Marijuana Sales And Weapons Misconduct In Arizona

31 October, 2020 by Admin

marijuana and guns

Arizona has stiff penalties for drug possession and sale, which can be further compounded by misconduct involving weapons charges.

In the early spring of 2020, the Cochise County Sherriff’s office arrested a Sierra Vista man for the transport of a narcotic drug for sale, possession of marijuana with intent to sell, and weapons misconduct. The DEA suspected the individual of drug trafficking and, in a sting operation, interested his home and found methamphetamine, marijuana, a loaded handgun, and $1,800 in cash. The man pleaded guilty and was sentenced to 14 years in prison. Arizona has some of the strictest drug and weapons laws in the country.

What is Marijuana Possession with the Intent to Sell in Arizona?

Medical marijuana is legal in Arizona but unless a person has a medical marijuana ID card issued by the state, knowingly possessing or using marijuana is still a crime. A.R.S. § 13-3405 also states that you cannot produce, transport, transfer or, sell marijuana, which would all fall under possession. Possession of marijuana could result in a felony conviction in the state of Arizona. If you are is arrested for the sale of marijuana, the penalties can be even harsher.

What is Misconduct involving Weapons in Arizona?

According to Arizona law 13-3102, a person commits misconduct involving weapons if they knowingly commit an act of illegal misconduct, possess a deadly weapon, and or prohibited from possessing a weapon or are in possession of a prohibited weapon.

(a) Illegal conduct under Arizona Misconduct Involving Weapons laws

A person could be charged with misconduct involving weapons for any of the following:

  1. Weapon on Person in a Crime: Having a deadly weapon on your person or in a vehicle when there is intent to commit a crime.
  2. Failure to Notify: If stopped by a police officer and asked whether you have a weapon and do not notify the officer.
  3. Under Age 21 with a Concealed Weapon: If you are under age 21 and carry a concealed weapon in your car or on your body.
  4. Manufacture, Possession, Sale, or Transfer of Prohibited Weapon: If you are found in possession of a prohibited weapon.
  5. Prohibited Possessor: This is charged when a person who is not allowed to have a weapon is found with a weapon.
  6. Selling to Prohibited Possessor: Selling a weapon to a prohibited possessor.
  7. . Defacing a Deadly Weapon: If a gun has a serial number scratched off or sanded down, this will be considered defacing the firearm.
  8. Possession of a Defaced Deadly Weapon: It is also illegal to be in possession of a weapon defaced by someone other than yourself.
  9. Committing a felony using a Deadly Weapon: If you use a deadly weapon to commit felony, you could be charged with the felony and misconduct involving weapons.
  10. A Drive-By Shooting: Discharging a firearm at an occupied structure.
  11. Failure to Obey Request to Remove: failure to remove a firearm when lawfully requested to remove and store that firearm.
  12. Polling Place: It is illegal to have a firearm or a deadly weapon at a polling place in Arizona.
  13. School: In Arizona, it is misconduct to bring a firearm or deadly weapon onto a school campus.
  14. Power Facility: It is unlawful to bring a weapon or a firearm into a power facility.
  15. Give a weapon to someone to Commit a Felony: It is a misconduct involving weapons to give a weapon or a firearm to someone knowing that the person will use the firearm in the commission of a felony.
  16. Terrorism: Any weapons used in terrorism are considered misconduct involving weapons.
  17. A gang or Criminal Syndicate: The use of weapons to further the interests of a gang or criminal syndicate is also prohibited.

(b) Prohibited Possessor under Misconduct Involving Weapons laws in Arizona

A prohibited possessor is anyone who is prohibited from having a firearm, deadly weapon, or prohibited weapon by Arizona law. These six categories of people are considered “prohibited possessors.”

