Because Arizona is on the United States-Mexico border, drugs are a commonplace in its streets. After alcohol, there is no more commonly used drug in Arizona than marijuana. However, travel restrictions are drastically reducing the supply of illegal drugs in Arizona’s streets.

In response to COVID-19’s spread, officials blocked nonessential international travelers. This block caused a sharp drop in vacationers, shoppers, and others who cross the border every day. These legal border crossers had unintentionally given cover to drug runners trying to sneak through border checkpoints. In March, vehicles crossings at the Mexico-Arizona border were 22% lower than the previous year. Crossings on foot were down 26%. With less legal border crossings, there are less drug runners able to become a chameleon among the crowds. This leads to a less amount of drugs that are able to slip by border patrol and into Arizona’s streets.

Besides the fewer foot-traffic at the border, Arizonans are not leaving their home. Arizona officials instituted a stay-at-home order to help slow the spread of the virus. This order has increased law enforcement presence in the streets, causing the sale of drug to plummet. Because of this decrease in availability, drug prices have shot through the roof. However, with its uniqueness and production within the United States, marijuana has not faced the same COVID-19 problems that have plagued other drugs.

Possible Impact of COVID-19 on Marijuana Possession

Unlike other drugs, marijuana trafficking may not be as affected by the lockdown measures. Much of the marijuana that Arizonans consume is produced locally in states like California or imported from Mexico. Activity in these marijuana producing areas is suggesting that there is an increase in demand for marijuana. Given that marijuana production typically takes place near its consumer markets, traffickers are less reliant on long, trans-regional shipments of bulk quantities of the drug. This allows traffickers to continue to distribute the drugs without facing the hardships that harder drugs like opiates are battling. However, lockdown restrictions still may have some impact on the ability to sell the drugs after production and distribution.

With a lower amount of opportunity to sell drugs, drug dealers have begun to stockpile their drugs. Drug-producing countries are reporting that drug prices are decreasing. That decrease suggest that suppliers in those countries are stockpiling their drugs. If these suppliers are in fact stockpiling their drugs, then when officials lift COVID-19 restrictions there will be an abundance of high-purity drugs available. This will lead to widespread availability of high-purity drugs. With widespread availability comes more drug possession. That increase in drug possession will lead to law enforcement trying its hardest to crack down on drug crime. And if law enforcement is trying its hardest to crack down on drug crime, the amount of possession cases and charges will surge.

Besides the immediate affect restrictions have had on drugs, there exists the potential that COVID-19 may leave a long-term lasting mark on the drug world. The global economy suffered an unprecedented downturn. This downturn could lead to an increase in the number of people using drugs to cope with stress and depression. In other situations, people may turn to producing, trafficking, or selling drugs as a revenue source. The struggles that COVID-19 caused may hit those people already in a lower socioeconomic position harder. This hit will make it even easier for drug cartels to recruit those in that lower socioeconomic position. Its impact could be similar to the crack epidemic that swept through the United States. With this level of impact and a hampered economy, the United States may struggle to halt drug production and fund counter-narcotic programmes. If that occurs, it is likely that the states will be left to defeat this rise in drugs.

Arizona has some of the harshest marijuana laws in the country. It is likely that Arizona’s current penalties would get strict to combat any growing problem. Arizona’s current marijuana possession laws are detailed below.

Penalties & Punishments

The statute, A.R.S. § 13-3405(A)(1) divides penalties into three categories based on how much marijuana the person possessed:

• under two pounds
• two to four pounds
• over four pounds

Currently, it does not matter how much marijuana a person possesses. Any amount can be a felony charge. Rather the class of felony the person receives will depend on the circumstance of their case.

For those caught in possession of under two pounds of marijuana, the charge can be a:

• Class 6 felony if it’s found to be for personal use
• Class 4 felony if it’s for sale
• Class 5 felony if it was personally produced
• Class 3 felony if it’s transported or imported into Arizona

If someone is found to be in possession of two to four pounds of marijuana, charges can be a

• Class 5 felony if it’s for personal use
• Class 3 felony if it’s for sale
• Class 4 felony if it was personally produced
• Class 2 felony if it’s transported or imported into Arizona

Lastly, in situations where a person possesses four or more pounds of marijuana, their charge can be a:

• Class 4 felony if it’s for personal use
• Class 2 felony if it’s for sale
• Class 3 felony if it was personally produced
• Class 2 felony if it’s transported or imported into Arizona

Fortunately, with the help of an effective criminal lawyer, marijuana possession offenses can often be reduced to a class 1 misdemeanor. Typically, the lawyer will attempt to negotiate a deal with the prosecution to allow the offender to attend a diversion or education program and get the charge dismissed completely. Participation in drug diversion will typically require the person to submit to drug tests to ensure the person does not continue to use marijuana.

One of the most common diversion programs is known as TASC, which is run by the Maricopa County Attorney’s office. TASC – short for Treatment Assessment Screening Centers – is a nonprofit that provides drug testing to first-time offenders as part of a larger diversion program. If this option is available, it may incur additional expenses. Once the person has successfully completed the program, the person may have the opportunity to have the charge dismissed.

In addition to a diversion program, the person will likely be placed on probation, which has similar terms of sobriety as the diversion program. The person also may be required to pay fees and surcharges, or complete community service hours as assigned by the court.

If a diversion program or dismissal is unavailable, Arizona Proposition 200 still prohibits those convicted of first- and second-time nonviolent drug from receiving jail time. This means that a person may only face incarceration after three convictions. However, if there are other charges involved the person’s sentence and potential incarceration time may be affected. Therefore, to ensure a person does not face jail time, it is best that the person secure a competent criminal lawyer who understands the nuances of marijuana possession defense.

Let Us Help

Marijuana possession can result in a very serious felony offense that can carry a sentence of incarceration. Fighting a marijuana possession charge requires a team of highly experienced drug possession lawyers to ensure you receive the best result possible. Let Tempe Criminal Lawyer’s and their knowledge of Arizona’s drug possession law guide you through the process. The legal battle ahead will be led by strong representation and diligence.