Marijuana Paraphernalia Class 6 Felony in Arizona - Medical License in Ca: Please Hel

What is the name of your state (only U.S. law)? Arizona

My question involves criminal law for the state of: Arizona

Hello everyone, just to start I am a 21 year old college student that attends Arizona State University. In my apartment located off campus, I was charged with "possession of paraphernalia". (Section 13-3415 A of Maricopa County Sheriff's Office). My roommate was smoking a blunt in his room, and the officer's had knocked on the door. I walked to the door and the 2 police officers and 2 security guards were hiding from the peephole. They entered immediately after I opened the door, claiming that they had smelled weed. They came in and found 4 water pipes (2 were mine and 2 were my roommates). We both ended up with paraphernalia charges. I was not high, nor had any marijuana on me. Furthermore, previously I had maintained a completely clean record.

Unfortunately, in Maricopa County, it is considered a class 6 felony. From my previous research, the typical protocol is 6 months of diversion (TASC) to have it reduced to a class 1 misdemeanor. TASC generally requires classes and weekly drug tests.

I got my medical marijuana license in November of 2010 in California. Could this have any affect on my case? Should I seek an attorney? Or should I go with a Public Defender? A defense attorney seems like an expensive solution to a relatively inexpensive problem.

I am looking for any way possible to get a reduction in my penalty. Staying off marijuana for 6 months is not a problem, I am just worried about the possibility of being in the wrong place at the wrong time and ending up with a felony on my record.

I am a good student from a good family. Any informative input is highly appreciated. Thanks for taking the time to read this. The whole situation has me shook.

I have no what the license from CA might do for your case, so I will respond to your post without that information.

Firstly, you are likely NOT to receive TASC. Yes, TASC is a popular program in AZ, but they tend to use it for minors (the idea being to "scare them straight"). For adults, it will not be as bad. During your initial court appearance, you will be asked how you plead. Instead of entering a plea, request a pre-trial conference (assuming the judge doesn't offer it up on the spot). You will be given a new date at which point you will get to meet with the prosecutor, who will likely offer you Deferred Prosecution. It is similar to TASC, in that you will need to attend a drug class, pay fines/fees, and submit to a 6 month probation. The differences are that the probation will not be as involved as with TASC (most cases, the defendant will never even meet his probation officer, let alone be required to take urine tests), and the successful completion of the probation will mean that the charges will be dropped against you.

For most people, the process works exactly as I have described it, but since the offer of the Deferred Prosecution is up to the prosecutor to make, there have been times where it has not been offered for whatever reason. Due to this reason (as well as due to your question of whether or not your license from CA might aid you), it may be wise to seek legal representation. A local attorney know best what the courts want to hear, and as such present the highest potential in yielding the most favorable results. Many attorneys will offer free/cheap consultations, so you should take advantage of this and sit down with a couple to see what insight they may have to offer.

CovertCoupe said:

I got my medical marijuana license in November of 2010 in California. Could this have any affect on my case? Should I seek an attorney? Or should I go with a Public Defender? A defense attorney seems like an expensive solution to a relatively inexpensive problem.

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It is Arizona law that you can posses and use medical marijuana, but not purchase in Arizona, if you have a MM registry identification card, or its equivalent, from another state.
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So it defies common sense that we would be arrested and persecuted for using a pipe to smoke what is legal. This is your defense, and one that should be you and your lawyers defense focus. Sooner or later, the politicians and lawmakers will catch on. Until then, you must fight.

Oh brother

hey covertcoupe,

I'm in the exact same situation as you were/are. What was the outcome for you with all of this? I'm assuming the whole process is finished since its been nearly a year now.

thanks

Arizona law does not allow you to possess water pipes. You need to hire an attorney.