Click to call 602-307-0808 24/7 Click Here for Free Consultation

ARS 13-3405

Penalties for Possession of Drugs for Sale in Arizona

Penalties for Possession of Drugs for Sale in Arizona

In the state of Arizona, if you are caught using or in possession of a drug such as meth (methamphetamines) or other narcotics, you can be charged with a class 4 felony. This includes drugs like hallucinogenic drugs, prescription medications, and amphetamines.

What is Dangerous Drug Possession in Arizona?

According to Arizona Revised Statute, ARS 13-3407 prohibits the use and possession of dangerous drugs. It also prohibits:

  • The sale of dangerous drugs.
  • The possession of any chemical and supplies that are used in the production of making drugs.
  • The manufacturing of dangerous drugs.
  • Giving the drugs to someone else, regardless of whether or not you made a profit off of it.
  • Getting dangerous drugs by misrepresentation, deceit, and fraud.
  • Transporting the drugs into Arizona or within the state.

What are the dangerous drugs outlined in this law? Well, they are broken down into several categories, and they are:

  • Any type of amphetamines, this includes meth.
  • Any type of hallucinogenic substance. For example, acid and mescaline.
  • Any type of drug that gives off a depressant effect on the central nervous system.
  • Any anabolic steroids. This includes the use of testosterone.

One important thing to remember in the state of Arizona is that if you have any drug, no matter what form it is in, it is illegal to possess unless you have a doctor’s written prescription. In certain ways the laws are worded, you could have a small ingredient of a particular drug that could make you responsible for having the drug in your possession. You could face punishment for it just like you would if you had the entire drug in front of you.

Here at DM Cantor, we see these types of felony drug charges frequently and can help you to get your drug charge dismissed, reduced, or another positive outcome. We have many years of experience in drug cases and can help you to beat your charges. If you have been charged with possession of drugs for sale or transporting drugs in Arizona, contact our office today so that we can help you.

 

Click Here to Read Entire Article…


Arizona Laws for Legally Cultivating Marijuana

Arizona Laws for Legally Cultivating Marijuana

You might think that because Arizona and Colorado are neighbors, that Arizona might adopt the same laws as Colorado when it comes to marijuana. However, this is not the case. Arizona has some of the strictest laws in the country. In November of 2016, there was a measure that would have legalized marijuana. It was called Proposition 205. It failed by a narrow margin, and Arizona still has some of the strongest laws known in the United States.

Rules for Possession of Marijuana

The only way that you can legally grow marijuana in the State of Arizona is if you have a medical marijuana ID card. This must be given only by a licensed MD., DO, or N.D. in Arizona. When you have a medical card, this will allow you to possess 2.5 ounces every 2 weeks, and you will be allowed to grow up to 12 plants as long as you do not live within 25 miles of a dispensary.

Arizona marijuana is also known as cannabis. It is labeled as a Schedule 1 controlled substance. This law also includes all the different forms of marijuana, including concentrates and edibles. If you are caught with any form of cannabis, you will face a felony charge under the ARS 13-3405. The charges for possession of marijuana will depend on how much you have, and what the specific charge is.

Medical Marijuana in Arizona

Proposition 203 was first defeated in 2002 but the Arizona Medical Marijuana Act eventually passed in 2010 by the voters in Arizona. If you want to use medical marijuana in Arizona, you will have to be registered with the Arizona Department of Health Services, and have a registry identification card. To qualify you must:

Click Here to Read Full Article


When Does Possession of Marijuana Become Intent to Sell?

Possession of Marijuana Intent to Sell

Conviction of possession of marijuana or intent to sell charges lead to serious punishment in Arizona. Under state law, “marijuana” refers to any or all parts of the cannabis plant from which the resin has not been extracted. The plant may be growing, dead, or just in the form of unsterilized seeds capable of germination. Police and prosecutors work closely together to ensure as many convictions as possible are delivered on cases of possession or sale of these plants, with felony convictions resulting in jail time, prison, expensive fines and other penalties.


