Possession or Use of Dangerous Drugs in AZ
Lawyers Serving all of Arizona with Offices in Tempe, Phoenix, Scottsdale, and Mesa
ARS 13-3407 prohibits a person from knowingly possessing or using a dangerous drug. Arizona law provides a lengthy list of what qualifies as a dangerous drug, but most often, these cases involve methamphetamine, cocaine, fentanyl, opium, mushrooms, and other types of prescription painkillers and antidepressants. A violation of this statute is a Class 4 felony. If the drug involved in the case is not methamphetamine or amphetamine, and you have never been convicted of a felony, the judge will have the option of classifying the charge down to a class 1 misdemeanor.
Contact Oliverson & Huss Law PLLC at (480) 351-2228 to discuss your case during a free consultation.
Proposition 200 & Possession or Use of Dangerous Drugs
In 1996, Arizona voters passed Proposition 200. Under Prop 200, judges are prohibited from sending first- or second-time nonviolent drug offenders to prison, even if these convictions are for felony offenses. The judge may only sentence the defendant to a term of probation and mandatory drug treatment.
TASC is an adult deferred prosecution program that takes one to two years to complete. During TASC, you will be required to complete group counseling, self-help meetings, and substance abuse counseling. You will also be subject to random urine tests. The total fees for this program run between $2,000 to $2,500. It is imperative that you hire an experienced attorney who can help you navigate the TASC program and its strict requirements. Once TASC is completed, your case will be completely dismissed.
If you have any prior drug conviction for sale or transportation of drugs, promoting prison contraband, driving under the influence of drugs, or any methamphetamine drug related offense, then you are ineligible under Prop 200 and could face jail and/or prison time.
Non-Prop 200 Punishments
If you are not eligible under Prop 200, then the following sentence could be imposed for the possession or use of dangerous drugs, which is a Class 4 felony:
- First offense: Probation with up to 1 year in jail; If the judge orders prison then 1 to 3.75 years in prison
- Second offense: 2 to 7.5 years in prison
- Third offense: 6 to 15 years in prison
In addition to probation and possible jail/prison time, you will be subject to fines, court-ordered counseling, and community service hours. Also, if the amount of drugs in your possession is greater than the statutory “threshold” amounts, you could be charged and prosecuted for possession with the intent to sell.
Call our Arizona possession of dangerous drugs lawyers at (480) 351-2228 or contact us online for a free consultation.
Over 40 Years of Collective Experience
Over the length of their careers, the attorneys at Oliverson & Huss have helped thousands of people successfully fight their criminal charges.
Former Prosecutors & a Former Judge
As former prosecutors, police officers and judges, our attorneys have experience on all sides of the law. This special insight allows them to better defend your case.
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