Interviewer: What are the major illegal drugs that you run into that people get arrested for, either on possession or intent to distribute?
Michael Munoz: The most common drug that people are arrested for in Arizona is marijuana. After that, the other drugs you’re going to see are methamphetamine, cocaine, and prescription drugs. Illegal possession of prescription drugs is very common as well right now. But I would say marijuana is by far the most common drug that people are arrested for in Arizona.
Common Drug Offenses in the State of Arizona
Interviewer: Of the cases you see, are most of them possession or intent to distribute?
Michael Munoz: We see a wide range. The most common offense for drugs and marijuana is just a normal possession of marijuana – the classic felony. But it is very common because of where we are, near the border, that my office does see a lot of marijuana transportation for sale cases and conspiracy to sell marijuana cases.
The Impact of Medical Marijuana on Drug Legislation in Arizona
Interviewer: Now, Arizona has medical marijuana. Has it changed any of the laws surrounding possession and intent to distribute?
Michael Munoz: No. Medical marijuana allows people to have a certain amount of marijuana in their possession, if they have a medical marijuana card and if they have the government license. Marijuana is still a Class Six felony if you are in possession of marijuana and you don’t have the medical marijuana card. It is still a felony, and Arizona prosecutors are still aggressively prosecuting people who are in the possession of marijuana without a medical marijuana card.
It is Prudent to Have Your Medical Marijuana in Your Possession at All Times
Interviewer: If you do have a card, do you literally have to have a card on you or can you just leave it at home?
Michael Munoz: If you do have a medical marijuana card, I think it’s probably prudent to have it on you, just like you would your identification. If you don’t have it on you, you can expect to get arrested. Obviously if you have a valid medical marijuana card at the time of the arrest, I think you have a very defensible case to show that you legally had the right to have that marijuana at the time, but I still think someone should carry that on them if possible.