(480) 680-7432

Can I Legally Grow Marijuana in Arizona?

by | 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 | 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.

Marijuana Laws in Arizona – What You Might Not Know

by | Aug 15, 2017 | Possession of an Illegal Substance

Defending the People of Arizona

With more than 100 Years of combined experience

Marijuana Laws in Arizona – What You Might Not Know

Although Arizona residents were close to legalizing marijuana less than a year ago, the ballot lost by a slim margin, maintaining the illegality of marijuana in the state. Many believe that the next vote on the legalization of marijuana will have a different outcome. Until then, smoking, ingesting, or possessing recreational marijuana is still illegal. That’s why it’s important to know all you can about the consequences of marijuana possession.

Misdemeanor or a Felony

When caught with marijuana, it’s possible to be charged with either a misdemeanor or felony, typically depending on the amount found in your possession. Marijuana possession is classified as a class 6 felony, which – by a judge’s discretion – can be designated as a class 1 misdemeanor instead. Felony charges carry much more significant penalties, both in terms of the court system and how you’re affected once the case has been closed, which is why obtaining legal counsel from the onset is so crucial.

Jail Time for First-Time Offenders

Under Prop 200, courts cannot give jail time for first time marijuana personal possession offenders. There are specific exceptions to this, of course, one of which is if the drug offense was tied to a violent offense. In most cases of marijuana possession, however, you’ll likely be cited and released. Some other factors that could enhance your punishment include:

  • Previous criminal record
  • Multiple arrests for possession of illegal substances
  • Arrest made in connection with a driving infraction
  • If cultivation was involved

State vs. Federal Jurisdiction

The news coverage in recent years has highlighted overlapping state and federal laws as they pertain to marijuana possession. Federal law enforcement officials have reiterated their authority to arrest individuals for possession, regardless of a state’s laws. Though federal officials have yet to act on this authority in places where recreational marijuana has been legalized at the state level, there exists important distinctions between being arrested by state or federal officials. The most significant difference, in most cases, is that federal penalties are potentially more severe. If you are arrested by federal law enforcement, the agency is likely pursuing additional charges, ranging from drug trafficking and grow operations, to violent activities or unlawful possession of firearms. This is why it is essential that you hire an effective criminal attorney, like those at the Schill Law Group, to protect your legal rights.

Mandatory Penalties for Personal Possession

Marijuana possession carries with it a mandatory fine that is calculated at either a base rate or by the value of the drug, plus a surcharge. In addition to the monetary fine, you may also be required to perform community service, complete drug awareness classes, or be placed on probation. Many people who have been arrested for possession seek out a plea deal without even consulting an attorney aside from a public defender, which often means that these penalties are not explained clearly, and may not be in your best interest. Even these lesser mandatory penalties can disrupt a person’s life for months, or possibly even years.

Loss of Federal Financial Aid and Employment

A marijuana possession conviction could lead you to lose eligibility for federal financial aid, as well as damage your reputation when trying to find employment. It could also exclude you from some jobs that require fingerprint clearance. Just as we discussed above, these types of secondary penalties are not typically explained to the arrested individual by law enforcement, which is yet another reason why proper counsel must be obtained if you hope to lessen your punishment for years to come.

Have you recently been arrested for marijuana possession? Are you looking for more information on this subject or other criminal issues? Reach out to the attorneys at Schill Law Group and we’ll provide a free case review.

What To Do When Confronted for Marijuana

by | Aug 1, 2017 | Possession of an Illegal Substance

Defending the People of Arizona

With more than 100 Years of combined experience

What To Do When Confronted for Marijuana

Although the legalization of marijuana is expanding across the country, Arizona is still a state where it is illegal.  About half of all drug arrests are related to marijuana, and 88% of those arrests are for simple possession.  While the best way to avoid trouble with the law is to not carry illegal substances on your person, there are still a few things you can do to protect yourself in the event you’re confronted by law enforcement and have marijuana in your possession.

Know Your Rights to a Bodily Search 

Without reasonable suspicion that you’re carrying drugs, a police officer isn’t supposed to search your person without your consent. He or she may “ask” you to turn out your pockets, but unless they have a search warrant, have spotted paraphernalia or drug residue on your property (including inside of your vehicle), or have felt something hard during a pat down, you have the right to refuse. If the officer tells you that he or she has a warrant, you can ask to see it. If no warrant is presented, you might consider telling the officer that you do not consent to the search and request to speak to a lawyer.

Know Your Rights to a Vehicle Search 

Just as in the case of a bodily search, a police officer cannot legally search your vehicle unless he or she has a warrant, reasonable suspicion (including the presence of drug paraphernalia), or your consent to conduct the search. The officer may order you to get out of your vehicle, and you should comply with this demand. Unless something is found on your person during a legal body search, a warrant is present, or the officer has a reason to suspect that you are in possession of illegal substances, he or she cannot legally search your property. You might consider telling the officer that while you have nothing to hide, you do not consent to a search, and then ask the officer if you’re free to go. If there are no grounds to hold you and conduct a search, the officer will usually let you go. You can also request to speak with a lawyer regarding your rights at any point.

Remain Silent 

By remaining silent you reduce the chance of incriminating yourself or offering “reasonable suspicion” by saying too much. The more you talk, the more prone you are to nervousness, stuttering, stammering, or stumbling over your words. This can lead an officer to believe that you are under the influence or that you have something to hide. It’s best to keep your responses to a police officer to a minimum, simply asking whether or not you are being detained or are free to go.

Being calm and knowing your rights when confronted by a police officer for marijuana can go a long way in keeping you out of trouble with the law. In the event that you do find yourself under arrest for marijuana possession, the Schill Law Group can help. Contact us for a free case evaluation today.

WE'RE OPEN! CALL US BY PHONE FROM THE PRIVACY OF YOUR HOME. (480) 680-7432