Drug possession is defined as knowingly or intentionally having illicit narcotics on your person or property. Law enforcement can charge you for possessing drugs such as marijuana, LSD, cocaine, methamphetamine, and heroin, all of which are illegal in the state of Arizona.
There are generally two forms of charges, one for simple possession and another for possession with the intent to distribute. The former is when there is a small quantity of the drug, while the latter involves a large amount. The second possession is heavily punished because there is a presumption of an intent to sell. In either case, drug possession charges can be serious.
Proving Drug Possession
Two forms of drug possession are usually recognized: actual and constructive possession. Actual possession generally refers to drugs found in the defendant’s immediate possession or on their person. Constructive possession means drugs found in areas where the person has domain or control over.
The police will generally charge an individual if:
- They knew about the drugs
- The should have known about the drugs
- They owned the drugs
Sentencing for Drug Possession Charges
Drug possession charges can vary in sentencing depending on the circumstances and the drug in custody.
The general sentencing includes:
- Marijuana: Depends on the amount. But generally, it is a class 6 felony that is punishable by four months to two years in jail and a $150,000 fine.
- Narcotics: Is a class 4 felony. Defendants can be sentenced for up to one to 3 and three fourth years in jail and a $2,000 fine.
- Illegal Prescriptions: This is classified as a class 1 felony, and can be punishable with six-months in jail and a $1,000 fine.
At MayesTelles, we understand that people make mistakes, and often, people are wrongfully accused. Whatever the circumstances, you are entitled to due process under the law – you are innocent until proven guilty! If you or a loved one has been charged with drug possession, contact our Phoenix drug crime attorneys today. We are available at any time to review your case and inform you of your legal rights.