Articles Posted in Marijuana Offenses

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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 stores as well as entities involved in growing, manufacturing, distributing, and testing marijuana products. The governor would appoint the director as well as the seven members of the Marijuana Commission—four of whom would have no financial stake in a marijuana establishment and three with a “controlling” interest in a marijuana establishment.

Cannabis would only be sold at shops licensed by the state, and the number of licensed marijuana retail stores would be capped at 10 percent of the number of Series 9 liquor store licenses. Localities would have the power to impose limits on where and when marijuana businesses are allowed to operate. People could also give marijuana to other people, provided that the amount involved is not more than one ounce, there is no money exchanged, and the gift is not publicly advertised.

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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 the legality of the “plain smell doctrine”—the proposition that the smell of cannabis alone provides probable cause, the Arizona Supreme Court agreed to review of one of the cases.

The alleged offenders in both cases argued that the odor of marijuana no longer suffices to establish probable cause after the implementation of the Arizona Medical Marijuana Act (AMMA) in 2010. “We granted review because whether AMMA affects the determination of probable cause based on the odor of marijuana is a recurring issue of statewide importance,” the Arizona Supreme Court wrote in its decision in State Of Arizona v. Ronald James Sisco II, No. CR-15-0265-PR.

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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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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 Tuesday in the case of Darrah v. Hon. McClennen/City of Mesa, that Arizona Medical Marijuana Act does not protect users from prosecution if there is an active marijuana metabolite or chemical compound in the body when the users get behind the wheel.

Arizona voters approved medical marijuana November 2010. The state law allows people with doctor approval to apply for a medical marijuana card. Patients must have at least one qualifying condition, such as cancer or glaucoma, to legally receive the substance.

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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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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 case involved a “reverse-sting” operation where law enforcement officials went undercover and acted as dealers to sell illegal drugs, rather than buying them.  The defendants met with undercover detectives who agreed to sell a large quantity of Marijuana to the defendants. The defendants and undercover detectives completed most of all transactions of the sale. However, the defendants were arrested before they could leave with the drugs. Given this was a reverse-sting operation detectives did not allow the defendants to actually take and leave with the Marijuana. Multiple charges were handed down in the arrests, including Marijuana Possession charges.

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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 259,213 signatures which need to be submitted before July 3, 2014, in order to be put on the November 2014 ballot in Arizona.

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“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 in the United States. Of those, 87% of those were for Marijuana possession. Over half of all illegal drug arrests made, were for possession of Marijuana.

Arizona is one of several states that legalized Medical Marijuana, but has been prohibited from implementing the Medical Marijuana laws, due Federal prohibition and prosecution.

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