Possession / Sales / Transportation

No matter whether you’re in Scottsdale, Phoenix, Glendale, Mesa or elsewhere in Arizona, if you’ve been accused of marijuana DUI or other crimes, you need to know your rights. This is especially vital if you are charged with marijuana possession with intent to sell.

Medical marijuana has been legal in the state of Arizona since 2010. Despite being settled law for nearly a decade, MMJ patients still face discriminatory law enforcement practices. One of the most common of these is “intent to sell” charges.

These charges may come as part of a “routine” traffic stop or may follow from a so-called “marijuana DUI.” MMJ users must understand that, as of today, there is no specific legal guidance for determining whether or not a driver is impaired as a result of marijuana.

That being the case, such an accusation is often a pretense for other charges.

When you obtain marijuana legally, you know you will have to transport it from the place of business, such as a dispensary, to your home. Although many regulations (and law enforcement officials) are behind the times on legal marijuana, this is understood.

However, “intent to sell” can arise for several reasons.

First and foremost, an officer might make the determination that you have “too much” marijuana for your personal use. This is a snap judgment often made in the absence of any real knowledge about your medical condition. Though this is bad enough, it can be even more serious.

The presence of certain items can make an “intent to sell” charge more likely.

Some of these include:

• Multiple baggies, each with small amounts of marijuana;
• Ledgers, bank accounts and other financial instruments;
• Electronic communication devices, such as cell phones;
• Scales, cutting agents and other items deemed “paraphernalia.”

You may have legitimate reasons to possess any or all of these items. However, you may still find yourself facing serious accusations. If this happens to you, you should seek help right away.

In any legal situation, the sooner you contact an attorney, the better off you will be. In fact, you never need to answer officers’ questions without an attorney present. This is especially important in any case that involves marijuana!

For help, contact Tom Dean today.