  1. Court Order: People are prohibited by a court order because they are a danger to themselves or others, or they have a disability that is persistent, acute, or grave.
  2. Felony Conviction: A person convicted of a felony loses their rights to possess firearms.
  3. Probation, Parole, Community Supervision, or Work Furlough: People convicted of a crime and currently under the court’s jurisdiction, the prosecutor’s office, or the probation department, are not permitted to have a deadly or prohibited weapon.
  4. Immigrants or Aliens: Undocumented or non-immigrant aliens in the United States for business, pleasure, or school are generally not allowed to have a weapon.
  5. Rule 11: Individuals who have been determined through Rule 11 to be incompetent cannot possess a weapon.
  6. Guilty Except Insane: Individuals who have been found guilty except insane under the law in a criminal trial are not capable of possessing firearms.

(c) Prohibited Weapons under Misconduct Involving Weapons laws In Arizona, some weapons are prohibited. If you are found to possess of one of the following weapons, you could be charged with misconduct involving weapons. 

Under ARS 13-3101, the following weapons are not allowed in Arizona:

  1. Bombs, grenades, or rockets
  2. Suppressors or Silencers
  3. Fully-Automatic Firearms
  4. Nunchakus( Also known as Nunchuks)
  5. Molotov Cocktails: These are containers with flammable liquids and a wick, which explode or burst into flame upon breaking.
  6. Bursting Gas Bombs: also known as dry-ice bombs, these are containers filled with expanding chemicals or other components which explode because they cannot sustain the pressure.
  7. I.E.D.’s ( Improvised Explosive Devices )
  8. Combinations: Any combination of materials used to make bombs, Molotov cocktails, or I.E.D.s are prohibited as well.

Penalties of Marijuana with Intent to Sell in Arizona

Marijuana is a Schedule I controlled substance under Arizona Revised Statute ARS 36-2512. Arizona Revised Statute ARS 13-3405 states that a person shall not knowingly possess or use marijuana or possess marijuana for sale.

Suppose you are convicted of intent to sell marijuana in Arizona. In that case, you will be sentenced to a mandatory prison term if the prosecution can prove that the amount was over two pounds of marijuana. Your criminal history, possession, or involvement of weapons as part of the crime and other factors will be considered in your sentencing.

Sale of marijuana charges in Arizona is sentenced as either a class 4, 3, or 2 felony depending on the amount of marijuana.

  • Under two pounds in possession for sale is a Class 4 felony, which carries a prison sentence of one up to a maximum of four years.
  • Two to four pounds in possession for sale is a Class 3 felony, which carries a prison sentence of two to nine years.
  • Four pounds or more in possession for sale is a Class 2 felony, which carries a prison sentence of three to 10 years.

    • Penalties include a fine of up to $150,000, according to Arizona Revised Statute ARS 13-801.

Penalties for Misconduct Involving Weapons convictions in Arizona

There are several ways a person can be convicted of misconduct involving weapons in Arizona.

Class 1 Misdemeanor

  • carrying a concealed weapon without a permit
  • carrying a deadly weapon into an election polling place, school, or onto public premises or into an event if you have been asked not to

A Class 1 Misdemeanor is punishable by as much as 6 months in jail.

Class 6 Felony

  • selling a deadly weapon to someone prohibited from having it
  • defacing a deadly weapon
  • possession of a defaced deadly weapon
  • unlawfully discharging a firearm

A Class 6 felony is punishable by as much a 1 year in prison.

Class 4 Felony

  • manufacturing, selling or possessing a prohibited weapon
  • possessing a deadly weapon if you are prohibited
  • possessing a deadly weapon in the commission of a felony
  • entering a nuclear plant with a deadly weapon

A Class 4 felony is punishable by as much as 2 ½ years in prison.

Class 3 Felony

  • discharging a firearm in an occupied area in the furtherance of gang activity
  • giving or selling a firearm to someone knowing that they will use it to commit a felony
  • use of a deadly weapon in an act of terrorism

A Class 3 Felony is punishable by up to 3 ½ years in prison.

Being convicted of marijuana sales or misconduct involving weapons brings permanent damage to your relationships, career, finances, reputation, and social connections. 

Suppose you face drug-related charges or misconduct involving weapons charges. You will need an Arizona criminal defense lawyer with experience in these types of cases to build a strong defense.