Request a Free Consultation

En Español

Call or Text for a Free Consultation: 480-280-8028


Request a Free Consultation

Law Offices of David A. Black logo

En Español

Phoenix Marijuana Defense Attorney

Marijuana charges are no laughing matter!

Proposition 207 and Possession, Use and Sale of Marijuana in Arizona

Even with the passage of Prop 207, which legalized possession and use of marijuana in specific circumstances, you can still be charged with illegal use, possession, and sale of marijuana. Given the fact that marijuana use is very common, drug charges involving marijuana are not at all unusual in the State of Arizona.  And some offenses involving marijuana can still lead to a Class 2 felony charge, with the potential for years of jail time.  At the Law Offices of David A. Black, we defend people charged with drug offenses, including those involving marijuana. This includes possession, sale, as well as other marijuana offenses.

What Prop 207 changed were the laws involving use, possession, transfer, and production of small amounts of marijuana. Specifically, the new law legalizes:

  • Recreational use of marijuana for those who are 21 years of age or older.
  • Adult possession of up to 1 ounce of marijuana (up to 5 grams of concentrate); 2.5 ounces with a medical marijuana card;
  • Possession/growing of up to 6 marijuana plants at home (up to 12 plants if 2 adults live at home, or if you have a medical marijuana card);
  • Giving (not selling) marijuana or cannabis plants to another adult.
  • Possession of marijuana paraphernalia (pipes, growing equipment, etc.).

What Are the Possible Charges Involving Marijuana after the passage of Prop 207?

Under Arizona law, it is unlawful to knowingly

  • possess marijuana as a minor or in an amount in excess of that allowed under Prop 207;
  • possess marijuana with intent to sell;
  • Use marijuana in public;
  • produce/cultivate marijuana in excess of the amounts allowed under Prop 207; or
  • sell (or offer to sell) marijuana or transport marijuana for sale.

Innocent Until Proven Guilty

The fact that you have been charged with a felony or misdemeanor involving marijuana does not spell doom.  Remember that the government must prove each and every element of the offense beyond a reasonable doubt and that the tides are turning, especially in Maricopa County, with how elected officials view marijuana offenses.  All the charges are further subject to numerous possible defenses.  And even when it looks as if all may be lost, having an attorney on your side who can negotiate a favorable plea bargain can make a huge difference in the outcome.

Experienced Marijuana Defense Lawyer

Obviously, there are plenty of lawyers to choose from.  But when your freedom, financial security and entire way of life are at stake as a result of a marijuana charge, you need an attorney who is experienced in marijuana defense cases – an attorney who spends the bulk of his time representing defendants charged with criminal offenses, including marijuana and other drug crimes.

At the Law Offices of David A. Black, that is what we do.  Our practice is devoted almost exclusively to the defense of clients charged with crimes.  We have represented numerous clients facing marijuana and other drug-related charges; we have successfully defended clients based upon illegal searches and seizures, among other defenses.  We know the drug laws, and we are dedicated to providing our clients with the best defense available.

Experience within this area of the law is only part of the picture.  As an active criminal defense attorney and former Maricopa County prosecutor, Mr. Black knows the staff of prosecutors in the Phoenix area and has appeared before the judges there.  His background as a prosecutor also gives him a unique insight into the investigative process and the preparation of the prosecution’s case.  With these tools, his clients have the advantage of a strong defense even in the face of what may appear to be almost unlimited government resources.

If you have been charged with an offense involving marijuana, call Mr. Black at (480) 280-8028.  He will be happy to discuss your case and provide a strategy for handling your case in a language you, and your family, will understand.