Is Drug Possession A Felony In Arizona?

In Arizona you may not knowingly use or have possession of illegal drugs. There is every chance you will face felony drug possession charges if drugs are on you, near your person or you are found to be under their influence. State laws are complex regarding the numerous levels of punishment but are dependent on the type of drug, any criminal history in the past and whether you are determined to be charged with simple possession for personal usage or with the intent to sell. Read on to learn more.

Penalties

With the passing of Proposition 200 in Arizona, non-violent drug offenders will not be sent to prison until they have been convicted three times. If probation and the mandatory drug program (TASC) is violated, they may face time in jail.

• Less than two pounds of marijuana results in fines and probation and depending on prior felonies between zero to 5.75 years spent in prison.
• Two to six pounds of marijuana results in fines and up to six months up to 7.5 years in prison.
• Below the thresholds for controlled dangerous drug and when charged with a class 6 felon, a fine of up to 4150,000 and four months to two years of jail time.

Defenses

Defenses can be multi-faceted, challenging facts, evidence as well as procedural errors and defenses whose purpose is to negate any criminal liability. Here are some popular defenses:

• Lack of knowledge or use where the state has to provide evidence you were knowingly in possession of drugs that are/were narcotic in nature. If you were not aware the drugs were there, you cannot be convicted.
• If you were searched illegally contrary to the fourth amendment, That said, drugs in plain sight are not covered under this.
• In states where medical marijuana and you have less than 2.5 ounces, you can escape charges by showing you were the qualifying patient and the marijuana came from a license dispensary.
• The use of peyote for religious practices and does not pose a threat to the community.

Reach Out For Assistance

A conviction for drug possession can change your life, forever. It can damage your future opportunities and carries the prospect of jail or prison time and heavy fines. It is a very good idea to use the services of a local experienced attorney who can explain how the law applies in your case.

Source: https://statelaws.findlaw.com/arizona-law/arizona-drug-possession-laws.html