by Kenny Holston 21

Medical Marijuana Arizona Law Update May 2010

MEDICAL MARIJUANA

LAW ARIZONA

UPDATE MAY 2010

Fines and Penalties for medical Marijuana use in Arizona

Phoenix Marijuana (Pot) Defense Attorney

Under current Federal Law, the use, sale or possession of marijuana (pot), paraphernalia, whether medically prescribed or not, it is still unlawful and carries significant criminal penalties in Arizona. This may change after Arizona voters go to the polls in November 2, 2010 to vote on a popular Medical Marijuana initiative.  In the mean-time, criminal charges related to medical marijuana remain a serious offense in Arizona. Currently, there is no distinction in penalties for using medical Marijuana v Marijuana for non-medical or recreational use. As is with DUI charges, Arizona has some of the toughest laws against Marijuana in the Country, even for simple possession.

For now, below are the penalties for Marijuana Possessionin Arizona whether for medical use non-medical use. The Arizona Drug charge classification for a marijuana offense depends mostly on how much of the substance is found in your possession.   

If the amount of marijuana is: Then the potential sentence is:
Less than 2 pounds (not for sale)                         1 year in prison (Class 6 felony)

Between 2 and 4 pounds (not for sale)                1 ½ years in prison (Class 5 felony)

More than 4 pounds (not for sale)                        2 ½ years in prison (Class 4 felony)

Less than 2 pounds (intent to sell)                        2 ½ years in prison (Class 4 felony)

Between 2 and 4 pounds (intent to sell)               3 ½ years in prison (Class 3 felony)

More than 4 pounds (intent to sell)                       5 years in prison (Class 2 felony) 

Less than 2 pounds (that you produced)               1 ½ years in prison (Class 5 felony)

2-4 pounds (that you produced)                            2 ½ years in prison (Class 4 felony)

More than 4 pounds (that you produced)              3 ½ years in prison (Class 3 felony)

Less than 2 pounds (transporting into AZ)           3 ½ years in prison (Class 3 felony)

More than 2 pounds (transporting into AZ)          5 years in prison (Class 2 felony

In addition to prison time to your Arizona Marijuana drug sentencing, you will face large fines for your marijuana conviction. The minimum fine you will pay is 0. However, if the value of the marijuana you were caught with exceeds 0, your fine will equal 3 times that amount, not exceeding 0,000.

Due to the fact that Marijuana is legal with restrictions and limitations in 14 other states, many people either view medical marijuana charges as possibly legal or in the least minor criminal charges. However, Arizona law and its prosecution do not view it this way. You may be facing a life changing incarceration and high dollar fines depending on how much was found in your possession.  So for now, in Arizona, if you wish to use medical Marijuana or non-medical Marijuana, you have at these three options:

1)      Use medical Marijuana if you have no other medicinal alternative. But at least understand   the extreme risks and harsh penalties, fines and incarceration that still exist in Arizona as a consequence as of this date.

2)      Consult your Physician about the possibility of using alternative treatments or medications for relief of your medical symptoms, at least temporarily; wait until after November 2, 2010, when Arizona Voters go to the polls.  Perhaps new Medical Marijuana Laws will be passed in favor of qualified use of medical Marijuana to help relieve the symptoms of your medical condition or illness.

3)      Move to any of the following 14 States who have laws either broad or limited legalization of medical Marijuana:

Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, NewJersey, New Mexico, Oregon, Rhode Island, Vermont, Washington. All 14 states do require proof of residency in their respective state as a qualifying factor to use medical Marijuana.

The most important thing you can do if you face of Marijuana possession, use, or sale charges or any other type of drug charges in Arizonais to contact an Experienced Arizona Drug Defense Attorney who will defend Arizona Marijuana drug charges and protect your constitutional rights.

a pound of marijuana

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Washington Stateside

Image by Sheila Steele

Feds estimate smuggling tunnel cost million, including land
Authorities kept watch for 6 months

KIRA MILLAGE, THE BELLINGHAM HERALD
Since February, U.S. and Canadian law enforcement secretly watched drug smugglers build a tunnel across the border.

