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Border Patrol agents say they have seized 66 pounds of marijuana and arrested two Mexican nationals in connection with the haul. The men were allegedly discovered walking in the desert with backpacks filled with pot. The marijuana is valued at $33,000.
Possession, use, possession for sale, production, sale and transportation of marijuana are crimes under A.R.S. 13-3405. The level of the offense is determined generally by the amount of the substance involved and the particular conduct charged with respect to it. For example, possession or use, without more, is treated less harshly than possession for sale of marijuana. Similarly, the offenses are generally graded according to whether the amount is less than two pounds, two pounds or more but less than four pounds, or four pounds or more. The important thing to recognize is that possession of even a small amount of marijuana is a felony in Arizona.
In the case of the individuals detained by the Border Patrol, they could be charged with any of the following offenses:
- Possession of four pounds or more – Class 4 felony.
- Possession for sale of four pounds or more – Class 2 felony.
- Transport for sale of two pounds or more – Class 2 felony.
If you are facing a marijuana charge, there may be defenses available in your particular case. They include illegal search and seizure issues, an invalid warrant, possession issues, entrapment, and others. Remember also that if you meet the requirements under the Arizona Medical Marijuana Act, your possession of marijuana is not illegal.
Moreover, there are possible alternatives to prison. They include probation, the Treatment Assessment Screening Center (TASC) diversionary program, as well as drug court. Each of these options has requirements that involve, among other things, your past criminal history.
A marijuana charge is a serious offense that can lead to devastating consequences. If you have been arrested for possession or any other crime involving marijuana, contact an experienced Phoenix marijuana lawyer to protect your interests.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004