When Marijuana Possession Becomes Intent to Sell

Arizona Revised Statute, ARS 13-3405 states, “A person shall not knowingly possess or use marijuana” or “possess marijuana for sale.” But what makes possession of marijuana “intent to sell?” The statute defines possession of marijuana for sale as meeting three standards beyond a reasonable doubt:

  • You knowingly possessed marijuana
  • The substance is confirmed as marijuana
  • The possession is for the purpose of sale

(more…)


Drugged Driving Can Cause Serious Consequences

drugged dui accident

When the term “driving under the influence” is heard, the first thing that usually comes to mind is alcohol intoxication. But alcohol is only one of the countless substances that can impair an individual’s ability to drive. Driving under the influence of drugs, including prescription medications and illegal substance can cause severe consequences. According to the Substance Abuse and Mental Health Services Administration (SAMHSA), approximately 10 million Americans drive under the influence of drugs each year, making up 18% of fatally injured drivers. Let’s examine the top three consequences that drugged driving can cause. (more…)


Civil Forfeiture Cases and Defenses

Civil forfeiture, also called civil seizure, or civil judicial forfeiture, is a controversial legal process in the United States in which law enforcement officers take assets from people suspected of being involved in a crime or some sort of illegal activity. The problem with forfeiture cases is that the person suspected of being involved with a crime or illegal activity will not be necessarily charged with a crime or wrongdoing.

Civil forfeiture is a controversial legal process. Sometimes, the law enforcement officers will simply threaten to seize property, or anything of value, such as gold, cash, real estate, a boat or a house. The actual act of seizure itself also falls under forfeiture if the officers suspect that it was being used in a crime. Those in favor of civil forfeiture see it as a powerful tool to thwart criminal activities and organizations. However, critics argue that the act itself leads to corruption and misbehavior by the law enforcement. There is an ongoing debate as to whether the overall benefits of forfeiture outweigh the drawbacks. (more…)


Cocaine Possession, For Sale: The Middle Man

In the state of Arizona, possession of drugs for sale and/or transportation for sale, are very serious charges.  The following is a common scenario in college environments:

21 year old Tim is a senior at a large Mid West university who is majoring in business and is in a fraternity.  One Friday night he and nine of his fraternity buddies know of a party going on that they want to attend.  One of Tim’s friends suggests that they all buy one gram of cocaine each to take during the night.  Tim knows a guy who sells cocaine but doesn’t feel comfortable being the middle man.  His friends all converse and nobody knows where to get the cocaine.  Even though he didn’t want to, Tim tells the guys that he knows somebody who deals coke.

Each of the guys gave Tim enough money for one gram of coke each.  With the money in hand Tim calls up his dealer and meets him to buy the cocaine.  The dealer gives Tim 10 individual one gram bags of coke to give to his friends.  Tim takes the cocaine and heads back to the fraternity house to give his friends their individual bags.

Tim is pulled over on the way home because he had a broken tail light.  Tim forgot that he did not cover the drugs in his backseat because he is not used to buying drugs.  The police officer sees the numerous baggies and asks Tim to step out of the car.  Tim thinks he will be fine because he knows it’s not all his but what Tim doesn’t know is that having more than 9 grams of cocaine is the legal threshold which turns his friendly pick up deed, into a possible 25 year prison sentense without parole.  Even though only one of the grams is his, he is now looking at possession of drugs for sale and/or transportation for sale.

If you need help with a situation like this or would like to read a possible defense for this scenario, visit our possession of drugs for sale and/or transportation for salepage and contact us immediately, at 602-307-0808.


Synthetic Drug Laws in Arizona

Guest Post by Lauren Williams, Legal Blogger for King Law Offices, Greenville, SC

 

Up until April 2013, the synthetic drug commonly known as “K2”, “Spice” or “bath salts” were legal in Arizona. While these drugs were labeled “not for human consumption”, they were marketed as a legal alternative to marijuana. An Arizona Criminal Justice Commission study found nearly 7% of 8th Graders, over 11% of 10th-graders and nearly 14% of 12th-graders had tried such synthetic drugs last year.

In April, House Bill 2327 was signed into law. This bill bans “any material, compound, mixture or preparation which contains any quantity of cannabimimetic substances and their salts, isomers… and salts of isomers”, putting “bath salts” alongside such dangerous drugs as cocaine and methamphetamines. Under the new law, persons in possession of synthetic drugs listed under the Arizona “Dangerous Drugs” statute would be treated just as if it were a marijuana possession. If the offender has not been arrested on federal drug charges prior to this charge, he or she will be eligible for probation and drug treatment.

