Drug Possession Lawyer in Phoenix, AZ

In Arizona, you can face serious felony charges if you possess, use, sell, manufacture, distribute, or administer dangerous drugs under ARS 13-3407. These types of drug possession charges can result in lengthy prison sentences and substantial fines.

Because of the severe penalties for selling drugs charges, you should consult an experienced criminal defense attorney at the Law Office of Michael Alarid to understand the legal options and defenses that might be available to you.

Arizona has severe penalties for drug offenses, and law enforcement officers are continuously looking for evidence of drug sales and trafficking. Each year, thousands of pounds of illegal drugs are seized by law enforcement as they are transported over the border with Mexico.

What is Possession of Dangerous Drugs for Sale?

Under ARS 13-3407, possession of drugs for sale is a class 2 felony. You can be charged with this offense if you are found to be in possession of a dangerous drug in an amount above the threshold. ARS 3401(6) defines dangerous drugs to include many different substances. Some of the most common types of dangerous drugs include the following:

This list is not all-inclusive. Many other substances are also defined as dangerous drugs under the statute.

Drug Threshold Amounts

You might face selling drugs charges under ARS 13-3407 if you have more than the threshold amount of dangerous drugs listed in ARS 13-3401(36). The thresholds for dangerous drugs include the following:

• 4 grams of PCP
• 9 grams of amphetamine
• 9 grams of methamphetamine
• 50 dosage units of LSD blotter or 0.5 ml of liquid LSD
• Any other dangerous drug valued at $1,000 or more
• Any combination of dangerous drugs that exceed the threshold amounts when added together

Charged with Selling Drugs

Possessing dangerous drugs with the intent to sell them is prohibited under ARS 13-3407. Courts consider several factors to determine whether someone had the intention to sell dangerous drugs in their possession, including whether the quantity exceeds the threshold amounts, whether the person had drug paraphernalia related to selling drugs such as baggies or scales, whether the drugs were packaged, and whether a large number of people have been observed coming and going to and from the person's home. Police officers often rely on confidential informants and undercover officers to secure evidence to support drug sales charges.

To prove that you possessed dangerous drugs with the intent to sell them, the prosecutor will have to prove the following elements:

• You were present in the state on the date and time listed in your charging documents.
• You possessed dangerous drugs.
• You knew that you had dangerous drugs in your possession and that they were illegal.
• You possessed more than the threshold amount or had paraphernalia indicating a sales operation.
• You had the intent to sell the dangerous drugs.

Trafficking or Transporting Dangerous Drugs to Sell

Under ARS 13-3407, drug trafficking occurs when someone transports, imports into the state, offers to transport, or offers to import into the state a dangerous drug for transfer or sale. This offense is a class 2 felony carrying more severe penalties than possessing dangerous drugs for sale.

Possessing Dangerous Drugs vs. Possessing Narcotic Drugs

Possessing narcotic drugs with the intent to sell them is prohibited under ARS 13-3408. Narcotic drugs are listed under ARS 13-3401(20) and include the following common types:

There are many other substances listed as narcotic drugs under the statute. Even though it is possible for you to have a prescription for some narcotic drugs, if you possess them without a valid prescription, the police might charge you under this statute. 

Penalties for Possession of Dangerous Drugs with the Intent to Sell

The penalties for possessing dangerous drugs with the intent to sell them depends on the type and quantity of the drugs, your criminal history, and whether there were any aggravating factors.

If you are convicted of possessing dangerous drugs above the threshold amount with the intent to sell them, you will not be eligible for probation or a suspended sentence. If you are convicted of possessing methamphetamine with the intent to sell as a first offense, you will face a prison sentence from five years up to 15 years.

For a second conviction of possessing methamphetamine with the intent to sell, the sentencing range is from 10 years up to 20 years. For other types of dangerous drugs, the sentence for a first offense will range from a mitigated sentence of three years up to an aggravated sentence of 12.5 years under ARS 13-702.

The penalties for selling dangerous drugs will increase with prior allegeable convictions or specific aggravating factors, including possessing a gun while possessing dangerous drugs with the intent to sell or selling them close to a school.

If you are convicted of possessing dangerous drugs above the threshold amount with the intent to sell them, you will not be eligible for probation or a suspended sentence.

Defenses to Possessing Dangerous Drugs With the Intent to Sell

The defenses that your attorney might raise will depend on the facts and circumstances surrounding what happened. Your lawyer will carefully review the evidence to determine the best defense strategy to take.

Some common types of defenses are detailed below.