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Articles Posted in Marijuana Offenses

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Arizona Could Legalize Recreational Marijuana on November 8

Arizona’s Proposition 205 -Legalization of Marijuana  If Prop 205 passes, marijuana does not become instantly legal statewide. Sales of cannabis could begin as soon as March 1, 2018. The proposition establishes the creation of a Department of Marijuana Licenses and Control that would be responsible for licensing and regulating retail…

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Arizona Supreme Court Rules Marijuana Odor Establishes Probable Cause

Arizona Cannabis Laws, Penalties, Criminal Defense Police officers have long used the alleged scent of marijuana as an excuse to perform searches of alleged offenders’ motor vehicles when they refuse to consent to such searches. After the two divisions of the Arizona Court of Appeals came to different conclusions about…

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New Affirmative Defense for DUI Marijuana or Impairing Metabolite in Arizona

On November 20, 2015, the Supreme Court of Arizona decided Dobson v. McClennen (P.3d, 2015 WL 7353847, Arizona Supreme Court 2015). The decision has important implications for individuals that use medical marijuana and might have THC or its metabolite in their system but drive at a time when they are not impaired.…

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Arizona Court of Appeals: Medical Marijuana Authorization Not Sufficient to Overcome DUI Charge

Qualified Medical Marijuana Users Remain at Risk of DUI Prosecution. Authorized Medical Marijuana users in Arizona have legal authorization to use the substance, but could still be charged with DUI if considered driving under the influence of drugs, according to a recent Arizona Court of Appeals ruling. The court ruled…

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Marijuana Mandatory Minimums: A Crime of Epic Proportions

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. The Defendant…

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AMMA Today: What’s Covered, What’s Not Under Arizona’s Medical Marijuana Laws

“Patient-to-patient sales and transfers were never intended under the law.  Why it’s no longer being prosecuted”.    On-Line Marijuana Purchase Turns Deadly Recently in Arizona, an incident involving an online Medical Marijuana sale went tragically wrong, and resulted in a shooting death. A 19 year old man answered a Craigslist advertisement from…

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AZ Supreme Court Affirms “Possession-for-Sale” Possible, Even If No Drugs Taken

AZ High Court uses “constructive possession” standard in reverse-sting operation case. In State of Arizona v. Keven Ottar and Ruan Junior Hamiliton, recently, the Arizona Supreme Court affirmed the Appeals Court decision to continue prosecution of Marijuana Possession charges, even though the defendants did not leave with the drugs. The…

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Arizona Efforts to Legalize All Marijuana in 2014

Measure would also liberalize Arizona’s strict Marijuana DUI laws.  An initiative filed by “Safer Arizona”, seeks to legalize all forms of Marijuana for adults in Arizona. The words “We’re gonna legalize it” which appears on their website indicates their mission to end all Marijuana prohibition in Arizona. The petition requires…

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Marijuana Arrests in the US: FBI Releases Compelling Statistics

“Arizona among other states that have legalized Medical Marijuana, have been prohibited from implementing the Medical Marijuana laws, due to Federal prohibition and fear of prosecution.    The FBI recently released crime statistics for 2011 crime statistics in 2011. It was estimated that every 42 seconds a Marijuana arrest was made…

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