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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 convictions and the possession was for personal use, it can be reduced to 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 may bring charges for possession of any type of drugs. 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.
