Drug Possession – Arizona

Arizona Drug Possession Lawyer

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What is Possession of a Dangerous Drug?

ARS 13-3407 prohibits a person from knowingly possessing or using a dangerous drug. Arizona law provides a lengthy list of what qualifies as a dangerous drug, but most often, these cases involve methamphetamine, cocaine, fentanyl, opium, mushrooms, and other types of prescription painkillers and antidepressants. A violation of this statute is very serious and is a Class 4 felony. If the drug involved in the case is not methamphetamine or amphetamine, and you have never been convicted of a felony, the judge will have the option of classifying the charge down to a class 1 misdemeanor.

Proposition 200 & Possession or Use of Dangerous Drugs

In 1996, Arizona voters passed Proposition 200. Under Prop 200, judges are prohibited from sending first- or second-time nonviolent drug offenders to prison, even if these convictions are for felony offenses. The judge may only sentence the defendant to a term of probation and mandatory drug treatment.

In various Arizona courts, a program called TASC is sometimes utilized to help defendants earn a dismissal of their drug charges.  TASC is an adult deferred prosecution program that takes one to two years to complete. During TASC, you will be required to complete group counseling, self-help meetings, and substance abuse counseling. You will also be subject to random urine tests. The total fees for this program run between $2,000 to $2,500. It is imperative that you hire an experienced Arizona drug possession attorney who can help you navigate the TASC program and its strict requirements. Once TASC is completed, your case will be completely dismissed.

If you have any prior drug conviction for sale or transportation of drugs, promoting prison contraband, driving under the influence of drugs, or any methamphetamine drug-related offense, then you are ineligible under Prop 200 and could face jail and/or prison time.

Non-Prop 200 Punishments

If you are not eligible under Prop 200, then the following sentence could be imposed for the possession or use of dangerous drugs, which is a Class 4 felony:

• First offense: Probation with up to 1 year in jail; If the judge orders prison then 1 to 3.75 years in prison
• Second offense: 2 to 7.5 years in prison
• Third offense: 6 to 15 years in prison

In addition to probation and possible jail/prison time, you will be subject to fines, court-ordered counseling, and community service hours. Also, if the amount of drugs in your possession is greater than the statutory “threshold” amounts, you could be charged and prosecuted for possession with the intent to sell.

Possession of Drug Paraphernalia Arizona

Arizona Drug Paraphernalia Laws

If you are not eligible under Prop 200, you will be sentenced to a Class 6 felony for possession of drug paraphernalia.

You could face the following punishments:

• First offense: Probation with up to 1 year in jail; if the judge orders prison then 4 months to 2 years in prison
• 1 historical prior felony conviction: 9 months to 2.75 years in prison
• 2 historical prior felony convictions: 2.25 years to 5.75 years in prison

Arizona Possession with Intent to Sell Laws

Under ARS 13-3407(A)(2) and ARS 13-3407(A)(7), it is unlawful to knowingly possess or transport a dangerous drug for sale. In determining whether someone is possessing or transporting a drug for sale, the State looks at the amount of drug in their possession. If the amount of drug in the person’s possession meets or exceeds the “threshold amount” defined in the statute, it is presumed that the person possessed the drug with the intent to sell them.

Arizona Drug Sale Possession Threshold

The following are the threshold amounts defined in Arizona law by the type of drug:

• Methamphetamine: 9 grams
• Powdered cocaine: 9 grams
• Rock cocaine: 3/4 gram
• Heroin: 1 gram
• LSD: 1/2 milliliter or 50 dosage units in blotter form
• PCP: 4 grams or 50 milliliters
• Marijuana: more than 2 pounds

Even if the threshold amount is not met, the prosecution will look at other factors to try to prove you had the intent to sell.

Arizona Penalties for Possession/Transportation of Drugs for Sale

If the amount was below the threshold amount:

• First offense: Probation with up to 1 year in jail (if probation, you will be required to complete 240 hours of community service). If the judge orders prison, then 3 to 12.5 years in prison.

If the amount is above the threshold amount:

• First offense: 3 to 12.5 years in prison
• 1 prior felony conviction: 4.5 to 23.25 years in prison
• 2 prior felony convictions: 10.5 to 35 years in prison

Arizona Drug Crimes Attorney