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Can I Go to Drug Court for Marijuana?

If you’re arrested for marijuana possession in Phoenix or anywhere in Arizona, you can find yourself facing felony charges. In Arizona, possessing less than two pounds of marijuana is a Class 6 felony offense, punishable by four months to two years behind bars and by a fine between $1,000 and $150,000. Many criminals and even non-criminals consider this to be a harsh sentence, especially since possessing one ounce or less of marijuana is legal in states, such as Colorado, Nevada, and California.

Suppose you’re facing Class 6 felony charges for possessing less than an ounce of marijuana in Maricopa County. Now you’re wondering, “Can I go to drug court for my marijuana charge?” The answer is no, you cannot go to drug court if you’re convicted for marijuana only. “But, what if I have a verified marijuana card?” Sorry, but you cannot be accepted into Maricopa County’s Drug Court with a verified marijuana card either.

To be accepted to Drug Court, you must meet the following criteria:

  • It must be a felony offense that comes with a probation grant for at least two years.
  • Your current risk assessment must determine that you are medium-high or high risk and the court must determine that you have a history of moderate to severe substance abuse.
  • You must live within the Drug Court’s supervision area.

You are NOT eligible for Drug Court if:

  • You have been convicted of a marijuana offense only.
  • You have a verified marijuana card.
  • You were convicted of selling drugs, unless your sales charge was pleaded down.
  • It’s your first-strike Prop 200 case and it stands alone.

The Maricopa County Drug Court was created to help defendants identify the reasons behind their substance abuse, help them receive necessary treatment, and reduce drug-related crimes and recidivism. For those who qualify for Drug Court and successfully complete the program, they may receive early termination and misdemeanor designation in about a year. While this can be an excellent opportunity for some drug offenders, it does not apply to those who commit marijuana-related offenses.

To learn more about Maricopa County’s Drug Court, click here. To fight your drug charges, contact our firm for a free consultation with Attorney Davidson, a Phoenix drug possession lawyer and former Maricopa County prosecutor.