Two stacked Class 1 Misdemeanor drug charges at a Yuma County justice court could have produced two drug-offense convictions and a permanent record for paraphernalia and marijuana. Future First pushed the State on the proof and both counts dismissed just as Proposition 207 reshaped Arizona marijuana law.

At a glance

Court	Wellton Justice Court (Yuma County)
Original charges	Attempted Possession of Marijuana (ARS § 13-1001 and ARS § 13-3405(A)(1)), Class 1 Misdemeanor; Attempted Possession of Drug Paraphernalia (ARS § 13-1001 and ARS § 13-3415(A)), Class 1 Misdemeanor
Presumptive exposure per count	Up to 180 days jail, up to $2,500 fine plus surcharges, up to 3 years probation, permanent criminal record
Result	Both counts dismissed in full on State’s Motion to Dismiss in late 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 two Class 1 Misdemeanor charges at a Yuma County justice court in 2020: Attempted Possession of Marijuana under ARS §§ 13-1001 and 13-3405(A)(1) and Attempted Possession of Drug Paraphernalia under ARS §§ 13-1001 and 13-3415(A).

Each count carried up to 180 days jail, fines up to $2,500 plus surcharges, up to 3 years probation, and a permanent criminal record affecting employment, housing, immigration, and licensing. Drug convictions also trigger collateral consequences distinct from generic misdemeanors, including separate flags on professional licensing applications and immigration consequences for non-citizens.

What we did

After Future First filed Notice of Appearance, demanded discovery, and pushed the State on the proof issues, the State filed its own Motion to Dismiss and the court granted the order in late 2020. Both counts dismissed in full.

No conviction was entered. No jail, fine, or probation was imposed. The case closed just as Proposition 207 was reshaping Arizona marijuana law. Under ARS § 13-911, the client is eligible to seal the arrest record immediately upon dismissal in 2020.

What our clients say

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If you’re facing drug charges in Arizona

Arizona’s drug statutes cover possession, use, sale, manufacturing, and transportation of marijuana (ARS § 13-3405), dangerous drugs (ARS § 13-3407), narcotic drugs (ARS § 13-3408), and drug paraphernalia (ARS § 13-3415). The State files most personal-use drug cases at the felony level even when the quantity is small, but smaller-quantity matters can land in justice court or municipal court at the misdemeanor level.

Drug paraphernalia under ARS § 13-3415 covers a broad set of items: pipes, scales, baggies, grinders, syringes, and anything else designed for use with a controlled substance. Paraphernalia counts frequently get stacked on top of a possession charge to compound the exposure. When defense work forces dismissal of the underlying possession count, the paraphernalia count often falls with it.

Proposition 207, approved by voters in November 2020, legalized possession of up to one ounce of marijuana by adults. Marijuana cases pending at that moment became eligible for dismissal under the new framework. Cases involving conduct now legal are typically declined or dismissed before they reach trial.

Future First Criminal Law has handled drug cases across Maricopa County and Arizona, including pre- and post-Proposition 207 marijuana matters. We know how justice courts and municipal courts handle drug-related Motions to Dismiss, and how to position a 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 drug case

Call us

Facing a drug charge in Arizona? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of drug 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.