| 13-3405 |
NARCOTIC NEWS
Drug Law in Arizona 13-3405
Drug Law in Arizona 13-3405
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Possession, use, production, sale or transportation of marijuana;
classification
classification
A. A person shall not knowingly:
1. Possess or use marijuana.
2. Possess marijuana for sale.
3. Produce marijuana.
4. Transport for sale, import into this state or offer to transport for sale or import
into this state, sell, transfer or offer to sell or transfer marijuana.
B. A person who violates:
1. Subsection A, paragraph 1 of this section involving an amount of marijuana
not possessed for sale having a weight of less than two pounds is guilty of a
class 6 felony.
2. Subsection A, paragraph 1 of this section involving an amount of marijuana
not possessed for sale having a weight of at least two pounds but less than
four pounds is guilty of a class 5 felony.
3. Subsection A, paragraph 1 of this section involving an amount of marijuana
not possessed for sale having a weight of four pounds or more is guilty of a
class 4 felony.
4. Subsection A, paragraph 2 of this section involving an amount of marijuana
having a weight of less than two pounds is guilty of a class 4 felony.
5. Subsection A, paragraph 2 of this section involving an amount of marijuana
having a weight of at least two pounds but not more than four pounds is guilty
of a class 3 felony.
6. Subsection A, paragraph 2 of this section involving an amount of marijuana
having a weight of more than four pounds is guilty of a class 2 felony.
7. Subsection A, paragraph 3 of this section involving an amount of marijuana
having a weight of less than two pounds is guilty of a class 5 felony.
8. Subsection A, paragraph 3 of this section involving an amount of marijuana
having a weight of at least two pounds but not more than four pounds is guilty
of a class 4 felony.
9. Subsection A, paragraph 3 of this section involving an amount of marijuana
having a weight of four pounds or more is guilty of a class 3 felony.
10. Subsection A, paragraph 4 of this section involving an amount of marijuana
having a weight of less than two pounds is guilty of a class 3 felony.
11. Subsection A, paragraph 4 of this section involving an amount of marijuana
having a weight of two pounds or more is guilty of a class 2 felony.
C. If the aggregate amount of marijuana involved in one offense or all of the
offenses that are consolidated for trial equals or exceeds the statutory
threshold amount, a person who is sentenced pursuant to subsection B,
paragraph 5, 6, 8, 9 or 11 of this section is not eligible for suspension of
sentence, probation, pardon or release from confinement on any basis until the
person has served the sentence imposed by the court, the person is eligible for
release pursuant to section 41-1604.07 or the sentence is commuted.
D. In addition to any other penalty prescribed by this title, the court shall order a
person who is convicted of a violation of any provision of this section to pay a
fine of not less than seven hundred fifty dollars or three times the value as
determined by the court of the marijuana involved in or giving rise to the charge,
whichever is greater, and not more than the maximum authorized by chapter 8
of this title. A judge shall not suspend any part or all of the imposition of any fine
required by this subsection.
E. A person who is convicted of a felony violation of any provision of this section
for which probation or release before the expiration of the sentence imposed by
the court is authorized is prohibited from using any marijuana, dangerous drug
or narcotic drug except as lawfully administered by a practitioner and as a
condition of any probation or release shall be required to submit to drug testing
administered under the supervision of the probation department of the county
or the state department of corrections as appropriate during the duration of the
term of probation or before the expiration of the sentence imposed.
F. If the aggregate amount of marijuana involved in one offense or all of the
offenses that are consolidated for trial is less than the statutory threshold
amount, a person who is sentenced pursuant to subsection B, paragraph 4, 7
or 10 and who is granted probation by the court shall be ordered by the court
that as a condition of probation the person perform not less than two hundred
forty hours of community restitution with an agency or organization providing
counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or
organization that provides medical treatment to persons who abuse controlled
substances, an agency or organization that serves persons who are victims of
crime or any other appropriate agency or organization.
G. If a person who is sentenced pursuant to subsection B, paragraph 1, 2 or 3
of this section is granted probation for a felony violation of this section, the court
shall order that as a condition of probation the person perform not less than
twenty-four hours of community restitution with an agency or organization
providing counseling, rehabilitation or treatment for alcohol or drug abuse, an
agency or organization that provides medical treatment to persons who abuse
controlled substances, an agency or organization that serves persons who are
victims of crimes or any other appropriate agency or organization.
H. If a person is granted probation for a misdemeanor violation of this section,
the court shall order as a condition of probation that the person attend eight
hours of instruction on the nature and harmful effects of narcotic drugs,
marijuana and other dangerous drugs on the human system, and on the laws
related to the control of these substances, or perform twenty-four hours of
community restitution.
