A Class 6 felony marijuana possession charge filed in Maricopa County Superior Court just days before Proposition 207 reshaped Arizona marijuana law could have produced a permanent felony record and prison exposure. Future First pressed the case under the new framework and the State filed a Motion to Dismiss.

At a glance

Court	Maricopa County Superior Court
Original charge	Possession or Use of Marijuana (ARS § 13-3405(A)(1)), Class 6 Felony
Presumptive exposure	4 months to 2 years of prison (presumptive 1 year), aggravated maximum 2 years, supervised probation eligibility, fines up to $150,000 plus 78% surcharge, restitution, permanent felony record, lifetime collateral consequences including firearm possession
Result	State filed Motion to Dismiss; court granted dismissal in 2020
Conviction	None
Eligibility for set aside	N/A (no conviction)
Eligibility for sealing	Immediate under ARS § 13-911 in 2020 (case ended in dismissal)

The stakes

The client faced a Class 6 felony for Possession or Use of Marijuana under ARS § 13-3405(A)(1) at Maricopa County Superior Court. The State filed by Direct Complaint, alleging an amount of marijuana with a weight of less than two pounds.

A Class 6 felony conviction carries 4 months to 2 years of prison, supervised probation eligibility, fines up to $150,000 plus 78% surcharge, restitution, a permanent felony record, and lifetime collateral consequences for employment, housing, immigration, and civil rights including firearm possession.

The case was filed in early November 2020, days before Arizona voters approved Proposition 207 to legalize possession of small amounts of marijuana. That timing turned out to matter.

What we did

After Future First filed Notice of Appearance, Request for Discovery, and pressed the State on the proof in light of the new Proposition 207 framework, the State filed its own Motion and Proposed Order to Dismiss. The court granted the dismissal in early December 2020.

No conviction was entered. No prison, probation, or fine was imposed. Under ARS § 13-911, the arrest record is eligible for sealing immediately upon dismissal in 2020.

What our clients say

Future First Criminal Law has earned hundreds of five-star reviews from clients across Arizona. Read our verified Google reviews or see what past clients have said on our client reviews page.

If you’re facing a felony drug charge in Arizona

Arizona’s drug statutes under ARS § 13-3405 and ARS § 13-3415 cover a wide range of conduct, and the State files most personal-use drug cases at the felony level even when the quantity is small. Proposition 207, approved by voters in November 2020, legalized possession of up to one ounce of marijuana by adults and created a path to expunge prior marijuana convictions. The legal landscape for marijuana cases changed dramatically overnight.

Felony drug cases filed before November 30, 2020, that fell within the new Proposition 207 limits became eligible for dismissal under the new framework. Felony drug cases filed after that date involving conduct now legalized are typically dismissed at the prosecutor’s office before they ever reach the court. Cases filed in the narrow window between the State’s original charge and the Proposition 207 effective date required fast defense work to take advantage of the change.

Future First Criminal Law has handled felony drug cases across Maricopa County and Arizona, including pre- and post-Proposition 207 marijuana cases. We know how the dismissal motions get framed under the new law and how to position the case for the cleanest possible outcome.

Related resources

Arizona criminal defense — full overview of how we handle felony and misdemeanor charges
Set aside and sealing in Arizona — how to clean up your record after a felony case

Call us

Facing a felony drug charge in Arizona? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of felony cases across Arizona. The earlier we are involved, the more options you have.

Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona drug law and Proposition 207, visit the Arizona State Legislature website.