Chapter 34 of the Arizona State Criminal Code is our governing standard for drug-related offenses. The consequences of being caught with a controlled substance will vary with Arizona Drug Classifications of those substances. Also, whether or not this is your first drug possession offense, and if the police find paraphernalia related to drug use or sales can have an impact on your penalty judgment.
You must contact us immediately if you are arrested for possession of a controlled substance in Arizona because drug cases can become complicated very quickly. There are different penalties established under our Arizona State Laws regarding dangerous drugs, narcotics, or marijuana.
What was the Charge for Your Arrest?
Possession of Dangerous Drugs
If you are arrested and suspected of possessing certain controlled substances like mescaline, methamphetamines, GHB, LSD, steroids, ecstasy, psilocybin mushrooms, clonazepam, or related drugs you will be charged with a Class 1 Misdemeanor. The penalty can vary due to quantity as well if other drugs or paraphernalia was also found. The penalty will be a jail sentence of up to 6-months with fines up to $2,500.
Possession of Narcotics
Charges against you involving the possession of oxycodone, morphine, cocaine, heroin, opium and/or similar drugs is considered a Class 5 Felony, with more serious penalties and ramifications. Depending on the quantity of controlled substance found this is likely a Class 4 Felony offense.
You’ll be facing a prison sentence of up to 2.75 years in prison, and up to triple the street value of the drugs found, like heroin for example. If the court finds you had additional paraphernalia that indicated possession with intent to sell the drugs, the charge will be increased to a Class 3 Felony, add more prison time if you were in the presence of a minor, your fines will increase also.
Possession of Marijuana
Arizona marijuana possession laws are more complicated and more serious than people understand. Even with Medical Marijuana Legalization under strict regulation, 99,740 registered legal adult users and 155 registered minor users in the Arizona Medical Marijuana Program, there is still no tolerance for the illegal use of marijuana for recreational purposes.
In fact, Arizona Laws for possession, and the suspected intent to sell marijuana are more complex than laws governing illegal possession of more addictive, dangerous drugs. Possession of under 2-pounds carries a strict sentence of up to a year in prison and is considered a Class 6 Felony. More than 4-pounds will put you in prison for up to 3-years.
If this is your first offense, and in some cases, even a second offense can be reduced to probation time with regular drug testing/monitoring. If you complete probation without further offenses, your sentence could be dropped, perhaps your lawyer can have the charges removed from your permanent record.
For more information, give us a call at The Nolan Law Firm, (480) 359-3457.