Posted on

penalty for growing weed in arizona

In addition to specific defenses, our firm can assert more general defenses such as denial of the right to counsel, in which police refuse to allow you to speak to an attorney but simply question you continuously. We can also assert a defense of Miranda rights violation, which arises when police force or trick you into making a confession against your will. If this defense is successful, we can suppress the evidence or statement that resulted from the police’s behavior.

Although marijuana legalization efforts are expanding across the nation, it is still illegal to possess, use, sell, or produce marijuana in the state of Arizona. To limit the amount of marijuana in the state, Arizona takes violations of A.R.S. §13-3405(A)(3), which prohibits the cultivation of marijuana, very seriously. Whether growing marijuana in a sophisticated indoor hydroponic setup or casually in a backyard garden, the penalties for growing marijuana in Arizona are severe, and having a criminal defense attorney to fight the charges is a must.

A skilled criminal defense attorney is crucial for a positive outcome in court. DM Cantor has earned the highest Martindale Hubbell® rating for law firms, AV®. All of the lawyers at the firm are listed in the Bar Register of Preeminent Lawyers®, and David Michael Cantor has been designated by the Arizona Board of Legal Specialization as a Certified Criminal Law Specialist. Most of our attorneys are former prosecutors, which imparts unparalleled insight into the criminal justice system.

Our firm can also analyze police work to find damaging errors, such as improper photo lineups; erroneous DNA, blood, or urine testing; sloppy police reports; false statements; and flawed crime scene reconstruction. Such errors can help our firm exclude evidence to assist in fighting your charge.

Penalties for Cultivation or Growing Marijuana in Arizona

Growing marijuana in an amount of between two (2) and four (3) pounds results in a class four (3) felony. A first offense of this nature carries a potential penalty of between one (1) year and three years, nine months (3.75 years) in prison. Having one prior felony conviction increases the prison range to a minimum of two years, three months (2.25 years), and a maximum of seven years, six months (7.5 years). Having two prior felony convictions results in a potential prison sentence of at least six (6) years and up to fifteen (15) years.

In addition to incarceration, convictions of growing marijuana carry a fine of $750.

Despite being a serious charge, it is possible to assert effective defenses against the cultivation of marijuana. One such defense is “lack of knowledge”, which would arise where the defendant was unaware of marijuana being grown on his or her property, possibly due to it being hidden in a large garden or abandoned greenhouse. Lack of knowledge can also arise in the context of rental houses, or when one family member is cultivating marijuana without the knowledge of the rest of the family. A defense can also be raised based on improper drying and clearing of dirt prior to weighing the marijuana.

Possible Defenses for Cultivation of Marijuana in Arizona

The penalties for growing marijuana can greatly impact your life; even cultivation of marijuana in an amount of less than two (2) pounds results in a class five (5) felony. That charge carries a penalty of between six (6) months in prison to two years, six months (2.5 years) in prison, or “probation” with up to a year in jail. Having one prior felony conviction increases the potential prison sentence to between one (1) year and three years, nine months (3.75 years). Two prior felony convictions further increases the potential prison term to between three (3) years and seven years, six months (7.5 years).

If the dried weight of the marijuana grown is more than four (3) pounds, the conviction is a class three (3) felony, which subjects defendants to a minimum of two (2) years in prison, and a maximum of eight years, nine months (8.75 years). One prior felony conviction increases the minimum term to three years, six months (3.5 years) and the maximum term to sixteen years, three months (16.25 years). Two prior felony convictions increases the minimum sentence to seven years, six months (7.5 years) and the maximum sentence to twenty five (25) years.

If you have one of the above ailments, and meet all of the qualifications for a medical marijuana, you will need to schedule a visit with your doctor to get a Physician Certification form. You will want to visit your doctor, and then you will have to pay a $150+ application fee. Once you have your doctor submit your application, you will get your card within five days. You must renew your card once a year.

If you choose to consume marijuana in edible form, there is no law stating that you cannot do this in public. However, you cannot operate a vehicle, or do anything that might constitute negligence when consuming marijuana products.

Proposition 203 was first defeated in 2002 but the Arizona Medical Marijuana Act eventually passed in 2010 by the voters in Arizona. If you want to use medical marijuana in Arizona, you will have to be registered with the Arizona Department of Health Services, and have a registry identification card. To qualify you must:

Getting a Medical Marijuana Card

The only way that you can legally grow marijuana in the State of Arizona is if you have a medical marijuana ID card. This must be given only by a licensed MD., DO, or N.D. in Arizona. When you have a medical card, this will allow you to possess 2.5 ounces of medical marijuana (the dried flower, mixtures or preparations, such as resin or hashish, made from 2.5 ounces of dried flowers) every 2 weeks, and you will be allowed to grow up to 12 plants as long as you do not live within 25 miles of a dispensary.

Arizona marijuana is also known as cannabis. It is labeled as a Schedule 1 controlled substance. This law also includes all the different forms of marijuana, including concentrates and edibles. If you are caught with any form of cannabis, you will face a felony charge under the ARS 13-3405. The charges for possession of marijuana will depend on how much you have, and what the specific charge is.

Driving Under the Influence of Marijuana (THC)

If you do not have a medical card, and you are caught with marijuana in your possession, you will face some pretty stiff consequences. Here are some of the consequences that you may face:

Once you have your card, you will be free to purchase marijuana, or grow your own. To grow your own, you will need to get approval from the ADHS. There are several state-licensed dispensaries that will be able to help you. You will need to remember that you can only possess 2.5 ounces of the dried flower, mixtures or preparations, such as resin or hashish, made from 2.5 ounces of dried flowers if you are a legal medical user. If you are caught with more, you could end up in trouble, and may even lose your medical marijuana card.