thecoolman
New Member
Now narcotics charges may not hold up in court under a high dollar defense lawyer when some one turns down the plea agreement but it is still a definite possibility. As such I personally think a high level of discretion is the smart thing at this time in AZ with regard to these products.
2. Arizona Criminal Law:
Arizona's criminal law refers to extracted and/or concentrated marijuana as "cannabis" and categorizes it as a "narcotic drug" instead of simply "marijuana".
A.R.S. 13-3401(20)(w) defines a narcotic drug, among other things, as "cannabis". Cannabis, in turn, is defined by A.R.S. 13-3401(4) as follows:
"Cannabis" means the following substances under whatever names they may be designated:
a. The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin. Cannabis does not include oil or cake made from the seeds of such plant, any fiber, compound, manufacture, salt, derivative, mixture or preparation of the mature stalks of such plant except the resin extracted from the stalks or any fiber, oil or cake or the sterilized seed of such plant which is incapable of germination.
b. Every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol.
A.R.S. 13-3408 makes "possession, use, administration, acquisition, sale, manufacture or transportation" of narcotic drugs (including cannabis) unlawful:
A. A person shall not knowingly:
1. Possess or use a narcotic drug.
2. Possess a narcotic drug for sale.
3. Possess equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug.
4. Manufacture a narcotic drug.
5. Administer a narcotic drug to another person.
6. Obtain or procure the administration of a narcotic drug by fraud, deceit, misrepresentation or subterfuge.
7. Transport for sale, import into this state, offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a narcotic drug.
Section B of that statute sets out the level of felony that a person is guilty of who violates one of the above:
B. A person who violates:
1. Subsection A, paragraph 1 of this section is guilty of a class 4 felony.
2. Subsection A, paragraph 2 of this section is guilty of a class 2 felony.
3. Subsection A, paragraph 3 of this section is guilty of a class 3 felony.
4. Subsection A, paragraph 4 of this section is guilty of a class 2 felony.
5. Subsection A, paragraph 5 of this section is guilty of a class 2 felony.
6. Subsection A, paragraph 6 of this section is guilty of a class 3 felony.
7. Subsection A, paragraph 7 of this section is guilty of a class 2 felony.
2. Arizona Criminal Law:
Arizona's criminal law refers to extracted and/or concentrated marijuana as "cannabis" and categorizes it as a "narcotic drug" instead of simply "marijuana".
A.R.S. 13-3401(20)(w) defines a narcotic drug, among other things, as "cannabis". Cannabis, in turn, is defined by A.R.S. 13-3401(4) as follows:
"Cannabis" means the following substances under whatever names they may be designated:
a. The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin. Cannabis does not include oil or cake made from the seeds of such plant, any fiber, compound, manufacture, salt, derivative, mixture or preparation of the mature stalks of such plant except the resin extracted from the stalks or any fiber, oil or cake or the sterilized seed of such plant which is incapable of germination.
b. Every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol.
A.R.S. 13-3408 makes "possession, use, administration, acquisition, sale, manufacture or transportation" of narcotic drugs (including cannabis) unlawful:
A. A person shall not knowingly:
1. Possess or use a narcotic drug.
2. Possess a narcotic drug for sale.
3. Possess equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug.
4. Manufacture a narcotic drug.
5. Administer a narcotic drug to another person.
6. Obtain or procure the administration of a narcotic drug by fraud, deceit, misrepresentation or subterfuge.
7. Transport for sale, import into this state, offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a narcotic drug.
Section B of that statute sets out the level of felony that a person is guilty of who violates one of the above:
B. A person who violates:
1. Subsection A, paragraph 1 of this section is guilty of a class 4 felony.
2. Subsection A, paragraph 2 of this section is guilty of a class 2 felony.
3. Subsection A, paragraph 3 of this section is guilty of a class 3 felony.
4. Subsection A, paragraph 4 of this section is guilty of a class 2 felony.
5. Subsection A, paragraph 5 of this section is guilty of a class 2 felony.
6. Subsection A, paragraph 6 of this section is guilty of a class 3 felony.
7. Subsection A, paragraph 7 of this section is guilty of a class 2 felony.