Possession of Marijuana in Arizona as well as possible unfair paraphernelia charge..

[adrianaburke]

What is the name of your state? Arizona.

I was in the backseat of a car with 4 of my girlfriends. The driver decided to light up HER bowl with HER marijuana in it without me or the other girl in the backseat even knowing it and then she passed it back.. as soon as she did that a police officer on a bike rolled up and shined the flashlight in the car as the pipe was in my hand. The two other girls in the car were drinking a beer, the driver did not have anything to drink. The officer made us get out of the car and breathalized us. I blew a .05. The officer only searched my purse which contained under a gram of marijuana that was being saved for later that night in the privacy of my home. I feel like this is completely unfair, the pipe wasn't mine nor was the marijuana that was in the pipe yet I know that it was my responsibility since the pipe was in my hand. My friend did not own up to her pipe. The officers didn't even ask who's pipe it was. One of the officers asked the driver where the rest of the marijuana was and she said it was all in the pipe. After that statement is when another one of the officers went through my purse, and my purse only. The driver was not charged with anything, not even having open alcohol in the car. I was charged with under 21 with alcohol in system, possession of ficticious ID, possession of marijuana, and drug paraphornilia. Someone please tell me how this is fair. If anyone as any advice please let me know, it would be greatly appreciated. Also, do you know what penalties I could be facing in Arizona? Thank you...

 

[altTab]

I feel like this is completely unfair, the pipe wasn't mine nor was the marijuana that was in the pipe yet I know that it was my responsibility since the pipe was in my hand.

It doesn't matter that it didn't belong to you, you were in possession of it.

My friend did not own up to her pipe.

It would not have helped you if your friend had told the officer the pipe was hers. If anything, it would have only made the officer more inclined to arrest her.

The officers didn't even ask who's pipe it was.

It doesn't matter whose pipe it was. The officer already could have arrested everyone in the car.

The driver was not charged with anything, not even having open alcohol in the car. I was charged with under 21 with alcohol in system, possession of ficticious ID, possession of marijuana, and drug paraphornilia. Someone please tell me how this is fair.

You were guilty of the crimes you have been charged with. The police have some discretion in making arrests. Why does it upset you that your friends were not arrested?

If anyone as any advice please let me know, it would be greatly appreciated.

Get a lawyer.

Also, do you know what penalties I could be facing in Arizona? Thank you...

This is dependent on many factors and is difficult to predict.

 

[Beanie711]

I have a very easy solution for you:

If you don't like getting charged for things like possession... then don't possess it!!! Your friend didn't hold a gun to your head and tell you to take the pipe, did she? And she didn't plant the pot that was in your purse, did she? I'm guessing the answer to both those questions are "no."

I don't agree that your other friends should have been left off the hook, but you can't blame them for what you did. Deal with it.

 

[The Occultist]

You're in luck! The state of Arizona is very lenient on first-time offenders of non-violent crimes. As long as you don't have previous charges/convictions against you, you should have no problem receiving Deferred Prosecution.

At your first trial date, the judge will ask how you plead. Instead of pleading guilty or not guilty, if the judge hasn't offered this option, request a pretrial conference. You will be given a new court date, at which point you will meet with the DA. The DA should at that point offer you deferred prosecution, which includes some very reasonable fees, a drug class, and a [very] light probation, the successful completion of which will result in the charges against you being dropped.

The procedure may be slightly different depending on which court you're at, but you should find my statements accurate overall.

Also, how old are you? If you are under 18, things will actually be a bit harsher, as Arizona likes to scare minors straight.

 

[NORML]

The possession of marijuana is a criminal offense. For possession of an amount less than two pounds the sentence can range from 6 mos. - 1.5 years and a fine of $750 - $150,000. Possession of two or more pounds but less than four pounds is punishable by 9 mos. - 2 years in jail and a fine of $750 - $150,000. Possession of four pounds or more is punishable by 1.5 - 3 years in prison and a fine of $750 - $150,000.

Any person convicted of personal possession or use of marijuana is eligible for probation. The court is required to suspend the imposition or execution of the sentence. The person on probation is required to participate in an appropriate drug treatment or education program and may be required to attend a more stringent treatment program for a second offense. Persons convicted of a third or subsequent offense are not eligible for probation. Persons on probation must also submit to urine drug tests as a condition of their probation with the only exception being made for those who use marijuana under a prescription.

The penalties of possession for sale of less than two pounds of marijuana are 1.5 - 3 years in prison and a $750 - $150,000 fine. For amounts of less than four pounds, the penalties increase to 2.5 - 7 years in prison and a $750 - $150,000 fine. Possession for sale of four pounds or more is punishable by 4 - 10 years in prison and a $750 - $150,000 fine.

Production or cultivation of less than two pounds of marijuana is punishable by 9 mos. - 2 years in jail and a $750 - $150,000 fine. For less than four pounds, the penalties increase to 1.5 - 3 years in prison and a $750 - $150,000 fine. Production of cultivation of four pounds or more is punishable by 2.5 - 7 years in prison and a $750 - $150,000 fine.

Sale or delivery for sale of less than two pounds of marijuana is punishable by 2.5 - 7 years in prison and a fine of $750 - $150,000. Sale or delivery of two pounds or more is punishable by 4 -10 years in prison and a fine of $750 - $150,000.

Possession or sale within 300 feet of a school, on any public property within 1000 feet of any school, at any school bus stop or on any bus transporting pupils to or from school adds an additional one year to the sentence and requires a minimum fine of $2,000.

Possession and sale of paraphernalia is punishable by 6 mos - 1.5 years in jail and a fine of up to $150,000