How Does Arizona Penalize Drug Possession?
A drug possession charge in Arizona depends heavily on the substance, the amount, and whether it’s your first offense — here’s how that math plays out.
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What Are the Penalties for Drug Possession in Arizona?
Possessing dangerous drugs (ARS 13-3407) or narcotic drugs (ARS 13-3408) is a class 4 felony in Arizona. Some dangerous-drug cases can be treated as a class 1 misdemeanor if you have no qualifying priors and the drug is not meth, amphetamine, LSD or PCP. Paraphernalia is typically a class 6 felony.
Intro
Arizona has stringent laws concerning the possession, sale, and distribution of controlled substances. These offenses carry severe penalties that can significantly impact an individual’s personal and professional life.
Drug Possession Laws in Arizona
Arizona law distinguishes between different types of drug possession, primarily based on the class of drug involved – dangerous drugs, narcotic drugs, and marijuana.
- Dangerous Drugs: As per ARS §13-3401, dangerous drugs include substances like methamphetamines, LSD, mescaline, and certain prescription drugs like clonazepam and diazepam. Under ARS §13-3407, possession or use of these drugs is a class 4 felony. However, if a defendant has no prior felony or dangerous or narcotic drug convictions and the drug is not methamphetamine, amphetamine, LSD, or PCP, the court may, on the State’s motion, treat it as a class 1 misdemeanor.
- Narcotic Drugs: Narcotic drugs under ARS §13-3401 include drugs like heroin, cocaine, oxycodone, and morphine. Possession or use of narcotic drugs, under ARS §13-3408, is deemed a class 4 felony.
- Marijuana: Possession of marijuana is governed by ARS §13-3405. While Arizona voters have approved the possession and use of recreational marijuana for adults 21 and older, illegal possession, sale, or cultivation still carries criminal penalties. The severity of the penalties depends on the quantity in possession.
- Drug Paraphernalia: Possessing drug paraphernalia – any object used to consume illegal substances, such as pipes, needles, or bongs – is illegal under ARS §13-3415 and is typically charged as a class 6 felony.
Drug Laws Across Arizona Cities
The enforcement of drug laws can vary across different cities in Arizona such as Phoenix, Tucson, Mesa, Chandler, Glendale, Scottsdale, Gilbert, Tempe, Peoria, and Surprise. However, all cities adhere to the state’s strict drug possession laws, and any drug-related charge is treated with utmost seriousness. Depending on where the offense is charged can determine the type of impact it has on the offender. For instance, the Scottsdale City Court hears only misdemeanor drug charges, such as possession of a prescription-only drug. However, many times when the drugs are higher in quantity, over the threshold, or involve a certain type of offense, the Maricopa County Attorney’s Office will take on the matter instead. Many times, this can be due to resources or the severity of the crime.
Defenses Against Drug Possession Charges
Building a defense in drug possession cases is crucial, and the strategy will largely depend on the specifics of the case. Some common defenses include challenging the legality of the search that led to the discovery of drugs, arguing that the drugs belonged to someone else, or that the accused was unaware of the presence of drugs.In some cases, if the accused is a first-time offender or someone with a minimal criminal history, an experienced attorney can negotiate for alternative sentencing options, such as drug diversion programs.
Importance of Legal Representation
If you’re facing drug possession charges in Arizona, it’s crucial to consult with an experienced criminal defense attorney. Tamou Law is well-versed in Arizona drug laws and has extensive experience defending clients across various cities, including Phoenix, Tucson, Glendale, Peoria, and others.A skilled attorney can evaluate the specifics of your case, guide you through the complexities of the legal system, and develop a robust defense strategy to protect your rights and minimize the potential consequences. Call 623-321-4699 now to setup your free consultation.
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When you are looking for the best Phoenix criminal defense lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
Why Tamou Law Group for Drug Charges
Most Arizona drug cases begin with a stop and a search, and they are won or lost on whether that search was lawful and whether the lab can prove what was found. We litigate both before we ever talk about a plea.
Diversion and dismissal-track outcomes
Our published results include diversion on narcotic, dangerous-drug and marijuana possession cases, and reduced charges on transportation-for-sale allegations. Where the stop or the lab is weak, we push for an outcome that leaves no conviction.
We know how drug cases are built
Former prosecutors and law enforcement officers on our team have built drug cases for the State. They know the search-and-seizure sequence a stop must follow, the chain-of-custody records a lab must keep, and what happens when either one is missing.
Possession versus sale
The line between possession and possession for sale is the line between probation and mandatory prison. We attack the inference of sale, from text messages to packaging to the weight thresholds, because that is where years of exposure sit.
Published results in this area
| Case | Charges | Outcome |
|---|---|---|
| State v. N.K. | Possession of narcotic drugs and paraphernalia (A.R.S. 13-3408, 13-3415) | Diversion |
| State v. E.T. | Possession of dangerous drugs, paraphernalia and resisting arrest (13-3407, 13-3415) | Diversion |
| State v. Y.T. | Possession of marijuana, paraphernalia and dangerous drugs (13-3405, 13-3415) | Diversion |
| State v. Z.J. | Transportation of dangerous drugs for sale (13-3407) | Reduced charge |
| State v. A.N. | Transportation and possession of narcotic drugs for sale (13-3408) | Reduced charge |
Anonymized outcomes from our case results page. Every case is different; past results do not guarantee a future outcome.
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Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.
