DRUG OFFENSES

The Arizona courts treat the possession of illegal drugs for personal use much differently than possession for sale. In cases of possession for personal use, the focus is on rehabilitation and treatment. When dealing with possession for sale, the prosecutor will be going for punishment. If you are found in possession of an illegal drug, you need an Attorney who will conduct a full and complete investigation. Perhaps the search and seizure by the police was illegal, in violation of fundamental constitutional rights, in which case it should be dismissed. Perhaps you did not have knowledge that drugs were present. Lastly, if the prosecutor is alleging that you possessed the drugs for the purpose of sale, the defense should be focused on gathering evidence that the drugs were not for sale, but for personal use. You should hire an Attorney who is willing to go all out to zealously represent your interests by personally handling all legal aspects of your case:

I WILL PERSONALLY HANDLE YOUR CASE

Possession of Marijuana: A.R.S. §13-3405: Possession of marijuana is treated slightly different than the possession of most other drugs which are referred to as “dangerous drugs.” Penalties depend upon the amount possessed and whether it was for personal use or sale. This section will describe possession of marijuana for personal use. If the amount possessed is below the state threshold amount of 2 pounds then the individual is normally charged with a Class 6 felony, although the offense can be reduced to a misdemeanor by the judge or through negotiations with the prosecutor. [No Confinement For First Or Second Offense] [Possible Sentence]

Possession of a Dangerous Drug: A.R.S. §13-3407: Includes most other street drugs other than marijuana, such as cocaine, MDMA (ecstasy), methamphetamine, Psilocybin (mushrooms). Possession of these drugs for personal use under the drug threshold amounts is treated as a Class 4 felony, although drugs other than LSD, Methamphetamine, amphetamine, or phencyclidine (PCP), may qualify for reduction to a Class 1 Misdemeanor. [No Confinement For First Or Second Offense] [Possible Sentence]

Possession of Drug Paraphernalia: A.R.S. §13-3415: Consists of any equipment, product, or material that is used for or modified for the making, using, or concealing of illegal drugs. In deciding whether an item is to be considered a piece of drug paraphernalia, the prosecutor can seek to introduce evidence of prior drug convictions of the accused, among other factors. This offense is a Class 6 felony, although it can be reduced to a Class 1 Misdemeanor by the judge or the prosecutor. [No Confinement For First Or Second Offense] [Possible Sentence]

Possession of Drugs For Sale: A.R.S. §13-3405; §13-3407: The prosecutor will attempt to show that the accused possessed the drug with the intent to sell. If above threshold amounts, the prosecutor will argue that the intent to sell is shown by the  larger quantity amount and argue that there was no way that the larger quantity was for personal use. Individual packaging, scales, etc., may also be shown as evidence that the drugs were for sale in order to reap a higher punishment. However, if it can be successfully argued that the drug was still for personal use, the penalties will be less severe. If found to have possessed the drug for sale, the classification of this offense depends upon the type of drug and the amount (Marijuana: Less than [threshold amounts] Class 4 Felony; 2-4 pounds Class 3 Felony; over 4 pounds Class 2 Felony; Other “Dangerous” Drugs: Class 2 Felony). [Possible Sentence]

Manufacturing Drugs: A.R.S. §13-3406; §13-3407; §13-3408: Unlike drugs that are found in a usable form (Marijuana), other drugs must be manufactured (LSD, Methamphetamine, MDMA [Ecstasy]). Not only does this offense include the actual manufacture of illegal drugs, but also the possession of items used to manufacture the drugs (chemical ingredients). Depending upon the drug, and whether manufacturing or just possession of chemicals took place, this offense can be charged anywhere from a Class 1 Misdemeanor to a Class 2 Felony. [Possible Sentence]

Production of Marijuana: A.R.S. §13-3405: The cultivation of marijuana plants in Arizona is a Class 5 Felony if less than the [threshold amount] of 2 pounds dried; a Class 4 Felony if between 2-4 pounds; and a Class 3 Felony if more than 4 pounds. Issues concerning potential illegal search and seizure by police should be thoroughly investigated. Unlike possession of marijuana for personal use, the cultivation of marijuana, even for personal use, does not qualify for the Proposition 200 no confinement policy, but instead requires mandatory jail time. [Possible Sentence]

PROPOSITION 200: Treatment First

No Confinement For First or Second Offense

Because of Arizona’s enactment of Proposition 200, you are not subject to confinement if this is a first or second drug offense for personal use and you are under the threshold amounts (see below). If this is a first offense, you may be eligible to go into the Treatment Assessment Screening Center (TASC) program, where you will be subject to random urinalysis testing and drug education classes. This is a diversion program, whereby all charges are dismissed once the program is completed. There will be no conviction.

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