por Zayed Al-Sayyed

Is Marijuana Still a Felony in Arizona?

Marijuana possession is one of the most common drug charges seen around the country. In 2019 alone, over half a million people were arrested for possession of marijuana. Drug charges are serious offenses that can result in penalties like probation, hefty fines, and even prison time.

Over the past several years, the laws surrounding marijuana have been changing at a rapid pace in the United States. Historically, it was widely known that the possession and use of marijuana were illegal no matter which state you were in. As marijuana laws can now differ immensely depending on the state, it’s important to do your research.

Marijuana Possession Laws in Arizona

When Section 13-3405 of the Arizona statutes was put into effect, it stated that no individual could knowingly use or possess the drug. This was the case for anybody, with the exception of those who were legally prescribed marijuana for medical conditions, as per the Arizona Medical Marijuana Act.

However, as of November 2020, the Smart and Safe Arizona Act (Proposition 207) was passed and legalized the possession and use of recreational marijuana for adults aged 21 and older in the amount of no more than one ounce. This was a huge step for Arizona, as the state has been working towards the legalization of marijuana for years.

It’s important to note that, while the possession and use of marijuana in small amounts is now legal in Arizona, it is still illegal for both drivers and passengers to consume marijuana in any type of vehicle.

Punishment for Marijuana Possession in Arizona

While the Smart and Safe Arizona Act allows for the possession and use of marijuana by adults, there are stipulations that must be strictly adhered to avoid facing penalties. Under the new legislation, the following actions are still illegal and can result in serious criminal charges:

• Operating a vehicle under the influence of marijuana
• Possessing or using marijuana under the age of 21
• Smoking recreational marijuana in a public place
• Selling marijuana, unless you are a licensed vendor

While the marijuana laws have undergone major changes, it’s still possible to face serious punishment for marijuana possession in Arizona. By becoming more knowledgeable on the laws in your state, you can work to avoid facing drug possession charges and having to deal with a stressful legal process.

Top Arizona Drug Defense Attorneys

Our award-winning team at The Law Office of Zayed Al-Sayyed has ample experience defending clients in drug cases. Our aggressive-compassionate approach has a proven track record of providing our clients with the best possible outcomes. The key difference between our practice and many other Phoenix law firms is that we truly care about the wellbeing of each individual client we work with.

Criminal drug convictions can permanently alter your life. The sooner you contact a licensed attorney, the better able you will be to protect yourself. If you or a loved one are facing drug possession charges in Arizona, contact us today for a free consultation with one of the top drug defense attorneys in Phoenix.

por Zayed Al-Sayyed

What You Need to Know about Driving Under Influence (DUI) in Arizona

What does DUI mean?

Driving under the influence (DUI) is an offense committed when a person drives or is in actual physical control of a vehicle while he/she is under the influence of intoxicating liquor, a vapor releasing substance, or any other drugs. Law enforcement officers can ask you to submit to a Blood or Breath test if they have a reasonable basis for believing that you are driving or are in control of a vehicle while under the influence of alcohol or any other drug. Where the test shows a blood or breath alcohol concentration (BAC) of 0.08 or more, you are presumed to be under the influence of alcohol and can face a number of penalties.

DUI Penalties

DUI penalties include administrative and criminal penalties that vary depending on the facts of the cases, including:

• BAC results;
• The number of convictions one has previously had; and
• The ages of the people in the vehicle.

Standard DUI

First Offense

The penalties for first-time offenders whose alcohol content is 0.08 or more but less than 0.15 include:

• A minimum jail term of not less than 10 days;
• Fines of at least $250;
• License suspension between 90 days to 1 year;
• An interlock ignition device on the vehicle may be required.

Second offense

The penalties for second-time offenders whose alcohol content is 0.08 or more but less than 0.15 include:

• A minimum jail term of not less than 90 days;
• Fines of at least $500;
• License revocation for one year;
• Ignition interlock device on the vehicle

Extreme DUI

Extreme DUI penalties apply to offenders whose alcohol content is 0.15 or more but less than .20.

First Offense

• A minimum jail term of not less than 30 days;
• Fines of at least $250;
• License suspension between 90 days to 1 year;
• Ignition interlock device on the vehicle.

Second Offense

• A minimum jail term of not less than 120 days;
• Fines of at least $500;
• License revocation for 1 year;
• Ignition interlock device on the vehicle.

Supreme Extreme DUI

Extreme DUI penalties apply to offenders whose alcohol content is more than .20.

First Offense

• A minimum jail term of not less than 45 days;
• Fines of at least $500;
• License suspension between 90 days to 1 year;
• Ignition interlock device on the vehicle.

Second Offense

• A minimum jail term of not less than 180 days;
• Fines of at least $1,000;
• License revocation for 1 year;
• Ignition interlock device on the vehicle

Aggravated DUI – Felony 

A DUI becomes an Aggravated DUI when the alcohol content is .08 or more and one of the following occurs:

• The DUI is committed while the persons driver license or privilege to drive is suspended, cancelled, revoked, or refused;
• The DUI is the persons third DUI within an 84 month (7 year) period;
• The DUI is committed and a person under 15 years of age is in the vehicle;
• The DUI is committed while the person is ordered to equip the vehicle with an ignition interlock;
• The DUI is committed while the person drives the wrong way on a highway.

An Aggravated DUI in Arizona is a class 4 felony that is punishable by 1-3.75 years in prison. Probation is available for a person that is convicted of an Aggravated DUI in Arizona. Probation can be up to four years and requires a 4 month term in prison as a condition of probation.

Conclusion

Driving while intoxicated may have adverse impacts on your family and loved ones and may equally lead to the loss of your finances and jobs. If you are battling with DUI charges, then you will need help from someone who not only comprehends Arizona DUI laws but is also experienced and aggressive and can reach a positive conclusion while fighting for your situation.