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…
Understanding Arizona Affirmative Defenses One of the best ways to understand the entrapment defense in Arizona is to read the standard jury instructions. Arizona Pattern Jury Instructions for criminal cases tracks the language of A.R.S. § 13-206 and provides: The defendant has raised the affirmative defense of entrapment with respect…
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…
Arizona Domestic Violence Laws, Penalties, Criminal Defense The Lautenberg Amendment in Title 18 U.S. Code § 922(g)(9) prohibits shipment, transport, ownership and use of guns or ammunition by individuals who were convicted of a misdemeanor domestic violence offense or are under a protection order (commonly referred to as a restraining…
Overview of Arizona DUI Trends, Laws, Penalties, and Criminal Defense If you live in Arizona or plan to drive in the state over the July 4th weekend it is important to be aware of the DUI laws and consequences of a conviction. According to media reports, state and local law…
DEA danger warnings; Arizona Laws, Facts, Trends, and Criminal Defense The National Centers for Disease Control (CDC) reported this year that the USA is facing drug overdose deaths in epidemic proportions. In the data collected by the CDC, it was concluded that overdoses increased 137 percent over the last decade.…
One of least understood and most commonly charged crimes in Arizona is “Failure to Comply with a Lawful Order” in violation of Arizona Revised Statutes (ARS) section 28-622(A). The crime is classified as a class 2 misdemeanor. The statute provides: 28-622. Failure to comply with police officer… A person shall…
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.…
Plus 3 Safety Tips for Drivers to Begin Your Year-End Holiday Festivities This holiday season we wish to remind Arizona drivers that the new ban on Texting and Driving in Tempe AZ is in effect. Tempe joined Phoenix, AZ, and several other cities to ban texting and driving with…
Four defenses used to challenge flakka and other synthetic drug charges in Arizona; laws, penalties; and what you need to know about Flakka. Each day we are learning more about the deadly effects of the new street drug “flakka” – a drug described as being so dangerous, that even dealers…