Articles Posted in Drug Crimes

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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. Jokingly called the “Driving While a Habitual User of Marijuana,” these prosecutions are no joke.

Although the responsible use of cannabis for medical purposes has largely been decriminalized in Arizona, prior to this decision the DUI laws effectively made it a crime to drive as a medical marijuana patient (even after the impairing effects faded and disappeared). In other words, using medical marijuana should not automatically be a DUI when there was no actual impairment at the time of driving.

The decision in Dobson v. McClennen didn’t make either side happy. The defense wanted a ruling that Medical Marijuana Patients were immune from the “per se” version of DUI under § 28–1381(A)(3). On the other hand, the prosecution wanted a ruling that a positive blood test meant an automatic “per se” DUI conviction under § 28–1381(A)(3). The Court rejected both positions and came up with a middle ground that leaves many of the complicated issues surrounding driving after consuming medical marijuana unresolved.

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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 and those suffering from drug addictions are afraid to use it.

The DEA reported an alarming 780 percent increase in cases over the last three years, largely due to its affordability and accessibility.

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How to identify signs and symptoms of use and abuse; New National CDC statistics; Narcan lifesaving drug legislation; Arizona heroin laws, penalties, and criminal defense.

Tragedy Strikes Home: “This Drug Wants to Kill You”23-year-old suspect stood before a district court judge after his first arrest the night before, on heroin possession charges.

The young man made an impression on the judge that he would not soon forget.

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Ongoing Efforts by States and Federal Officials to ban synthetic drugs; Trends; Dangers of synthetic drugs; Arizona imitation drug laws, penalties and consequences.

“Molly” isn’t the new kid on the block. She’s been reigning terror on high school, college campuses, nightclubs, concerts, streets and the social scene for decades.  “Molly” is simply “Ecstasy” in disguise and more dangerous.  She can be deadly even in her purest form.  But with the age of new synthetic drugs and their combinations, she has become more lethal than ever before.

Recently, we learned of 11 people that required hospitalization at a Northwest college for an overdose of synthetic drug “Molly,” a more refined version of MDMA (3,4-methylenedioxy-methamphetamine).

So far there have been four arrests of other students on campus, for synthetic drug possession and intent to sell, by police as authorities attempt to find the source of the drugs in this incident.

The hospitalizations and medical incidents resulting from use of “Molly” were reportedly not first of their kind this year. Health officials reported last fall, a campus-wide email was sent to students alerting them that other students had recently been hospitalized as a result of synthetic drug use.

Article Overview

In this article we will discuss important topics related to imitation drugs; their dangers, drugs; state and federal efforts to ban synthetic drugs; trends; other injuries caused as a result of their use; and Arizona synthetic drug laws, penalties, and other consequences.

One such consequence is the need for criminal defense. A majority of this article has been dedicated to raising awareness, providing education and resources particularly with regard to the deadly health dangers of “Molly”, “bath salts”, imitation Marijuana and other synthetic drugs. In addition to the health dangers of synthetic drugs, is the high risk of criminal liability that exists as a result of using them. Continue reading →

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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.

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“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 a seller, age 54.  The parties arranged for a meeting to conduct the transaction.

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Heroin: Fighting the Epidemic and Clearing its Path of Destruction – Part 2 of 2

After a fatal drug overdose, moments count. Call #911 first. Get emergency treatment. If you are arrested, or Criminal Charges are brought, they can be defended by an experienced drug defense attorney. But you only get once chance to save a life.

Twenty-year-old Stephen Cardiges of Lawrenceville, GA was a week from celebrating his 21st birthday. He was an Eagle Scout, excited about his plans to join the US Navy after turning 21.  Stephan slipped into unconsciousness in the back of a Honda Civic, from a Heroin overdose, while his friends drove around town. His companions knew he was unconscious but didn’t want to call #911 or seeking help for him. Why? The reason was, they feared arrested for possession and use of Heroin. Perhaps they thought he would wake up on his own. Nonetheless, after a while, Stephen’s friends allegedly left Stephen there unconscious, in the back of the parked vehicle while they went their separate ways.

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Often people don’t seek emergency medical treatment for themselves or others following a potentially fatal overdose of heroin, for fear of arrest or prosecution. But the greatest threat is not criminal charges, its fatality.

Combating the Heroin Epidemic:  7 Heroin Facts; Statistics; Prevention and Treatment

According to the National Centers for Disease Control (CDC), overdoses of drugs in the USA have tripled during the last 25 years and are now the Number 1 cause of deaths. In 2010, they reported 38,329 overdose deaths in the U.S.A, and according to other reports, these numbers continue to rise in epidemic proportions. Accidental overdoses now exceed auto accident fatalities, in adults aged 25 to 64.

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“One out of every eight Americans or 40 million people in the USA has a Xanax or Alprazolam Prescription.   What you need to know before you get behind the wheel.”  

Recently the Arizona Department of Public Safety (DPS) issued a media release about a motorist in Maricopa County, being sentenced to 16 years in prison, as a result of a fatal DUI crash.  The accident killed a 13 year-old, and critically injuring four others in Phoenix AZ last year.  The driver was convicted of second degree murder, endangerment, aggravated assault and other serious criminal charges. The driver was found to be impaired, under the influence of a prescription drug, Alprazolam (Brand name Xanax).

Cause of the Driver’s Impairment in this DUI Case

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 “It’s not about giving up, or giving in. It’s about making sure the punishment fits the crime”.

Cases in Point

In April 2013, 46-year-old John Horner, a restaurant worker, and father of three children, was convicted of selling pain killers worth $1,800.00. He was sentenced to 25 years in prison due to the mandatory minimum sentencing for drug offenses. The question that begs answer is whether he deserved to be sentenced to life in prison.

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