Arizona Drug Laws
Posted By Salvador Law Group || Sep 4, 2019
Arizona has some of the strictest drug possession and drug trafficking laws in the country. Get the facts on drug laws in this state so you know how to remain compliant and defend your rights.
Arizona Drug Possession Laws
If you are discovered in possession or under the influence of an illegal drug in the state of Arizona, you will likely be charged with a felony. Penalties for drug possession charges depend on the type and quantity of the substance in your possession, including whether you’re possessing the drug for personal use or with intent to sell.
Arizona divides illegal drugs, also known as controlled dangerous substances, into six categories: marijuana, peyote, prescription drugs, dangerous drugs, narcotic drugs, and substances that emit toxic vapors.
If you’re caught in possession of an amount of a substance that exceeds the “threshold level” for controlled dangerous substances, it will be assumed that you intended to sell the substance, and your penalties may be more severe. Arizona law defines the “threshold level” as a weight or market value of an unlawful substance as follows:
One gram of heroin
Nine grams of cocaine
Four grams of PCP
Nine grams of methamphetamine
Nine grams of amphetamine
Two pounds of marijuana
The potential penalties for these crimes are as follows:
Possession of a dangerous drug: Class 4 felony if not previously convicted of a felony and the drug was not meth or another type of amphetamine, minimum fine of $2,000, and up to 0-3.75 years in prison
Possession of a narcotic: Class 4 felony if not previously convicted of a felony, minimum fine of $2,000, and up to 0-15 years in prison
Possession of marijuana (less than two pounds): Class 6 felony if it’s found to be for personal use, Class 5 felony if it’s personally produced, and Class 4 felony if it’s intended for sale, minimum fine of $2,000, and 0-3.75 years in prison
Arizona Drug Trafficking Laws
According to Arizona law, you may be charged with drug trafficking if you’re found in possession of a quantity of a substance that can be presumed is for sale or distribution. Arguing the drugs were intended for personal use is not a valid defense when you’re found in possession of an amount of a substance that exceeds the “threshold level” mentioned above.
In order to be convicted for drug trafficking in Arizona, the prosecution must prove beyond a reasonable doubt the following:
You knowingly imported, transported, or sold dangerous drugs.
The substance in your possession was a narcotic drug.
The penalties for a drug trafficking conviction in Arizona can range from a Class 6 to a Class 2 felony. Being caught in possession of certain substances will carry a heavier penalty than others. For example, if you’re caught in possession of methamphetamine, you will not be eligible for a suspended sentence, probation, or parole.
Facing a Drug Charge in Arizona? We Can Help
If you’re facing a drug possession or drug trafficking charge in Arizona, our Phoenix criminal defense attorneys are here to defend your rights. There are several defenses that we can use to protect you, including that you were acting under duress, you had a lack of knowledge as to the quantity or danger of the drugs in your possession, you were subjected to an illegal search and seizure, and more.
At Salvador Law Group, we understand that no two criminal cases are exactly alike, which is why we provide a personalized approach to increase the likelihood of a successful outcome. We create legal strategies that reflect the specific needs of our clients. Whether your case is prosecuted at the state or federal level, we’re here to fight for you.
Contact us today at (602) 842-6222 to learn how we can help you.