 

Should the offender have had at least two prior felony drug convictions, the following applies:  

“Marijuana two (2) or more pounds, but less than four (4) pounds: class five (5) felony which carries mandatory prison from six (6) months to two and one half (2.5) years of incarceration. If the defendant has one (1) allegeable historical prior felony conviction, then a second offense felony would require prison of anywhere from one (1) year to three and three quarters (3.75) years of incarceration. If the defendant has two (2) allegeable historical prior felony convictions, then a third offense felony would require prison anywhere from three (3) years to seven and one half (7.5) years of incarceration.”

 

Defendants charged with selling, delivering or distributing synthetic drugs will face much harsher penalties, in line with penalties for intent to sell or distribute marijuana. Federal law already prohibits the sale of these synthetic drugs, both online and in retail stores.

Have you been charged with possession of synthetic marijuana in Arizona? Call us to schedule a free consultation for your case. Our offices can be reached 24 hours a day at (602) 307-0808 or via email.


What is a DUI with Drugs in Arizona?

There has been a large increase of DUI for drug cases over the last decade in the State of Arizona. Even if you aren’t under the influence of alcohol while operating your vehicle, you can still be charged with a DUI (Driving under the influence) if you are under the influence of drugs or controlled substances. If you’re convicted of the DUI drug case, serious consequences will most likely occur but there are many ways that an attorney can fight these cases.

So what is a DUI with Drugs charge? Under the Arizona Revised Statutes 28-1381, the law states that if an individual is driving or is in actual physical control of a vehicle “while under the influence of any drug, vapor releasing substance containing a toxic substance, and any combination of alcohol and drugs and they are impaired to the slightest degree” or “If any controlled substance is found in their body” they may be convicted with a drug DUI offense.

Some of the most common types of drugs defined that may result in a drug DUI charge are marijuana, cocaine, methamphetamines, amphetamines, nitrous oxide, psilocybin mushrooms, ecstasy, or opiates such as, hydrocodone, oxycodone, codeine, and heroin. Basically any type of intoxicating drug can result in a drug DUI charge. Drug DUI charges can also be known as: Metabolite DUI, Weed DUI, THC DUI, or Pot DUI.

When you are pulled over and a law enforcement official suspects that you may be under the influence of drugs, they will almost always conduct a field sobriety test. These tests may include the heel-to-toe test, the finger-to-nose test, a one leg stand, alphabet recitation, or an eye test called the “horizontal gaze nystagmus” test. If they suspect you are under the influence, they may also ask for you to submit a blood chemical or urine test. There are times when it is wise to take these tests and there are times when it is best to refuse these tests. An attorney can offer legal advice for these types of scenarios.

DUI Drug offenses can be charged as a misdemeanor or a felony but first time offenders with no accident involved are typically charged with a misdemeanor. The presumptive sentence of a first time offender according to Arizona Revised Statutes section 13.707 is six months in jail and/or fines of no less than $250. There are also court fees and drug education classes that may be involved in the sentencing. People accepting plea bargains and those with lawyer representation normally get reduced sentences with some or all jail time being suspended, which it is wise to seek legal representation.

Because the mere presence of controlled substances in your system is enough to charge you for a drug DUI offense, it is usually wise to seek legal advice. Attorneys can often help get these charges dropped or sentences reduced because there are many factors that may need to be determined for a conviction.

If you live in Arizona and would like a free consultation on a DUI charge, please call our offices at (602) 307-0808 to schedule your appointment. We can also be reached via email by using our secure confidential form.


12
Click to Watch Important Questions to Ask when Hiring a Lawyer

Request a Free Consultation

Fill out the form below to recieve a free and confidential intial consultation.


DM Cantor

Call 24/7 602-307-0808

40 N Central Ave, Ste 2300
Phoenix, AZ 85004
Click here for Directions

For Family Law questions please go to Cantor Law Group.
For Car Accident or Personal Injury Visit Cantor Injury Lawyers.
[contact-form-7 id="8868" title="Exit Intent"]