The state of Arizona has stringent laws when it comes to prohibition on the use or possession of dangerous drugs. If you are found under the influence or in unlawful possession of controlled substances, you are likely to face legal consequences.
The state’s drug laws are very detailed. It lists the type and quantity of prohibited drugs and their corresponding punishment. Drug possession penalties in Arizona depend on the type of substance possessed, prior criminal history, and whether you’re charged for personal-use simple possession or possession with intent to sell. Here’s what you need to know about drug possession laws in Arizona.
Overview of Arizona Drug Possession Laws
Below, you will find key provisions of Arizona’s drug possession laws.
Arizona Statutes
Classification of Drugs in Arizona
State law divides illegal drugs, referred to as controlled dangerous substances (CDS), into six types of drugs. They are as follows:
- Marijuana
- Peyote
- Prescription drugs
- Dangerous drugs
- Narcotic drugs
- Substances that emit toxic vapors
There are threshold levels for CDS that, if met, create a presumption of sales. This exposes you to a mandatory prison term even without further evidence of sales and regardless of a lack of prior criminal history. The law defines threshold amount as a weight, market value, or other form of measurement of an unlawful substance as follows:
- 1 gram of heroin
- 9 grams of cocaine
- 4 grams or 50 milliliters of PCP
- 9 grams of methamphetamine, including methamphetamine in liquid suspension
- 9 grams of amphetamine, including amphetamine in liquid suspension
- 2 pounds of marijuana
Arrest for drug possession in Arizona is no joke. If you're facing criminal drug charges and serious penalties, consider speaking with an Arizona drug crimes attorney for legal advice and representation.
Elements of the Crime
Getting arrested for drug possession isn't an automatic conviction. 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
Being present where law enforcement found drugs is not enough for a conviction of possession. There must be evidence linking you to the drugs. 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 show that the recovered substance contains a recognized dangerous drug. Forensic scientists have to test the drugs. That same scientist must later testify that the substance is a dangerous drug.
Drug Possession Penalties
A conviction for any drug offense can impact your life. In addition to fines and jail time, you can also lose access to public benefits. This includes the state's money or services for scholarships, tuition waivers, welfare benefits, public housing, or other subsidies.
After Arizona passed Proposition 200, in 1996, judges could no longer send first- or second-time nonviolent drug offenders to prison. The standard sentence is a term of probation and mandatory drug treatment (TASC Program). However, if the offender violates the terms of probation, the state may impose a jail term.
The following table contains the summary of penalties for drug-related offenses in Arizona. Sections 13-3407 and 13-702 of Arizona Revised Statutes provide the following:
Description of the Offense
|
Class of Felony
|
Prison Sentence
|
Additional Notes
|
---|
Possession or use of dangerous drugs
|
Class 4 felony
|
Mitigated: 1 year
Minimum: 1.5 years
Presumptive: 2.5 years
Maximum: 3 years
Aggravated: 3.75 years
|
The state may reduce the prison sentence to Class 1 misdemeanor after successful probation if the offense does not involve methamphetamine, amphetamine, phencyclidine, or LSD and the person does not have prior felony convictions.
|
---|
Possession of dangerous drugs intended for sale
|
Class 2 felony
|
Mitigated: 3 years
Minimum: 4 years
Presumptive: 5 years
Maximum: 10 years
Aggravated: 12.5 years
|
The person is not eligible for probation if the drug quantity is equal to or more than the statutory threshold.
|
---|
Possession of equipment or chemicals for manufacturing a dangerous drug
|
Class 3 felony
|
Mitigated: 2 years
Minimum: 2.5 years
Presumptive: 3.5 years
Maximum: 7 years
Aggravated: 8.75 years
|
The penalty becomes a Class 2 felony if the drug involved is methamphetamine.
