Possession of a controlled substance is not an automatic felony conviction. Law enforcement officials consider various factors when issuing a drug charge and penalty, including the type of drug and the quantity involved.
This article provides a comprehensive overview of cocaine-related laws in Arizona. It provides insights into how these laws classify cocaine and the penalties for its possession and sale.
Schedule of Controlled Substances
Arizona law considers cocaine as a narcotic under Schedule II. This indicates cocaine’s high potential for drug abuse and dependence. Other controlled substances under Schedule II are opium and opiates, morphine, methamphetamine, and oxycodone.
Penalties for Possession and Sale of Cocaine in Arizona
The Arizona Revised Statute prohibits the illegal possession of any amount of cocaine. It's important to understand how Arizona law defines possession. Under this statute, possession means having the ability to control or knowingly having control over the substance.
Possession and Use of Cocaine
The severity of the penalty for cocaine possession varies on the amount of drug involved. If a person has less than 9 grams of cocaine, the law considers it a Class 4 felony. A person convicted of a Class 4 felony could face one year to 3.75 years of jail time and other fines. Cocaine possession charges can reach up to three times the value of the cocaine involved or up to $2,000, whichever is greater.
Possession of Cocaine with Intent to Sell
The laws look at possession of cocaine with intent to sell as a more severe drug offense. Arizona law classifies it as a Class 2 felony. It also involves harsher penalties than simple possession for personal use.
Under Arizona law, the prison sentence for Class 2 felony ranges from 3 years up to 12.5 years. The severity of the drug charge for possession with intent to sell reflects the high risk posed by this act to the community.
- The laws presume possession of cocaine with intent to sell from the quantity of dangerous drug found in the person’s possession. In Arizona, the threshold amount for cocaine is 9 grams.
Aggravating factors could also influence the fines and penalties. Repeat offenders or those with prior felony convictions face harsher penalties than first-time offenders. If cocaine-related charges involve a minor or if the sale occurred within specified zones like schools or churches, it could increase the penalties and fines.
To learn more about the penalties associated with possession of narcotic drugs, consult an Arizona drug crime lawyer near you.
Note: Arizona state laws change through the passage of new laws, rulings in the higher courts, ballot initiatives, and other means. It's best to consult an attorney to understand how these laws apply to your unique situation.
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Charged With a Drug Crime? Talk to an Experienced Attorney
Arizona has a stringent approach when it comes to drug offenses. Understanding the consequences of these charges, whether misdemeanors or felonies, can be overwhelming and challenging. When this happens, it is best to seek legal advice from a criminal defense attorney.
A skilled criminal defense lawyer works with your criminal history and other related offenses. They can guide you in understanding Arizona cocaine laws and the possible defense strategies to help you avoid prison time.