Arizona Marijuana Defense

Marijuana law is a tricky subject at this point in time due to the limited and varying legality from state to state; not to mention its illegality at the federal level. While policy changes make for interesting conversation, if you have been charged with a marijuana offense, the stakes are personal. Understanding your charges and your options can be particularly complicated. You can't wait for a new law to pass when you need immediate help.

Marijuana Laws in Arizona

Although many states have legalized the recreational use of marijuana, or decriminalized the possession of small amounts, Arizona voters declined Prop 205 in 2016. As such, only medical marijuana card holders are authorized to possess, use and (in some situations) grow marijuana.

If you have been charged for non-medical marijuana use, possession or for the intent to sell - or you have been charged with exceeding the limits of possession of medical marijuana, you'll want to speak with an experienced marijuana defense attorney. Here at Nava Law, we can provide expert legal counsel in regards to your marijuana-related charges.

Federal versus State Marijuana Law

When federal laws prohibit what state laws permit, which law applies? In 2016, Judge Donn Kessler ruled that local officials have no basis to assume federal law overrules state law. He wrote,

“Arizona, like all other states, has the power to decriminalize certain acts and exempt certain actors for purposes of state law... The Arizona Medical Marijuana Act does not otherwise purport to shield anyone or any act from federal prosecution.”

Our job is to convince prosecutors to drop charges, or to convince judges to rule in your favor. Marijuana law may be complicated, but we understand the law and know how to use it to your advantage.

Marijuana Penalties in Arizona

Being charged with a marijuana-related crime can be more serious than you might think. The Arizona state penalties for marijuana-related charges can be extremely severe, and almost all marijuana-related charges are felony charges. Felonies carry more severe penalties than misdemeanors, and may affect your ability to secure employment, loans and housing. Sentencing might include heavy fines, prison time, probation or substance abuse rehabilitation.

In fact, the only marijuana-related charges that are not felonies are marijuana DUIs. Depending on the situation, a marijuana DUI can be a felony or a misdemeanor charge.

The law is a little more lenient when it comes to the possession of medical marijuana exceeding the allowed limit, although the intent to sell medical marijuana without a license is a felony and can result in anywhere from five years to life depending on the amount sold.

Regardless of the charges you face, the complicated laws and the potentially severe consequences make it essential to hire an attentive attorney fully committed to your case.

WHY CHOOSE NAVA LAW?

  • Treats you like an individual, not a case.
  • Knows criminal law inside and out.
  • Will provide you aggressive representation.
  • Makes sure you understand your rights.
  • Will do anything in their power to dismiss or reduce your case.

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PROVEN CASE RESULTS:
DUIDUI DrugsAggravated AssaultTheftResist ArrestDomestic ViolenceMurder
Actuation:
Second in time DUI
Arizona desert outside phoenix, Sonoran Desert
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Actuation:
DUI Drugs (Marijuana)
Case Result:
Case Dismissed

A black man was pulled over by Salt River Police Department while visiting from out of town. Despite showing no signs of impairment, the officers arrested him and charged him with DUI Drugs. We investigated the case heavily and interviewed every officer involved. Ultimately, a motion to suppress was filed and granted after an evidentiary hearing before a Judge.

Actuation:
Aggravated Assault with a Deadly Weapon
Case Result:
Reduced to a misdemeanor

Short Description: A man was charged with attacking a family with a knife. After reviewing the evidence, it was determined that the instrument used was not a knife at all. The Grand Jury had been misled, so we filed a motion challenging the grand jury presentation. The prosecutor, confronted with the truth, agreed to reduce the charge to a misdemeanor with no jail time.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Actuation:
Theft of Means of Transportation
Case Result:
Not Guilty after jury trial

A man was out on a walk and was stopped by police because he was in the area of an attempted vehicle theft. The man maintained his innocence, but the owner of the truck identified him as the man he saw attempt to steal it. We worked tirelessly to prepare a defense and get the prosecution to see reason. The State wouldn’t budge, so the case went to trial. After a 4 day trial, the jury took approximately 10 minutes to return a Not Guilty verdict.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Actuation:
Resist Arrest
Case Result:
Dismissed

A client was charged with resist arrest after being targeted by police during the protests of Summer 2020. Our firm developed a strategy with activists and members of the media that led to a dismissal of out client’s case and, eventually, all cases connected to the political prosecution of the protesters. (Maybe link to some of the cases?)

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Actuation:
Assault & Disorderly Conduct – Domestic Violence
Case Result:
Dismissal after Diversion

A woman and her boyfriend were arguing over the cleaning of their apartment. The police were called after things escalated and the woman was arrested. The Mesa City Prosecutors originally wanted the woman to do jail time. After working the case and providing background information, we were able to get the prosecutor to allow the woman to complete classes in exchange for a dismissal.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

We have experience managing violent cases that fall under the categories of murder and manslaughter. Out of respect for all Nava Law Firm clients that fall under this case type, we are not providing any information on our website. If you or a loved one have been charged with one of these serious charges, do not speak to police officers and please contact our firm immediately to get a free consultation.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.