Drug Trafficking in Arizona

Everything You Need to Know About Drug Trafficking in Mesa, Arizona

Narcotics is estimated to be a $435 billion per year business. Selling drugs may be lucrative, but high-risk factors include extensive jail time if convicted. The law does not punish all dealers equally. The type of drug impacts how severe the charges are.

At What Point Is Selling Drugs a Felony?

In Arizona, the sale of any illegal drug results in a felony charge. The drugs include but are not limited to LSD, methamphetamines, ecstasy, and narcotics like morphine, cocaine, and heroin. The quantity and type of drug impact how severe the felony is. Classifications for the sale of drugs are as follows

• The sale of prescription drugs without a permit or license is a Class 6 felony
• The sale of under two pounds of marijuana is a Class 4 felony
• The sale of two pounds but less than four pounds of marijuana is a Class 3 felony
• The sale of four or more pounds of marijuana is a Class 2 felony
• The sale of narcotic drugs, such as cocaine, meth, or heroin, is a Class 2 felony

Drug possession or drug trafficking in Arizona leads to severe penalties. The penalties depend on the type of drug and one’s intent. Punishment can be a hefty fine, extensive jail time, or other penalties. The Arizona criminal code, ARS §13.3408, covers the following drug possession and trafficking charges.

• Possessing or using a dangerous drug
• Possessing a dangerous drug for sale
• Possessing drug paraphernalia, such as chemicals or equipment for manufacture
• Manufacturing a dangerous drug
• The administration of a dangerous drug to another person
• Transporting or selling a dangerous drug
• Obtaining the drug through fraud or deceit.

There are also excellent Arizona drug defense lawyers who can answer questions and help. If you face a drug crime, contact a Mesa drug defense attorney.

Arizona Drug Possession Laws

It is illegal to possess or use non-prescription drugs in Arizona knowingly. A person faces felony drug possession charges if a law enforcement officer discovers they are near or under the influence of illegal drugs. Arizona drug possession penalties depend on the substance possessed and any prior criminal history.

Possession of Marijuana

The following charges resulted from the discovery of possessing less than two pounds of marijuana at one time.

• Class 6 felony for personal use, reduced to a misdemeanor if the individual charged produced the marijuana
• Minimum fine of $750 (oil or wax $2000) or three times the substance value with an additional 83 percent surcharge

Under Proposition 207, marijuana possession was made legal. It was overwhelmingly passed and puts an end to Arizona being the harshest state in the nation regarding marijuana laws. Proposition 207 impacts future incidents that involve marijuana and past marijuana-related offense convictions. It is of importance to know your rights in the future and the rights you have concerning past arrests and convictions.

The same is not valid for selling marijuana. The consequences of selling marijuana are

• Class 4 felony for possession of marijuana for sale
• Prison or jail type based on circumstances that include the number and type of prior convictions or other factors

Having an experienced lawyer is extremely important due to laws that impact the sentence one might face, such as Prop 200. The difference between Class 6 and Class 2 is the presumptive sentence—a Class 6 felony results in a year of prison time.

Class 2 felonies have a five-year prison term attached. A Class 2 felony is five times more severe than a Class 6. Selling any illegal drug automatically results in a felony charge. The right representation could reduce the charge or have it thrown out altogether. Contact a Mesa criminal case lawyer if you require experienced representation for a drug charge.

Possession of Narcotics

The following charges are brought against individuals found to have heroin, cocaine, and many unprescribed pills.

• Class 4 felony, unless the narcotics are thought to be for sale. The sale of narcotics is a Class 2 felony.
• Minimum fine of $2000 or three times the value of the substance and an additional 83 percent surcharge
• Jail or prison time based on circumstances that include the number and type of prior convictions

Prop 200 and other Arizona laws make having an experienced lawyer of extreme importance in the impact of a possible sentence.

Possession of Other Dangerous Drugs

When dangerous drugs like amphetamine and meth are found, the charges are

• Class 4 felony, or Class 2 if thought to be for sale
• Minimum fine of $1000 or three times the substance’s value and an additional 83 percent surcharge
• Jail or prison time is based on the number and type of prior convictions.
• Prop 200 does not apply to drugs involving methamphetamine. More stringent prison time is issued if the sale of methamphetamine is involved.

Like any possession of drugs accusation, the need for an experienced lawyer cannot be understated.

Prop 200

Prop 200 is a provision that may require a first or second offense of possession for personal use to be assigned probation if specific requirements regarding criminal history are met.

Arizona Drug Trafficking Laws

If the weight of drugs in your possession is greater than Arizona laws impose, a person may also face drug trafficking charges. It is referred to as the threshold amount. The issue of most importance is possessions above the threshold may cause a loss of probation eligibility and require mandatory prison time. The threshold amounts are

• One gram of heroin
• Nine grams of cocaine
• 50 milliliters or four grams of PCP
• Nine grams of amphetamine, including a liquid suspension of methamphetamine
• Two pounds of marijuana

Drug trafficking may result in extensive prison time and hefty fines. Anyone facing drug charges needs to know there are Mesa drug defense lawyers who can help.

Proof of Possession

A key element prosecutors need after a drug possession arrest is proof of possession. Two types of possession, constructive and actual, exist in Arizona. It is essential to understand the difference to develop a strong defense.

Generally, actual possession is when drugs are found on the person, no other party or person had equal access, and the person intended to possess the drugs. Constructive possession is drugs found in the vicinity where people have access to the drugs.

Drugs found in someone’s pocket are an example of actual possession. Drugs found in the glove compartment of an automobile occupied by one or more people are considered constructive possession. Constructive possession is circumstantial and harder for prosecutors to prove.

Building a Strong Defense

Because constructive possession is more difficult to prove, an experienced lawyer may argue the suspect was simply present where the illegal substance was found. Often, mere presence is insufficient proof that a defendant was in control of the drug.

An experienced lawyer can also help get charges dismissed or reduced if a person faces possession charges. Mesa lawyers have developed strong defenses on behalf of clients facing serious drug possession charges.

They are well-versed in drug crime litigation. The attorneys have the necessary experience to help obtain favorable outcomes. The most crucial time is immediately following an arrest. Contact a Mesa attorney before talking to a prosecutor or investigator and schedule a free consultation.