What is Drug Possession?
The crime of having illegal drugs in one's possession, either to distribute, sell, or for personal use. Arizona law states that one cannot knowingly use or possess illegal drugs. You will be charged with felony drug possession if you are found under the influence.
Drug Possession Charges
Drug possession charges are serious deals no matter where you are in the country, and it’s no different in Arizona. While it’s not as serious as manufacturing or transporting for sale, possession of any classification of drug in Arizona can lead to jail time and a potential fine.
On the upper end of the possession scale are substances classified as “dangerous drugs.” The full list can be found here, but some drugs included on that list are:
- Psilocybin mushrooms
Possession of any dangerous drug is considered a class 4 felony. In Arizona, someone found guilty of a class 4 felony offense can be sentenced to 1.1 to 3.7 years of jail time if this is their first or second offense. Third and subsequent time offenders face 1.5 to 3.7 years of jail time.
As long as the dangerous drug involved isn’t methamphetamine, first and second time offenders cannot be initially sentenced to jail time. Instead, they may be eligible to participate in a diversion program. During this time, you may be required to submit to random drug tests, attend classes, and undergo treatment. Successfully completing the program will result in the criminal charges being dismissed.
If you don’t qualify for the program but it is your first or second offense for personal possession, you will be sentenced to probation. As part of the probation, you will be required to submit to random drug tests, attend classes, and undergo treatment.
It is considered a class 2 felony if the court finds you guilty of possession of a dangerous drug with the intent to sell or if the amount exceeds threshold, which comes with 3 to 12.5 years of jail time for first and second time offenders, and 4 to 15 years for third and subsequent time offenders.
If you or a loved one has been charged with possession of a dangerous drug in Arizona, you don’t need to give up the fight. Our Phoenix drug possession lawyers at MayesTelles PLLC have the training, knowledge, and skill required to build the defense you need to fight for your freedom. Hiring a drug possession attorney doesn’t need to be expensive; we offer affordable options and payment plans to assist you. Contact us today for a free consultation, or call us at (602) 428-7104. You don’t need to fight criminal charges alone, so hire us to defend you in court today.