Arizona law is clear: you cannot knowingly possess or use illegal drugs. If you are discovered under the influence, or with drugs on or near you, it’s likely you’ll be charged with felony drug possession. The state’s drug laws are very detailed, listing the type and quantity of drugs that are prohibited, as well as the corresponding punishment. Drug possession penalties in Arizona depend on the type of substance possessed, prior criminal history, and whether you’re being charged for personal-use simple possession or possession with intent to sell.
In Arizona, drug crimes are harshly punished. Being found guilty could result in substantial jail time and high fines, among other penalties. The criminal justice system is geared to convict. The prosecution will do everything legally possible to win their case. That is why you need an Arizona drug crimes attorney on your side who knows how to find weaknesses in the other side’s arguments and develop a solid strategy on your behalf. You should turn to Oliverson Law PLLC for legal advice and advocacy. Click: https://oliversonlaw.com/contact-us/
Classification of Drugs in Arizona
Arizona State law divides illegal drugs, referred to as controlled dangerous substances (CDS), into 6 categories: marijuana, peyote, prescription drugs, dangerous drugs, narcotic drugs, and substances that emit toxic vapors. Although medical and recreational marijuana is legal in Arizona, the possession with intent to sell, and the non-medical cultivation of marijuana are still serious crimes.
Elements of the Crime
All crimes carry a burden of proof that must be established for a guilty verdict. The crime of possession of a narcotic drug requires the state prosecutor to prove beyond a reasonable doubt the following two statements:
1. The defendant knowingly possessed a narcotic drug.
Simply being present where drugs are found is not enough for a conviction of possession. There must be evidence linking you to the drugs so it can reasonably be inferred that you knew about the drug’s existence. Plus, the prosecutor must show that you exercised control over the drugs. A ‘usable quantity’ is not an element of the possession offense nor necessary to sustain a conviction for possession.
2. The substance was in fact a narcotic drug.
The prosecutor also must clearly show that the recovered substance contains a recognized dangerous drug. The drug needs to be tested by a forensic scientist and that same scientist must later testify that the recovered substance is a dangerous drug.
Drug Possession Penalties
A conviction for any drug offense can seriously impact your life. In addition to fines and jail time, you can lose many public benefits. This includes any money or services provided by this state for scholarships or tuition waivers, welfare benefits, public housing or other subsidies.
Being charged with drug possession doesn’t mean that you will be convicted. There are a variety of defenses an attorney can raise on your behalf. At Oliverson Law DUI & Criminal Defense, our Arizona drug crime lawyers have an experience that is beyond the usual.
Call our firm at (480) 582-3637 or contact us online for a free initial case consultation with our team.