Originally Posted On: https://thevalleylawgroup.com/blog/drug-possession-az/
Understanding Drug Possession Laws in Arizona
Drug possession can lead to serious jail or prison sentences along with fines and potential probation. Anyone facing drug possession charges may need to know facts about drug crimes and how they relate to their case.
Understanding drug crime charges can be a complicated subject due to Arizona’s expansive drug possession laws that list penalties based on the drug possessed and other factors. Even a first-time criminal charge could lead to confinement in jail or prison.
It’s important to clarify Arizona’s drug possession laws, the types of drug offenses, and the potential penalties for each, along with defense options that may be available to minimize or avoid conviction. If you are facing drug possession charges and require legal counsel or representation in court, The Valley Law Group can help. Our top-rated drug possession attorneys have a solid track record of getting results.
What Is the Drug Policy in Arizona?
Every state, including Arizona, sets criminal penalties for drugs that are designated as illegal at the federal level. The United States Drug Enforcement Administration classifies drugs into five categories based on the controlled substance’s danger, risk of causing addiction, and medical uses (if any).
In Arizona, illegal drugs are also categorized into five schedules that align with the federal Controlled Substances Act. These schedules classify substances based on their potential for abuse, accepted medical use, and safety considerations. Arizona’s drug policies are designed to punish drug users and discourage anyone from obtaining or using illegal drugs.
Drug Categories
Arizona classifies controlled substances by category to determine their legal status and associated penalties.
The categories include:
- Schedule I: Substances with a high potential for abuse and no accepted medical use, such as heroin and LSD.
- Schedule II: Drugs with a high potential for abuse but with accepted medical uses under severe restrictions, like cocaine and methamphetamine.
- Schedule III: Substances with a moderate to low potential for physical and psychological dependence, including anabolic steroids and certain codeine products.
- Schedule IV: Drugs with a low potential for abuse and accepted medical uses, such as Xanax and Valium.
- Schedule V: Substances with the lowest potential for abuse, often containing limited quantities of certain narcotics, like cough preparations with less than 200 milligrams of codeine per 100 milliliters.
One example of a drug possession charge could be someone who was caught with a prescription medication they cannot legally possess. When it comes to intent to sell drug charges, all that is needed to press charges is for the suspect to be found in possession of a significant amount of drugs. The law bases the intent to sell off the amount of drugs seized, although the defendant’s attorney may argue otherwise in court.
By classifying offenses and controlled substances, Arizona aims to enforce laws that deter distribution and protect public health while differentiating between personal use and commercial activity.
Possession of illegal drugs like heroin, methamphetamine, cocaine, and other controlled substances is prohibited and treated as a criminal offense with penalties that vary by the amount and type of drug involved. Possession of larger amounts of drugs can lead to a more serious criminal charge of intent to sell. Anyone charged with selling drugs or intending to sell drugs can face serious felony charges.
Medical Marijuana Act
While the state maintains serious consequences for users of certain drugs, in 2010, Arizona passed the Arizona Medical Marijuana Act, which permits registered patients to legally obtain and use marijuana for medicinal purposes, provided they have a qualifying condition and a medical marijuana card.
Medical marijuana, for instance, is legal for patients with authorization and a medical card. They may legally possess up to 2.5 ounces within a two-week period. Recreational marijuana use is also legal for adults over 21, but possession is limited to one ounce or less. Possession of more than that amount could still result in criminal charges.
However, other controlled substances, like illicit street drugs or prescription drugs without a valid prescription, remain illegal and can lead to charges if possessed, even in small amounts.
Knowing Arizona’s drug policies allows individuals to stay within legal boundaries and seek help or legal advice when necessary.
Types of Drug Possession Offenses in Arizona
In Arizona, most defendants face charges for possession or intent to distribute. Possession charges typically come with the assumption that the defendant bought drugs for personal use. While possession can be a serious charge, it is generally considered a lesser charge than intent to distribute, and the two often occur together.
Possession with intent to distribute involves holding quantities of drugs or exhibiting behaviors, such as packaging or large quantities of cash, that suggest the intent to sell or distribute. This offense carries more severe penalties, including extended prison sentences, as Arizona law treats drug distribution as a significant threat to public safety. Prosecutors often seek the harshest penalties under the law for anyone charged with distributing or selling illegal drugs.
