Even if you are a first-time offender, if you get arrested for drug possession in Arizona you can face some serious consequences. These penalties are severe whether you are charged with drug possession with the intention to sell or distribute or if you are caught with drugs for personal use. The evidence that is brought against you, the quantity of drugs, and the configuration could lead to serious jail time with convection.
If you’re caught in possession of drugs in Arizona, you should understand what charges you could face, the penalties, and other important information. Working with an experienced lawyer can help you dispute the charge and find ways to reduce your offense to one that has less severe penalties.
The laws in Arizona are very clear that you cannot use or knowingly possess illegal drugs. You’ll be likely charged with felony drug possession if you’re found under the influences or there are drugs near or with you. Drug laws are explicitly detailed and include the type and quantity of drugs that are prohibited and their punishment.
In Arizona, drug laws are placed into separate categories including marijuana, Dangerous Drugs, Narcotics Drugs, and Prescription Drugs. A few other categories also exist for drugs such as Peyote, Precursor Chemicals, Vapor Releasing Toxic Substances, and Nitric Oxide, but these are not as common, nor are crimes dealing with them.
Here is a look at the key provisions found in drug possession laws in the state below.
Arizona Revised Statutes Title 13, Chapter 34, Sections 3401-3421
Potential Penalties:
The penalties for possession of Marijuana are classified into three different levels of classification. The first level is the Class 6 felony as listed above if you are found with less than 2 pounds. It is considered a Class 5 felony if you have between 2 pounds and 4 pounds. Possession of Marijuana is a Class 4 Felony if you more than 4 pounds. Other penalties can include probation, jail, prison, and drug treatment depending on your background.
Under the ARS 13-3407 statute, it’s important to understand what is considered dangerous drugs. Common types of dangerous drugs include prescription drugs like Xanax, Valium, Klonopin, Soma, and Ambien. Amphetamines such as prescription Adderall and methamphetamines are also included. Steroids and testosterone that are taken without a prescription can also be considered dangerous drugs. There are 332 drugs listed in the Arizona Revised Statutes.
While possession of dangerous drugs is a felony (lowest level of a dangerous drug offense) there is other conduct that is strictly prohibited by the state statutes including:
If you are found with other conduct than just possession for personal use, your penalties are increasingly severe.
Controlled dangerous substances (CDS), which is how the state refers to illegal drugs are placed into 6 categories:
Mediical marijuna is legal in Arizona. But it is considered a crime for the recreational use of marijuana, non-medical cultivation of marijuana, and possession with intent to sell.
The presumption of sales occurs if there are certain levels of CDS that are found. The definition of this “threshold amount is found in A.R.S 13-3401 which defines it as the weight, market value, or other forms of measurement of an unlawful substance. Here are a few examples:
A drug offense conviction can make a negative impact on your life. Under state statute 13-3418, you could lose public benefits such as welfare benefits, scholarships or tuition waivers, public housing, or other subsidies that are provided by the state.
Proposition 200, lessened the penalties that first and second-time nonviolent drug offenders face. Offenders do not receive prison time until their third conviction. There is a mandatory drug treatment program (TASC) and a term of probation that is now considered the standard sentence. If probation is violated, jail time can be imposed.
If you are charged with drug possession, that doesn’t equal a conviction. An experienced attorney can use different defenses to serve your interest. They can help determine which defenses may apply. Some defenses can be used to challenge the stated facts, testimony, or evidence while others may point out procedural errors.
The more common defenses that are used in drug possession cases include: