Drug Possession In Arizona

Charged With Drug Possession in Arizona? Everything You Need To Know.

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.

Drug Possession Laws in Arizona

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.

Arizona Drug Statues

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:

  • Dangerous Drug Classification: Considered a Class 4 felony; could be reduced to a Class 1 misdemeanor if there are no previous convictions of a felony and the drug found in possession was not an amphetamine such as meth; Fine of at least $2,000 or three times the value of the substance (whichever is more); If no prior convictions, 0 to 1 year in jail, otherwise up to 3.75 years in prison if there are prior convictions
  • Narcotic: If found in possession of a narcotic such as cocaine, it is considered a Class 4 felony; could be reduced to a Class 1 misdemeanor if there are no previous convictions; Fine of at least $2,000 or time times the value of the substance (whichever is more); If no prior convictions, 0 to 1 year in jail, otherwise up to 15 years with 2 prior convictions
  • Marijuana (found with less than 2 pounds): The state statute that governs Marijuana is A.R.S. 13-3405; Considered a Class 6 felony if it is found to be for personal use and can be reduced to a misdemeanor; otherwise if it was found to be personally produced, is a Class 5 felony; if the marijuana is for sale, considered a Class 4 felony; Fine of at least $2,000 or three times the value of the substance (whichever is greater); If no prior convictions, 0 to 1 year in jail, otherwise up t3.75 years if there are prior convictions

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.

Dangerous Drugs Charges

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:

  • Transporting or importing dangerous drugs for sale
  • Obtaining Dangerous drugs by fraud or deceit
  • Administering dangerous drugs
  • Manufacturing dangerous drugs
  • Possession of equipment or chemicals used for manufacturing dangerous drugs
  • Possess of a dangerous drug for sale

If you are found with other conduct than just possession for personal use, your penalties are increasingly severe.

How Drugs are Classified in Arizona

Controlled dangerous substances (CDS), which is how the state refers to illegal drugs are placed into 6 categories:

  • Marijuana
  • Peyote
  • Prescription drugs
  • Dangerous drugs
  • Narcotic drugs
  • Substances that emit toxic vapors

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:

  • 2 pounds of marijuana
  • 9 grams of amphetamine (includes amphetamine in liquid suspension)
  • 9 grams of methamphetamine (includes methamphetamine in liquid suspension)
  • 4 grams or 50 milliliters of PCP
  • 9 grams of cocaine
  • 1 gram of heroin

The Penalties related to Drug Possession

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.

Potential Drug Possession Defenses

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:

  • Unlawful search and seizure - This 4th Amendment right from the Constitution gives the guarantee of the right to due process. This includes lawful search and seizure procedures before an arrest.
  • Did not know about the drug - The state must prove that you knew of the drugs. But if you lacked the knowledge of where the drugs were then you can’t be convicted.
  • Medical marijuana - If it is clear that the drug can from a licensed medical marijuana dispensary and you are considered a “qualifying patient”, this defense can be used against a state law charge. In order to use this defense, you must be arrested on possession charges of less than 2.5 ounces.
  • Religious use - Can be used in the affirmative defense to peyote possession if it was used for religious purposes and was not at the threat of the community.
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