Using shovels, more than 1,000 2-by-6’s and rebar, the smugglers built a 360-foot-long tunnel complete with ventilation and electricity.

Wednesday afternoon, their elaborate operation came to an end when U.S. federal agents arrested three men exiting the tunnel in Whatcom County just east of the Lynden-Aldergrove crossing.

"This tunnel was ambitious, sophisticated and an example of the lengths individuals and criminal organizations will go to for illegal profits," said Inspector Pat Fogarty of a special Canadian law enforcement team.

The tunnel started in a Quonset hut – a large metal shed – at 26717 Zero Ave. just inside Canada. The property is owned by Francis Devandra Raj, 30, one of the three men arrested.

It stretched under the border and emerged in the living room of 151 E. Boundary Road north of Lynden.

The homeowners are listed as Raman L. and Kusum B. Patel, according to the Whatcom County Assessor’s Web site.

They were not arrested but are of great interest, said John McKay, U.S. attorney.

They could not be reached for comment.

The tunnel was under construction for more than a year and was big enough for a person to walk through, hunched over, McKay said.

The entrances were 6 feet by 6 feet and the entire tunnel was reinforced on all sides by rebar and wood, according to a U.S. Attorney’s Office news release.
The people constructing it put together a pulley and winch system to lift the dirt out and move it north or south to one of the openings, Fogarty said. The tunnel was completed earlier this month.

"It’s probably one of the most sophisticated tunnels seen in the U.S.," said Rod Benson, special agent in charge with the Drug Enforcement Administration.
Fogarty estimated the smuggling suspects spent million building it, including purchasing the land.

This is the first tunnel discovered along the Canadian border, Benson said, but it’s only one of 34 discovered going into the United States. The others are mostly in California and Arizona, he said. Authorities were not confident this was the only tunnel created, but they don’t have any evidence to suggest there are more.
U.S. federal agents installed surveillance cameras and listening devices in the East Boundary Road home earlier this month and monitored action in the tunnel constantly, Benson said.

"We collectively dismantled a criminal organization capable of causing damage to Canadian and American societies," said Kim Scoville, director of the Canadian Border Services Agency.

The three men arrested – Raj; Timothy Woo, 43; and Johnathan Valenzuela, 27; all of Surrey, B.C. – were part of a drug smuggling organization the Canadian Border Services Agency had been investigating since 2003, Scoville said.

"They were well known by the police in the province," Fogarty added.

DEA and Immigration and Customs Enforcement agents observed Raj, Woo and Valenzuela smuggle marijuana several times through the tunnel, frequently in hockey bags or garbage bags, according to the news release.

Authorities let the smuggling continue until they felt they had enough information to charge the suspects, McKay said.

About 200 pounds of marijuana was seized as part of the investigation and other suspects are being investigated and watched, according to U.S. and Canadian officials.

Jeffrey Eig, DEA spokesman for the Seattle division, said two U.S. citizens arrested in the last week for possession of marijuana are being investigated in connection with the tunnel.

A woman from Twin Falls, Idaho, was arrested Saturday with 93 pounds of marijuana in her vehicle, and a man was arrested Monday morning with more than 100 pounds of marijuana. The DEA is not releasing their names at this time, Eig said.

Authorities said the tunnel will be sealed so it can’t be used any longer.
"The Department of Homeland Security considered this a national security issue for both countries," said Leigh Winchell, I.C.E. special agent in charge. "The tunnel could have been used to smuggle aliens into the U.S. or equipment into the U.S."
"Increased security at the ports of entry … are going to have an effect (on drug smuggling) and (they) will move it another way," he said, adding that the bust will "send shockwaves through the (drug) organizations."

www.bellinghamherald.com

Cops to compete in a competition with bite

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Agents find pot farm on PUC property

Saturday update Two Mexican nationals were arrested Tuesday after drug agents allegedly found them growing marijuana on Pacific Union College property near Angwin.

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