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I am facing attempted possession of marijuana/paraphernalia charges in Arizona, what is the punishment that i can expect?

Quartzsite, AZ |
Filed under: Criminal defense

I'm a California resident (medical Marijuana patient) who was caught with the remnants of marijuana and a cigarette roller in my car, charged for attempted possession of both, and released. My question is what punishment can I expect for my momentary lapse in judgement?

Attorney Answers 2


Arizona has a law which is colloquially referred to as "Prop 200." Prop 200 cases- such as simple possession of small quantitites and paraphernalia, like yours- are automatically put into diversion programs. You'll generally have to test clean for a period of time and then the case would be dismissed.

However, in a case like yours where you may not be able to test clean, you'll probably be given the option of having the case pled down to a class one misdemeanor. Prop 200 does not allow jail time for first offenders unless they drastically go downhill after they take a plea.

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Assuming this was a canine search at the border stop, you have several issues that can be addressed. I have had much success in dealing with the prosecutors and courts regarding your situation. Assuming you have no priors, it is likely they issued a citation for the noted offense. That citation means you have been charged with a misdemeanor. The maximum punishment is 6 months of jail and a fine of $2500 plus surcharges. That county does not offer a diversion program. If charged as a misdemeanor, in most cases, counsel can handle the matter without you needing to return to the court personally. Please feel free to give a call to discuss your case.

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