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Possession of Drug for Sale Charges in Arizona

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Under ARS 13-3407(A)(2) and ARS 13-3407(A)(7), it is unlawful to knowingly possess or transport a dangerous drug for sale. In determining whether someone is possessing or transporting a drug for sale, the State looks at the amount of drug in their possession. If the amount of drug in the person’s possession meets or exceeds the “threshold amount” defined in the statute, it is presumed that the person possessed the drug with the intent to sell them.

For experienced legal help to fight your charge, contact Oliverson & Huss Law PLLC and schedule a free consultation.

Threshold Amounts

The following are the threshold amounts defined in Arizona law by the type of drug:

  • Methamphetamine: 9 grams
  • Powdered cocaine: 9 grams
  • Rock cocaine: 3/4 gram
  • Heroin: 1 gram
  • LSD: 1/2 milliliter or 50 dosage units in blotter form
  • PCP: 4 grams or 50 milliliters
  • Marijuana: more than 2 pounds

Even if the threshold amount is not met, the prosecution will look at other factors to try to prove you had the intent to sell.

Punishment for Possession or Transportation of Drugs for Sale

If the amount was below the threshold amount:

  • First offense: Probation with up to 1 year in jail (if probation, you will be required to complete 240 hours of community service). If the judge orders prison, then 3 to 12.5 years in prison.

If the amount is above the threshold amount:

  • First offense: 3 to 12.5 years in prison
  • 1 prior felony conviction: 4.5 to 23.25 years in prison
  • 2 prior felony convictions: 10.5 to 35 years in prison

Do not hesitate to call our Arizona possession of drugs for sale attorneys at (480) 351-2228 or contact us online to schedule your free consultation today.

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