|
---|
Manufacturing of dangerous drugs
|
Class 2 felony
|
Mitigated: 3 years
Minimum: 4 years
Presumptive: 5 years
Maximum: 10 years
Aggravated: 12.5 years
|
|
---|
Administration of dangerous drugs to another person
|
Class 2 felony
|
Mitigated: 3 years
Minimum: 4 years
Presumptive: 5 years
Maximum: 10 years
Aggravated: 12.5 years
|
The penalty increases if a person administers the drug to a minor under 18 years old without the minor's consent and the drugs involved are flunitrazepam, GHB, or ketamine.
|
---|
Procurement of dangerous drugs by fraud
|
Class 3 felony
|
Mitigated: 2 years
Minimum: 2.5 years
Presumptive: 3.5 years
Maximum: 7 years
Aggravated: 8.75 years
|
|
---|
Transportation for the sale, import, sell, or transfer of a dangerous drug
|
Class 2 felony
|
Mitigated: 3 years
Minimum: 4 years
Presumptive: 5 years
Maximum: 10 years
Aggravated: 12.5 years
|
The person cannot apply for probation if the drug quantity meets or exceeds the statutory threshold.
|
---|
For offenses involving methamphetamine:
Description of the Offense
|
Class of Felony
|
Prison Sentence
|
---|
First offense involving methamphetamine
|
Class 2 felony
|
Minimum: 5 years
Presumptive: 10 years
Maximum: 15 years
|
---|
Repeat offenders of methamphetamine-related offenses
|
Class 2 felony
|
Minimum: 10 years
Presumptive: 15 years
Maximum: 20 years
|
---|
Methamphetamine crimes carry extra weight under Arizona law. ARS 13-3407(F) states that a person convicted of offenses involving methamphetamine is not eligible for probation, suspension of sentence, pardon, or release from confinement until they've served the sentence provided by the court.
Defenses for Drug Possession Charges
There are a variety of defenses an attorney can raise for drug possession charges. Some defenses challenge the facts, testimony, or evidence in the case. Others target procedural errors, such as search and seizure violations. There are also affirmative defenses that negate criminal liability, such as the right to use the drug. The following are some of the more common defenses to drug possession:
- Lack of knowledge - The state must prove there was known possession of the narcotic drugs and that you were aware of both the presence of the drug and its illegal nature
- Illegal search - The Fourth Amendment to the U.S. Constitution protects you against unlawful searches and seizures. If law enforcement officers search your home without a valid warrant or the search does not fall under a valid exception to the warrant requirement, the court may exclude any evidence they obtain from the illegal or unlawful search.
- Medical marijuana - For a state law charge, this is an affirmative defense for those arrested on possession charges of less than 2.5 ounces if they can show the drug came from a licensed medical marijuana dispensary and that the defendant is a qualifying patient.
- Religious use - This affirmative defense applies to peyote possession. A person can use this defense if they use the drug for religious purposes or as part of a religious exercise, and it does not pose a threat to the community.
Recent Legislation in Arizona Concerning Controlled Substances
In 2020, Arizona passed a law allowing for the expungement of certain marijuana-related offenses. The law took effect on July 12, 2021. It allows individuals to file a petition in court for expungement. This applied if they were arrested, adjudicated, charged, convicted, or sentenced to certain marijuana offenses that happened before the law’s effectivity date.
Included among the offenses that qualify for expungement are as follows:
- Transportation or possession of marijuana for up to 2.5 ounces
- Cultivation of up to six marijuana plants for personal use
- Possession of related drug paraphernalia
This recent legislation reflects the vital shift in Arizona’s approach when it comes to marijuana-related offenses. It also aligns with the state’s legalization of recreational use of marijuana for people 21 years and older.
Protect Your Rights: Seek Legal Advice From Criminal Defense Attorney
Facing criminal charges can be overwhelming and daunting. It can have significant legal consequences that can impact your reputation and future.
If you find yourself facing drug possession charges or any other crime related to drug possession, it is best to seek legal advice from a criminal defense lawyer. They can provide the guidance you need to protect your rights. Criminal defense lawyers specializing in drug crimes can also give you a better understanding of your case and the best possible outcome that you can have.
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