Penalties for Drug Possession in Arizona
Drug crimes are broadly classified as misdemeanor or felony offenses. Within each category, the crimes are further categorized based on the type of drug, the amount found, the individual’s criminal history, and other mitigating or aggravating factors.
For instance, possession of smaller quantities of marijuana (greater than one ounce) may result in a misdemeanor, while larger amounts or possession of substances like methamphetamine, cocaine, or heroin often lead to felony charges.
Repeat offenses or possession near a school zone can also increase penalties, as Arizona law applies stricter consequences to protect public safety. Sentences may range from fines and probation to years in prison, depending on these factors.
Felony vs Misdemeanor Charges
A drug charge is generally classified as a felony when it involves more dangerous drugs, larger quantities, or intent to distribute. Possession of Schedule I or Schedule II drugs, such as heroin or methamphetamine, is likely to result in a felony charge. Larger amounts could elevate that charge to intent to sell, which could be a more serious felony.
Misdemeanor charges, by contrast, are typically reserved for smaller amounts of less dangerous substances, like limited quantities of marijuana that are still over the allowable one ounce for recreational use. Felonies carry stricter penalties, including longer prison sentences and higher fines.
Proposition 200 has had a significant impact on Arizona’s drug laws. The law provides alternatives to incarceration for first-time, non-violent drug offenders. Passed in 1996, Proposition 200 mandates probation instead of jail time for qualifying first-time offenders caught with certain controlled substances for personal use. This initiative aims to rehabilitate non-violent offenders rather than impose lengthy prison terms.
Federal vs. State Drug Charges in Arizona
It is also crucial to know the difference between federal and state drug charges. Crimes that are committed in Arizona and do not involve transporting drugs across state borders are typically charged under Arizona’s criminal laws and through the state’s criminal courts.
Federal drug laws handle cases that involve trafficking, larger drug quantities, or offenses crossing state lines. Federal cases usually carry harsher penalties, including mandatory minimum sentences, and are prosecuted in federal court, which has different procedural rules.
Examples of cases that may escalate to federal court include large-scale drug trafficking, manufacturing operations, or smuggling drugs across state or national borders. In these cases, federal agencies like the DEA often become involved, and sentences tend to be more severe.
Arizona Drug Sentencing Laws and Factors Affecting Sentencing
Arizona drug sentencing laws impose strict guidelines for drug offenses. Penalties vary depending on drug type, drug quantity, and criminal history. Possession of smaller amounts of drugs for first-time offenders may lead to misdemeanors with fines or probation, while larger quantities or possession of narcotics like methamphetamine or heroin often result in felony charges, which can mean extended prison time.
Aggravating and mitigating factors play a significant role in the sentencing process. Aggravating factors could include factors like prior convictions, possession of a large quantity of drugs, or the use or possession of a deadly weapon. Aggravating factors can lead to harsher penalties, including longer prison sentences.
Mitigating factors, like a first offense or evidence of addiction, may lead to lighter sentences, sometimes with opportunities for probation or treatment programs. Defense attorneys generally emphasize mitigating factors when defending clients. Understanding drug crime charges and their potential outcomes under Arizona law is essential for anyone facing charges, as these factors determine the severity of penalties and the right strategies for defense.
Defenses Against Drug Possession Charges in Arizona
Several defense strategies may be available, depending on the case. Common defenses include arguing unlawful search and seizure if law enforcement did not follow proper procedures when obtaining evidence.
Criminal intent can be questioned, especially when the charges are for intent to distribute or sell. Even when the charge is mere possession, a criminal defense attorney can argue that the defendant did not knowingly possess the drug. The drugs may have belonged to someone else. Mistaken identity can apply if someone else was responsible or if the accused was wrongfully identified.
Attorneys can also negotiate with prosecutors to reduce charges or seek alternative sentencing options, such as probation or treatment programs. Having experienced representation ensures that your rights are protected and increases the chances of a favorable outcome.
Drug Possession FAQs
Arizona’s drug possession laws are complex, which is why legal representation is critical. After reviewing these need-to-know facts about drug crimes, we welcome you to call our office to set up a consultation with one of our criminal defense attorneys.
What Are the Penalties for Drug Possession in Arizona?
Penalties for drug possession vary depending on the type and amount of drug as well as prior convictions. Possession of small amounts of marijuana may result in a misdemeanor, while larger quantities or possession of narcotics often lead to felony charges. Sentences can include fines, probation, or prison time, especially for repeat offenders.
