what constitutes a “dangerous drug.” After all, the term “dangerous drug” seems somewhat vague and subjective. Under Arizona law, however, there are no gray areas. Today’s post will outline what a dangerous drug really is and what you can expect if charged with possession.

What are “Dangerous Drugs” in Arizona?

Although it could be argued that all drugs (even legal ones) are dangerous in certain quantities, the state of Arizona has a much narrower definition of what constitutes a “dangerous drug.” Generally speaking, a drug is considered to be dangerous when it is an illegal narcotic other than marijuana. The list is extensive, but some of the most commonly abused drugs that are included on the list of drugs deemed “dangerous” under Arizona law include:

Methamphetamines
LSD
Ecstasy
Steroids
Mescaline
MMDA
GHM
Clonazepam
Psilocybin Mushrooms (“Magic” Mushrooms)

The attorneys at Schill Law Group can provide you with the full list of dangerous drugs for your review. We have worked numerous cases involving the possession of dangerous drugs and have skillfully helped countless defendants navigate their legal options when facing such a charge. Through aggressive courtroom tactics, we have achieved many positive case outcomes, including dismissed cases and reduced charges.

Possession of Dangerous Drugs in Arizona

The most common dangerous drug charge in Arizona is for possession. If you are arrested for a first or second offense of possessing a dangerous drug, you could face 1.1-3.7 years of jail time, fines, and a felony charge on your record. Third-time offenders and any subsequent offenses may receive jail sentences ranging from 1.5-3.7 years. In cases where the drug involved was not meth, first and second-time offenders may be given the opportunity to attend substance abuse treatment and to submit to random drug testing in lieu of jail time. Successful completion of the program could result in your criminal charges being dismissed; however, failure to complete the program will ultimately result in jail time and harsh penalties. Some first and second-time offenders can also have their charges reduced to a misdemeanor. Having the right lawyer on your team will ensure the best possibility for a favorable outcome.

Other Dangerous Drug Charges in Arizona

Beyond simple possession, there are other ways to get in trouble with Arizona law as it pertains to dangerous drugs. If for instance, you are arrested for possessing dangerous drugs with the intent to sell, you may be charged with a Class 2 Felony which carries a 3-15 year sentence, depending on prior convictions and quantities. The manufacture of dangerous drugs or administering a dangerous drug to another person is also a Class 2 Felony and carries serious penalties including prison time and fines.

Fighting a Dangerous Drug Case in Arizona

Because the state of Arizona takes dangerous drug crimes very seriously, it’s imperative that you have a qualified defense attorney working on your side. Penalties can vary based upon your criminal record, the drugs involved, and the quantities present, and an experienced lawyer will be able to assemble that data and determine the best course of action for fighting your case.

The team at Schill Law Group understands the complexities of Arizona dangerous drug laws and can help you build your very best defense. Have you or someone you love been accused of a crime involving a dangerous drug? Let us start fighting for your rights today. Call the attorneys at Schill Law Group for a free case evaluation immediately.