A Comprehensive Overview: Arizona Marijuana laws, Mandatory Minimum Drug Sentencing, and Impacts on Society.
Drug Conviction Results in Sentencing Typically Reserved for Murder
John was accused of a first-time, non-violent drug offense. He had no prior criminal record, no evidence of drug abuse, and no prior drug convictions.
A recent ruling could mean that a motorist who last smoked Marijuana in a legal state a month prior to traveling to Arizona, may be arrested and prosecuted for Marijuana DUI.
An Arizona Court of Appeals marijuana DUI dismissal was overturned recently in favor of the prosecution, and returned the case to the Superior Court for continued prosecution proceedings.
The issue in question was whether or not a motorist could be prosecuted for driving under the influence of Marijuana, even if the only evidence was blood test results that revealed a chemical compound that does not cause impairment; but can remain in the blood stream for a month.
Arizona’s Marijuana Possession Laws
In Arizona person may be arrested for Marijuana Possession under ARS § 13-3405. In order to prosecute these charges, the state must prove “beyond a reasonable doubt” the possessor knew or had reason to know, that the Marijuana was in their possession. If the person knowingly possessed the Marijuana, they may be charged with Felony. The severity of the charges and punishment depend on the following:
Arizona DUI & Criminal Defense Attorney Blog