What Is a Felony Drug Charge in Arizona?
Drug possession can be either a felony or a misdemeanor, based on the type of drug and amount possessed. For instance, possession of methamphetamine or heroin is usually a felony, while small amounts of marijuana may result in a misdemeanor. The classification of the offense affects the severity of sentencing and potential consequences.
Can First-Time Offenders Avoid Jail Time for Drug Possession?
Under Arizona’s Proposition 200, many first-time, non-violent drug offenders may qualify for probation instead of jail time. This law aims to provide rehabilitation opportunities rather than imprisonment for certain cases. However, this does not apply to cases involving intent to distribute or possession of dangerous drugs.
What Is Proposition 200, and How Does It Impact Drug Possession Cases?
Proposition 200, passed in 1996, mandates probation for first-time, non-violent drug possession offenders. This law applies to cases of personal drug use, helping individuals avoid prison time and offering access to rehabilitation. However, repeat offenses or violent crimes related to drugs are not eligible under this law.
Are There Any Defenses for Drug Possession Charges?
Yes, there are several defenses, including lack of knowledge, unlawful search and seizure, and insufficient evidence. An attorney can review your case to determine the right defense strategy. These defenses can potentially lead to reduced charges or a dismissal of the case.
What Should I Do If I’m Arrested for Drug Possession?
If you are arrested, it is important to remain silent and avoid answering questions without an attorney present. Anything you say can be used against you, so consulting an attorney is critical. Your attorney can help protect your rights and guide you through the legal process.
How Does Arizona Classify Controlled Substances?
Arizona classifies controlled substances into schedules, ranging from Schedule I (the most dangerous, like heroin) to Schedule V (the least dangerous, like certain cough medicines). The classification helps determine the penalties associated with each substance. Drugs classified as Schedule I or II generally lead to more severe penalties for possession.
How Can Drug Possession Charges Affect My Future?
A drug possession conviction can have lasting effects on employment, housing, and educational opportunities. Many employers and landlords conduct background checks, which can reveal drug convictions. Seeking legal help to minimize these impacts is essential for protecting your future.
Schedule Your Drug Possession Legal Consultation Today
Being charged with a drug possession crime does not mean that you will ultimately be found guilty. With legal representation from The Valley Law Group, you can effectively communicate your side of the story and call into question the accusations made against you.
Our drug crime defense lawyers understand the state’s drug possession laws and how to lower the penalties our clients are facing. In some cases, we may be able to have the charges dropped or reduced. Other cases may require aggressive plea bargain negotiations or even trial. We never settle for less-than-favorable outcomes in our client’s cases, and we leave the ultimate decision on how to proceed up to our clients while providing honest and transparent legal advice and counsel.
We prioritize our clients’ interests by providing strategic, dedicated advocacy aimed at achieving the most optimal outcomes possible. Our commitment to trust, integrity, and personalized service ensures that every client receives the exceptional representation they deserve.
The Valley Law Group offers consultations to discuss defense options and guide clients through the complexities of Arizona’s drug laws. Meeting with an attorney can provide clarity and direction so you are fully informed about your rights and the potential penalties you are facing. Contact our office today to schedule your drug possession consultation.
Source:
- Arizona State Legislature. (n.d.). A.R.S. § 13-3407: Possession and use of narcotic drugs. Retrieved from https://www.azleg.gov/ars/13/03407.htm
- Arizona State Legislature. (n.d.). A.R.S. § 13-3408: Possession and use of dangerous drugs. Retrieved from https://www.azleg.gov/ars/13/03408.htm
- Arizona State Legislature. (n.d.). A.R.S. § 36-2801: Arizona Medical Marijuana Act definitions. Retrieved from https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/36/02801.htm
- Arizona Secretary of State. (2004). Proposition 200: Drug medicalization, prevention, and control act of 1996. Retrieved from https://apps.azsos.gov/election/2004/info/PubPamphlet/english/prop200.htm
- Arizona Department of Revenue. (n.d.). Adult use marijuana. Retrieved from https://azdor.gov/business/transaction-privilege-tax/adult-use-marijuana#:~:text=The%20statutory%20provision%20Prop%20207,or%20less%20of%20marijuana%20concentrate
