Unlike marijuana, narcotics, and most other harmful drugs, methamphetamine is treated differently in Arizona. Possession, use, manufacture, or sale of any drug is a felony in Arizona. Penalties can range from probation with no jail time to prison, depending on your criminal or drug background.

Methamphetamine, also often known as speed, ice, meth, or crank, is a highly addictive synthetic stimulant with long-term and detrimental consequences on the central nervous system. Methamphetamine is classified as a dangerous drug in Arizona, and possessing or selling it is punishable by law. Below is everything you need to know about methamphetamine crime in Arizona.

Is Methamphetamine Proposition 200 Eligible?

"Prop 200" states that possession of most narcotics for the first time must result in probation rather than an initial jail sentence. Prop 200 is effective against marijuana, cocaine, and a variety of other substances. However, unlike a first-time conviction for marijuana or narcotics, a first-time conviction for any meth-related conviction might result in a jail sentence.

How Is Meth Possession Defined?

You should be aware that possession can be either actual or constructive. If you were charged with having had the drugs on your person, you were in actual possession of them. On the other hand, constructive possession is a legal concept that refers to someone who does not have physical possession of an item but has the power or access to control it. Consider drugs found on a vehicle's floorboard as a simple example. The driver can be held liable because they are usually the one who is in command of everything in the car. However, because the drugs may be within their reach, the passenger may also be charged.

What Is Conspiracy And Aiding And Abetting?

Conspiring with others or aiding and abetting in a methamphetamine transaction can result in the same punishment as the person who committed the meth-related offense. This is true, for instance, if a driver of the car drives his friend to purchase drugs. Many argue that they had no idea what they were doing to separate themselves from their friend as justification for innocence. However, in Arizona, the standard is what you knew or should have known. Know that if you accompany your friend to purchase drugs, just being present will attract the attention of police and prosecutors, and it will be pretty difficult to talk your way out of a police encounter and avoid being charged.

What If A Police Officer Takes My Phone?

Police officers will do everything they can to get your phone if you are detained, especially if you are arrested. They want your photographs, text messages, social media access, and GPS metadata to prove that you know about the drugs and that you are buying or selling them. They can only take your phone if you grant them permission or if a warrant is issued. So, put your phone away! If an officer does take your phone, do not give them your password.

Is A Deferred Prosecution A Certainty If This Is My First Offense?

A postponed prosecution is never a guarantee. The prosecutor may not award you delayed prosecution just because this is your first offense. If you are provided a deferred prosecution, you should probably take it. You will have the option of participating in a counseling program, opting out of drug tests, and having your charges removed if you are successful.

To be admitted to the program, you must admit to possessing meth or another illegal drug. That admission may have ramifications for your professional licenses, loans, educational housing, and immigration status, to name a few. Before accepting any conditions, however, you should discuss all options with your lawyer first.

What Are The Penalties for Meth Possession?

In Arizona, more than seventy “dangerous drugs” are listed in Arizona law, including meth. Possessing dangerous drugs, specifically methamphetamine, is a class 4 felony and carries a presumptive prison sentence of thirty months. If you have 9 grams or more of meth, including liquid methamphetamine, you have crossed the threshold quantity, and incarceration is unavoidable.

Even a first conviction for possession of a controlled substance like meth can result in jail time, and those with a criminal history of drug charges can expect harsher sentences. The following are samples of sentencing for first-time methamphetamine offenders:

All charges listed above come with a minimum of a $1,000 fine or three times the value of the drug you were charged with, whichever is greater. The Court will impose mandatory fines in addition to a felony conviction. If you are granted probation, you will be required to pay those fees, attend counseling, and be under the supervision of a court-appointed probation officer. Travel limitations, curfews, and even employment restrictions may also be applied to your sentence.

What Are Some Common Defenses For Drug Crimes?

Every Arizona drug case is different, but the legal defenses typically tend to be similar for most cases. However, with the help of your lawyer, you may be able to mount your own unique defense. The following are some common defenses:

• Lack of Knowledge: You will not be found guilty of the crime if you were unaware of the drugs in your possession and the prosecution cannot prove that you were aware of them.
• Illegal Search and Seizure: The Fourth Amendment protects you as a citizen of the United States against unreasonable and unconstitutional search and seizure methods. Defense attorneys will scrutinize the details of every traffic stop and arrest to ensure that all procedures are followed according to the law.
• Legal Possession: If the drugs in your possession were prescribed to you or are legal, there can be no case against you. However, you cannot legally possess meth.
• Mere Presence:Just because you're in the vicinity of drugs or people who are using drugs doesn't mean they're yours. If you can prove this was the case, you may not be convicted.

A drug possession conviction will have a significant impact on your life. It may result in the loss of public benefits such as welfare benefits, student loans, scholarships, public housing, and other subsidies. Your immigration status or professional license may also be in jeopardy. In family court, you may also face difficulties with visitation and custody.

While a meth crime is a serious offense, the defense you'll need will be unique to your situation. If you've been charged with possession of meth, you should immediately consult with an experienced criminal defense attorney and begin preparing your defense. They will carefully listen to every detail of your case and present options to provide the most advantageous defense possible.