Drug Possession Charges in Arizona

Drug Possession Charges in Arizona

A drug possession charge in Arizona can be complex and have far-reaching effects on your life.  These types of charges can result in jail time, probation, and fines. Additionally, you may be assigned to complete community service and/or a treatment program. Charges vary in severity depending on the type of drug involved, the amount of drugs that you were carrying, and your criminal history. This is why you will need an experienced attorney like the DUI Defense Team on your side. We can provide assistance, answer questions, and help you defend against the charges you face.

Drug Possession Based on the Type of Drug

Arizona has different classifications for drug possession depending on the type of drug. These are defined in Arizona Revised Statutes (ARS) 13-3401 and penalties are outlined in various other statutes.

Some of the types of drugs and applicable possession charges include:

  • Peyote: class 6 felony, unless there is a legitimate religious reason for possession/use (ARS 13-3402)
  • Prescription-Only Drugs: class 1 misdemeanor (ARS 13-3406)
  • Dangerous Drugs: class 4 felony, which can be reduced to a class 1 misdemeanor at the court’s discretion unless the drug was lysergic acid diethylamide (LSD), methamphetamine, phencyclidine (PCP), or amphetamine, or if the defendant has a previous conviction (ARS 13-3407)
  • Narcotic Drugs: class 4 felony (ARS 13-3408)

Possession for Sale

The charges listed in the previous section are for the most general type of drug possession or use. Harsher penalties apply if you possess a drug with the intent to sell it. The statutory threshold where intent to sell is presumed varies depending on the drug.

These thresholds are:

  • One gram of heroin
  • ¾ gram of crack cocaine
  • Nine grams of cocaine
  • Nine grams of methamphetamine
  • Nine grams of amphetamine
  • Four grams of PCP
  • ½ milliliter of LSD
  • A value of $1,000 for any drug not specified

You should be aware that while marijuana use is legal in Arizona under Proposition 207, sale by an individual without a license is still illegal. The threshold for intent to sell is 2 pounds of marijuana.

Possible Consequences of a Drug Possession Charge

While every case is different, once you have been charged with a drug crime it is important to understand what the consequences might be. Arizona has some very harsh drug laws that can result in felony charges even if you only possess a small amount of certain illegal substances. First-time offenders with no criminal background, if convicted of a non-violent drug charge, can likely expect probation and mandatory drug treatment. Jail time and fines are also possible. These criminal charges not only affect you now, but a felony charge can affect your entire life and the lives of your loved ones.

If you are convicted of a felony in Arizona, this can prevent you from civic duties such as voting in elections or serving on a jury. It can also prevent you from employment opportunities and from obtaining a commercial driver’s license. You will also not be able to conceal carry or possess a firearm.

Are You Facing Drug Possession Charges?

Our experienced attorneys can help you fight your drug possession charges. Contact us today for a free consultation.

2929 E. Broadway Blvd.
Tucson, AZ. 85716