Arizona Has a 7-Year Statute of Limitations for Marijuana Possession

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Arizona’s statute of limitations for drug crimes is 7 years, which suggests that somebody can be arrested for very simple marijuana possession but not be formally charged by the authorities till years later – at times up to 7 years later. These impacted just sit in limbo questioning if they’ll ever be charged or if their case will be thrown out by prosecutors.

Aside from persons with a valid Arizona health-related marijuana card, possession of any quantity of marijuana is a felony in Arizona, even for initially time offenders, The State Press reported. Normally, initially offenses of a tiny quantity of marijuana get pleaded down to misdemeanor charges. In some instances, the offender is presented a diversion plan like TASC – which is pricey. Meanwhile, horrific crimes, such as sexual assaults, only have a two-year statute of limitations in Arizona.

“Frequently, we have clientele that get charged two or far more years following the offense,” mentioned lawyer David A. Black. “I’ve observed exactly where a student, who could possibly have been a freshman when the offense occurred, obtaining charged with a felony nearing the finish of his or her senior year – for possessing a joint years earlier.”

Arizona’s lingering statute of limitations for drug possession can have a specifically unfavorable influence on Arizona’s college students – several of which are from out-of-state. Occasionally students graduate, move back to their property states and get started a profession when, all of a sudden, they get charged for a marijuana possession arrest that occurred throughout their freshman year. A felony charge can lead to job rejection, housing rejection and even rejection from other education institutions.

Lawyer Bret Royle mentioned, “The complete issue is totally avoidable in my thoughts. There’s just no explanation that very simple possession of marijuana ought to be a felony.” He continued, “While I have an understanding of that the difficulties surrounding marijuana decriminalization or legalization are tremendously complicated, it appears apparent to me that a tiny quantity of marijuana for private use shouldn’t be a felony.”

If Arizonans vote to legalize recreational marijuana use in 2020 through the Intelligent &amp Secure Arizona ballot initiative, any person 21 years of age and older will be in a position to possess and use marijuana legally. Till then, marijuana will stay a felony in Arizona.

Photo: Rob Cogswell/Flickr CC2. Modified

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