Arizona Has a 7-Year Statute of Limitations for Cannabis Belongings

December 1, 2019 by erfa5t8

AZ Drug Law

Arizona’s statute of constraints for drug criminal activities is 7 years, which implies that someone can be arrested for basic cannabis ownership however not be officially charged by the authorities till years later on– sometimes up to 7 years later. Those impacted simply sit in limbo questioning if they’ll ever be charged or if their case will be thrown out by prosecutors.

Aside from individuals with a legitimate Arizona medical marijuana card, ownership of any quantity of cannabis is a felony in Arizona, even for first time offenders, The State Press reported. Generally, first offenses of a small amount of cannabis get pleaded down to misdemeanor charges. In many cases, the culprit is offered a diversion program like TASC– which is costly. Meanwhile, dreadful crimes, such as sexual assaults, just have a 2-year statute of constraints in Arizona.

” Often, we have customers that get charged 2 or more years after the offense,” said lawyer David A. Black. “I’ve seen where a trainee, who may have been a freshman when the offense occurred, getting charged with a felony nearing completion of his/her senior year– for possessing a joint years previously.”

Arizona’s remaining statute of constraints for drug belongings can have an especially negative effect on Arizona’s university student– a lot of which are from out-of-state. Sometimes trainees graduate, move back to their home states and begin a profession when, unexpectedly, they get charged for a cannabis belongings arrest that happened during their freshman year. A felony charge can lead to task rejection, housing rejection and even rejection from other education organizations.

Attorney Bret Royle said, “The whole thing is entirely avoidable in my mind. There’s just no reason that basic belongings of cannabis must be a felony.” He continued, “While I understand that the problems surrounding marijuana decriminalization or legalization are tremendously complicated, it appears obvious to me that a percentage of marijuana for individual usage should not be a felony.”

If Arizonans vote to legislate recreational cannabis use in 2020 via the Smart & Safe Arizona tally effort, anybody 21 years of age and older will have the ability to possess and use cannabis lawfully. Till then, marijuana will stay a felony in Arizona.

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