In the state of Arizona, if you are caught using or in possession of a drug such as meth (methamphetamines) or other narcotics, you can be charged with a class 4 felony. This includes drugs like hallucinogenic drugs, prescription medications, and amphetamines.
What is Dangerous Drug Possession in Arizona?
According to Arizona Revised Statute, ARS 13-3407 prohibits the use and possession of dangerous drugs. It also prohibits:
- The sale of dangerous drugs.
- The possession of any chemical and supplies that are used in the production of making drugs.
- The manufacturing of dangerous drugs.
- Giving the drugs to someone else, regardless of whether or not you made a profit off of it.
- Getting dangerous drugs by misrepresentation, deceit, and fraud.
- Transporting the drugs into Arizona or within the state.
What are the dangerous drugs outlined in this law? Well, they are broken down into several categories, and they are:c
- Any type of amphetamines, this includes meth.
- Any type of hallucinogenic substance. For example, acid and mescaline.
- Any type of drug that gives off a depressant effect on the central nervous system.
- Any anabolic steroids. This includes the use of testosterone.
One important thing to remember in the state of Arizona is that if you have any drug, no matter what form it is in, it is illegal to possess unless you have a doctor’s written prescription. In certain ways the laws are worded, you could have a small ingredient of a particular drug that could make you responsible for having the drug in your possession. You could face punishment for it just like you would if you had the entire drug in front of you.
Here at DM Cantor, we see these types of felony drug charges frequently and can help you to get your drug charge dismissed, reduced, or another positive outcome. We have many years of experience in drug cases and can help you to beat your charges. If you have been charged with possession of drugs for sale or transporting drugs in Arizona, contact our office today so that we can help you.
What are Possible Punishments for Possession of Dangerous Drugs
If you are caught with a dangerous drug, you may be charged with a class 4 felony. However, if you have not had past felony convictions, and the drug was not meth, you may only be charged with a class 1 misdemeanor. If you qualify under Arizona’s Proposition 200, you may only have to serve probation time instead of jail time. Keep in mind the only way that you can do this is if your drug charge is not meth, and you have had a relatively clean record.
If you are caught possessing drugs for sale, administering them, or manufacturing them, you may be charged with a class 2 felonies. If you are caught transporting or transferring dangerous drugs, that is also a class 2 felony. If you are caught with the materials and the supplies to make meth, you will be charged with a class 2 felony. If you have chemicals and supplies to make drugs other than meth, you may be charged with a class 3 felony. This is also the case if you sell or receive drugs by fraud.
If you are charged with a class 4 felony, you may be looking at between 1 to 3 years in prison, probation, and other punishments. If this is not your first felony, your punishment may be more severe. Punishment for class 3 and class 2 felonies are more severe and will require you serving more prison time.
First Time Drug Charge Offenders
Sometimes, we find ourselves in the wrong situation at the wrong time. We may have been coerced into trying drugs, or we may have just wanted to see what it was like. Fortunately, Arizona can be a little more lenient with first-time offenders. If you have been charged with a first offense drug charge, you will have the option of going into a drug treatment program. One of the drug treatment programs is the Treatment Assessment Screening Center. This program will focus on you getting better instead of putting you in jail. At DM Cantor, we are very experienced with first-time offenders and can help you get treatment instead of serving prison time.
Marijuana Laws in Arizona
Marijuana laws in Arizona are a bit different than dangerous drug laws. ARS 13-3405 states that:
- Marijuana cannot be used or possessed without a prescription Medical Marijuana Card issued by a doctor.
- Marijuana cannot be sold by an individual.
- Marijuana cannot be grown without a prescription Medical Marijuana Card issued by a doctor.
- Marijuana cannot be transported or imported out of the state of Arizona.
How Much Jail Time Can You Get for The Possession of Drugs: Marijuana?
The penalties for Possession of Drugs / Marijuana are determined by several different things. This will include how much was possessed. The state divides penalties into three different categories, under two pounds, two to four pounds, and over four pounds.
Under Two (2) pounds
- A class 6 felony if it is found to be used only for personal use.
- A class 4 felony if you are caught with possession of marijuana for sale.
- A class 5 felony if you grew it yourself.
- A class 3 felony if you have been caught bringing it into Arizona.
Two (2) to four (4) pounds
- Class 5 felony if you are using for personal use only.
- Class 3 felony if you are selling.
- Class 4 felony if you have grown it yourself.
- Class 2 felony if you have imported the marijuana into Arizona.
Four (4) or more pounds
- Class 4 felony if it is personal use only.
- Class 2 felony if you are caught selling.
- Class 3 felony if you have grown it yourself.
- Class 2 felony if you have transported it into Arizona.
Getting the Right Legal Representation for Possession of Drugs Charges in Arizona
In Arizona, possession of marijuana offenses can be reduced to just a class 1 misdemeanor with the help of our law firm. If you go into an education or drug treatment program, you may get your charges dismissed. During your treatment program, you will need to take drug tests to ensure that you are not on anything. Once you have completed the program, you will be able to get your charges dismissed. In some cases, you will just serve probation time for this charge. Making sure that you hire an experienced legal team is essential.
No matter if you have been charged with the possession of dangerous drugs, or a drug like marijuana, you need an experienced legal team by your side. Some people might think that they would be better off representing themselves, but the truth is that if you do that, you will more than likely end up in prison. You do not know all the ins and outs of the law like an experienced legal team does. It is important to allow an experienced group of lawyers help to represent your case. They may be able to get your charges reduced or even dismissed.
At the DM Cantor, we are proud to offer services in the state of Arizona. We can help you to get the best possible outcome for your court hearing. We may even be able to help you to get your charges dismissed altogether (see our Arizona drug crime case victories). We know how difficult this time can be in your life, and we will work hard to ensure that you can go back to your normal routine as soon as possible. Call us today if you are faced with a drug conviction.