Drug Possession

Drug Possession Charges in Arizona

Possession of Marijuana

Under A.R.S. § 13-3405, marijuana cannot knowingly be used or possessed; possessed in order to sell; produced; or transported within, or imported to, Arizona. The statute divides the penalties for each of these violations into three categories by weight: less than two pounds of marijuana, two to four pounds, or more than four pounds. The following chart summarizes the felony classifications associated with each violation by weight category:

Personal Use or Possession Possessed in order to Sell Personally Produced Transported within, or imported into, Arizona
Less than 2 lbs. Class 6 felony Class 4 felony Class 5 felony Class 3 felony
2 to 4 lbs. Class 5 felony Class 3 felony Class 4 felony Class 2 felony
More than 4 lbs. Class 4 felony Class 3 felony Class 3 felony Class 2 felony

Sentencing for any felony varies greatly depending on the circumstances of the crime and the criminal history of the Defendant.

Possession of Drug Paraphernalia

Under A.R.S. § 13-3415, It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a drug in violation of the Arizona Revised Statutes. It is also unlawful for any person to deliver, possess with intent to deliver, manufacture with intent to deliver, or publicize an advertisement for drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used for the previously listed purposes. Any person who violates § 13-3415 is guilty of a class 6 felony. Sentencing for a class 6 felony depends on the circumstances of the case and the criminal history of the Defendant.

narcotics charges in Phoenix

Possession of Narcotics

Narcotics includes cocaine, heroin, oxycodone, morphine, opium, and more. Under A.R.S. § 13-3408, a person shall not knowingly possess
or use a narcotic drug; possess a narcotic drug for sale; or transport for sale, import into the state, or offer to transport for sale or import into the state, sell, or transfer a narcotic drug. Possessing or using a narcotic drug is a class 4 felony. Possessing a narcotic drug for sale is a class 2 felony. Transporting for sale, importing into the state, or offering to transport for sale, import into the state, sell, or transfer a narcotic drug is a class 2 felony. Sentencing for any felony depends on the circumstances of the case and the criminal history of the Defendant. However, A.R.S. § 13-3408 (g) provides that in addition to any penalty associated with the felony charge, a person convicted of a possession of narcotics charge will be ordered to pay a fine of not less than $2,000 or three times the value of the narcotic drugs involved, whichever is greater.

Possession of Dangerous Drugs

Dangerous drugs include methamphetamines, LSD, steroids, psilocybic mushrooms, mescalin, GHB, ecstasy, clonazepam, and more. Under A.R.S. § 13-3407, a person shall not knowingly possess or use a dangerous drug; possess a dangerous drug for sale; or transport for sale, import into the state, or offer to transport for sale or import into the state, sell, or transfer a dangerous drug. Under most circumstances, possessing or using a dangerous drug is a class 4 felony. However, in some situations involving certain types of drugs and the criminal history of the Defendant, the court can change the offense to class 1 misdemeanor.

Possessing a dangerous drug for sale is a class 2 felony. Transporting for sale, importing into the state, or offering to transport for sale, import into the state, sell, or transfer a dangerous drug is a class 2 felony. Sentencing for any felony depends on the circumstances of the case and the criminal history of the Defendant; however, the court uses more severe sentencing guidelines if the violation includes certain types of dangerous drugs. A class 1 misdemeanor carries a maximum sentence of six months in jail, up to $2,500 in fines before surcharges, and up to three years of probation. In addition to any penalty associated with a conviction, a person convicted of a possession of dangerous drugs charge will be ordered to pay a fine of not less than $1,000 or three times the value of the dangerous drugs involved, whichever is greater. Contact us today for a free consultation.

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