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Interviewer: Let’s start off with the drug-related terms possession versus the intent to distribute or sell. What’s the difference?
AZ Criminal Law Team Lawyer: You can be charged with intent to sell even if the drugs in your possession were for your personal use. The quantity of the drugs and other circumstantial evidence can lead to this outcome. The police often overcharge intent to sell when a simple possession offense is all that the facts will support. Per A.R.S §13-3407(A)(2) and A.R.S §13-3407(A)(7) it is unlawful to knowingly possess a dangerous drug for sale, or to transport a dangerous drug for sale. The statute however does not define what qualifies as “possession for sale” nor does it define what “transportation for sale” is. Usually, if the amount of drugs that the defendant was found with meets the threshold amount, it is assumed that the defendant had the drugs in order to sell them.
Interviewer: Let’s talk about the medical marijuana law. What can you tell me about that?
AZ Criminal Law Team Lawyer: The 2010 Arizona Medical Marijuana Act allows those with a doctor’s recommendations to get cards from the state allowing them to legally obtain and possess up to 2 1/2 ounces of marijuana every two weeks.
Even with a Medical Marijuana Card, Will an Individual Face Criminal Charges for Possession of Marijuana?
Interviewer: Even with a Medical Marijuana Card, Will an Individual Face Criminal Charges for Possession of Marijuana?
AZ Criminal Law Team Lawyer: Always carry less than 2.5 ounces of marijuana with you at all times and you can’t be arrested for drug possession if you have a valid medical marijuana card. Always have your card on hand as well as proof that you are a medical marijuana patient.