Possession in Arizona can be actual or constructive. Depending on the type involved in your case, you could have several defense to your drug charges. Actual Possession Generally, this means the controlled substance is somewhere on your person, like in your pocket. These cases offer fewer defenses. So, it is important you seek the help of aggressive […]
Marijuana
Medical Marijuana
Under the Arizona Medical Marijuana Act (AMMA), qualified patients, registered with the Arizona Department of Health Services, may use and possess a limited amount of marijuana. To qualify, you must be diagnosed and certified by a doctor and issued a Registry ID Card. Limitations of Medical Marijuana Even if you are a qualified patient, there are […]
Marijuana Possession
Under Arizona law, Marijuana Possession is a class 6 felony. While many states have legalized marijuana, Arizona still aggressively prosecutes. Common Punishments Possession of Marijuana charges usually results in probation. But, if this is your first criminal offense, you may be eligible for the TASC Diversion Program. However, if you have several prior felony convictions, you could be facing […]
Medical Marijuana Defense for DUI
The Arizona Medical Marijuana Act (AMMA) allows certain patients to use and possess marijuana. So, Medical Marijuana Defense can help defeat some Marijuana DUI charges. Medical Marijuana Defenses to Impairment Charge Medical Marijuana is not an affirmative defense for the impairment charge. However, you may still argue impairment to the jury. Medical Marijuana Defenses to Illegal […]
What is an Active Metabolite?
Arizona law prohibits driving with an active metabolite of marijuana in your system. Active Metabolite in Marijuana Marijuana’s active and impairing ingredient is THC. So, it is illegal to drive in Arizona with THC in your system. Similarly, when your body metabolizes THC, it turns into 11-Hydroxy-THC. Hydroxy- THC is also impairing. So, it is […]
Marijuana DUI
Arizona law prohibits both driving while impaired to the slightest degree by any drug, including marijuana. It also prohibits entirely, regardless of impairment, driving with the active metabolite of any illegal drug in your system. Impairment to the Slightest Degree Impairment to the Slightest Degree makes it illegal to drive a vehicle while impaired to the […]