State and federal laws prohibit marijuana distribution, with an exception provided for medical marijuana. Marijuana is regulated as a Schedule I controlled substance in Arizona. If you are facing marijuana distribution charges, you should retain a marijuana crime attorney. James Novak is an experienced Tempe marijuana distribution lawyer and former prosecutor who represents defendants throughout the Phoenix area.Fighting Marijuana Distribution Charges
The penalties for marijuana possession are harsher if it was possessed with the intent to sell or traffic in marijuana. If you are caught with less than two pounds of marijuana with the intent to sell in Arizona, you may be charged with a class 4 felony, which may be punished with a term of imprisonment ranging from one to 3.75 years. The presumptive term is 2.5 years. Being convicted of a prior felony, using a minor to commit the drug offense, or possessing with intent to sell in a school zone all may lead to getting a higher sentence. Selling less than two pounds of marijuana, rather than simply possessing with intent to sell, is also a class 4 felony.
Additionally, you may face fines or a fine to exhaust the proceeds of the drug offense, and if you receive probation, you will need to serve 240 hours of community service. The fine for a first offense is at least $1,000, and for a second or subsequent offense, it is at least $2,000.
Possessing 2-4 pounds of marijuana for sale is a class 3 felony, which may be punished with imprisonment of two to 8.75 years, with a presumptive term of 3.5 years. Selling between two and four pounds of marijuana is a class 3 felony.
Trafficking is another marijuana distribution crime. Bringing under two pounds of marijuana into Arizona is a class 3 felony, while bringing in two or more pounds is a class 2 felony.
You should not assume that a conviction is inevitable. A marijuana distribution lawyer can help Tempe residents and others evaluate whether the rules related to the Fourth Amendment's prohibition against unreasonable searches and seizures may have been violated, as well as whether any other constitutional or procedural rights may have been violated. Usually, the police need to have probable cause to obtain a warrant to search your home, and evidence that is obtained illegally—without probable cause or without a warrant—may not be used to prove your guilt.
If the drugs that you planned to sell or were selling were found in your car, the Fourth Amendment analysis may be more complex. For example, if the police pull you over for a traffic violation and see the marijuana that you intended to sell, the police might be able to use this evidence under the plain view doctrine. The test for the plain view doctrine is whether the police were lawfully present, the police had a lawful right of access to the object, and the incriminating nature of what they saw was apparent.Discuss Your Situation with a Marijuana Distribution Lawyer in Tempe
Our firm can evaluate an appropriate defense strategy and employ it to try to get your charges reduced or dismissed. The prosecution's case must be proved beyond a reasonable doubt, which is a high standard to meet. Contact Tempe marijuana distribution attorney James Novak at (480) 413-1499 or via our online form to set up a free consultation. He represents people who need a drug defense lawyer throughout the Phoenix area, including in Mesa, Chandler, Gilbert, Scottsdale, and other areas of Maricopa County.