1. Possess or use marijuana.
2. Possess marijuana for sale.
3. Produce marijuana.
4. Transport for sale, import into this state or offer to transport for sale or import
into this state, sell, transfer or offer to sell or transfer marijuana.
B. A person who violates:
1. Subsection A, paragraph 1 of this section involving an amount of marijuana
not possessed for sale having a weight of less than two pounds is guilty of a
class 6 felony.
2. Subsection A, paragraph 1 of this section involving an amount of marijuana
not possessed for sale having a weight of at least two pounds but less than
four pounds is guilty of a class 5 felony.
3. Subsection A, paragraph 1 of this section involving an amount of marijuana
not possessed for sale having a weight of four pounds or more is guilty of a
class 4 felony.
4. Subsection A, paragraph 2 of this section involving an amount of marijuana
having a weight of less than two pounds is guilty of a class 4 felony.
5. Subsection A, paragraph 2 of this section involving an amount of marijuana
having a weight of at least two pounds but not more than four pounds is guilty
of a class 3 felony.
6. Subsection A, paragraph 2 of this section involving an amount of marijuana
having a weight of more than four pounds is guilty of a class 2 felony.
7. Subsection A, paragraph 3 of this section involving an amount of marijuana
having a weight of less than two pounds is guilty of a class 5 felony.
8. Subsection A, paragraph 3 of this section involving an amount of marijuana
having a weight of at least two pounds but not more than four pounds is guilty
of a class 4 felony.
9. Subsection A, paragraph 3 of this section involving an amount of marijuana
having a weight of four pounds or more is guilty of a class 3 felony.
10. Subsection A, paragraph 4 of this section involving an amount of marijuana
having a weight of less than two pounds is guilty of a class 3 felony.
11. Subsection A, paragraph 4 of this section involving an amount of marijuana
having a weight of two pounds or more is guilty of a class 2 felony.
C. If the aggregate amount of marijuana involved in one offense or all of the
offenses that are consolidated for trial equals or exceeds the statutory
threshold amount, a person who is sentenced pursuant to subsection B,
paragraph 5, 6, 8, 9 or 11 of this section is not eligible for suspension of
sentence, probation, pardon or release from confinement on any basis until the
person has served the sentence imposed by the court, the person is eligible for
release pursuant to section 41-1604.07 or the sentence is commuted.
D. In addition to any other penalty prescribed by this title, the court shall order a
person who is convicted of a violation of any provision of this section to pay a
fine of not less than seven hundred fifty dollars or three times the value as
determined by the court of the marijuana involved in or giving rise to the charge,
whichever is greater, and not more than the maximum authorized by chapter 8
of this title. A judge shall not suspend any part or all of the imposition of any fine
required by this subsection.
E. A person who is convicted of a felony violation of any provision of this section
for which probation or release before the expiration of the sentence imposed by
the court is authorized is prohibited from using any marijuana, dangerous drug
or narcotic drug except as lawfully administered by a practitioner and as a
condition of any probation or release shall be required to submit to drug testing
administered under the supervision of the probation department of the county
or the state department of corrections as appropriate during the duration of the
term of probation or before the expiration of the sentence imposed.
F. If the aggregate amount of marijuana involved in one offense or all of the
offenses that are consolidated for trial is less than the statutory threshold
amount, a person who is sentenced pursuant to subsection B, paragraph 4, 7
or 10 and who is granted probation by the court shall be ordered by the court
that as a condition of probation the person perform not less than two hundred
forty hours of community restitution with an agency or organization providing
counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or
organization that provides medical treatment to persons who abuse controlled
substances, an agency or organization that serves persons who are victims of
crime or any other appropriate agency or organization.
G. If a person who is sentenced pursuant to subsection B, paragraph 1, 2 or 3
of this section is granted probation for a felony violation of this section, the court
shall order that as a condition of probation the person perform not less than
twenty-four hours of community restitution with an agency or organization
providing counseling, rehabilitation or treatment for alcohol or drug abuse, an
agency or organization that provides medical treatment to persons who abuse
controlled substances, an agency or organization that serves persons who are
victims of crimes or any other appropriate agency or organization.
H. If a person is granted probation for a misdemeanor violation of this section,
the court shall order as a condition of probation that the person attend eight
hours of instruction on the nature and harmful effects of narcotic drugs,
marijuana and other dangerous drugs on the human system, and on the laws
related to the control of these substances, or perform twenty-four hours of
community restitution.