The answer as to why is something called the “threshold amount.” The threshold amount for marijuana is defined as two pounds of marijuana in Arizona Revised Statutes § 13-3401(36)(h).
Possessing more than the threshold amount of marijuana makes you ineligible for probation, suspension of sentence, pardon, or release if convicted pursuant to Arizona Revised Statutes § 13-3405(C). While this provision doesn’t necessarily affect you if you are covered by Arizona’s Proposition 200 which mandates probation for drug offenses, if you fall outside of its protections it could mean mandatory prison.
For example, if you possess marijuana for sale exceeding the threshold amount, say 3 pounds, and are convicted you will be convicted of a class three felony pursuant to Arizona Revised Statutes § 13-3405(B)(5). Because possession for sale is not covered by Proposition 200, you would be required to face the statute’s mandatory sentencing scheme, which would have you facing, assuming no prior felony convictions, 2 to 8.75 years in prison.
Suddenly, because you possessed even an ounce more than two pounds, you face stiffer punishment.
And so, in Arizona, two pounds of weed is too much weed. If you’re being charged with Possession of Marijuana, whether for personal use or sale, you should speak with a knowledgeable marijuana lawyer in Phoenix who is familiar with Arizona’s marijuana laws and find the best defense for your case to minimize those potential consequences.
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