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Drug Crimes

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.

 

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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:

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Charged for DUI Drugs as a Medical Marijuana Card Holder in Arizona

Charged for DUI Drugs as a Medical Marijuana Card Holder in Arizona

Even though recreational possession and use of marijuana remains illegal in Arizona, it has been legalized in the neighboring states of California, Nevada, and Colorado. The possession and use of marijuana for medical purposes in Arizona is perfectly legal though for patients who qualify and are approved for it. What comes to issue for medical marijuana patients are Arizona’s impaired driving laws. It’s illegal to drive impaired in the state when under the influence of marijuana. A conviction is equivalent in seriousness as driving under the influence of alcohol.

Marijuana and Driving Under the Influence Laws

As per ARS 28-1381 (A)(3), a driver could be found guilty of DUI Drugs if he or she is determined to have been driving or was in actual physical control of a vehicle and was “impaired to the slightest degree” by any drug or its metabolite. That’s equivalent to a “zero tolerance” law. Under ARS section 13-3401, the definition of drugs includes marijuana. As per the Arizona Supreme Court, actual physical control is defined as having “current or imminent control” over the vehicle and presenting a “real danger” to yourself or the public. Current or imminent control over a motor vehicle is determined by a totality of the facts and circumstances surrounding a case.

Supreme Court of Arizona v. Hon. Harris (Shilgevorkyn) Case

On December 11, 2010, at about 10:30 p.m., Hrach Shilgevorkyn was stopped by the Maricopa County Sheriff’s Department for allegedly speeding and making an illegal lane change. Police believed that Shilgevorkyan might have been impaired, and he was asked to perform a series of field sobriety tests. After performing the tests, Shilgevorkyan said that he had smoked “weed” the night before. He was not using it for medical purposes. He was asked to submit to blood tests which he voluntarily submitted to shortly after midnight. It was determined that carboxy-tetrahydrocannabinol (carboxy-THC) was in his blood sample. Our criminal defense attorney from DM Cantor was obtained to represent Shilgevorkyan against these dui charges. What the case turned on was whether Carboxy-THC was an impairing metabolite. In a four to one decision, the Arizona Supreme Court determined that it was not. Here is a summary of the court’s decision and rationale. It focused on the interpretation of section 28-1381(A)(3).

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What is Reasonable Suspicion to Search My Car?

What is Reasonable Suspicion to Search My Car?

If a police officer has pulled you over and searched your car, you may have had questions about what your rights are and what the police are allowed to do.

  • What do police officers need to pull me over?
  • Can they search my car even if I haven’t committed a crime?
  • What do I need to know to protect myself?

While the specific answers depend on the situation, there are four critical things that you need to know about reasonable suspicion and what rules the police must follow.

Watch this short video from David Cantor about “No Reasonable Suspicion to Stop

1. What is Reasonable Suspicion to Search?

The only standard that a police officer needs to meet to pull your car over—which is also known as an investigatory stop—is reasonable suspicion, but what does that mean? Reasonable suspicion in its most basic sense says that “an officer has reasonable suspicion to believe that a crime has been committed.” While this standard may seem simple, reasonable suspicious contains other rules that must also be met.

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What to do if You Are Arrested for a Felony in Arizona

What to do if You Are Arrested for a Felony in Arizona

If you have been arrested in Arizona for a felony charge, it is vital that you understand your rights. A felony conviction can have significant consequences and may result in revocation of certain rights. Rights such as the right to vote and to possess a firearm. Because of this, you should be mindful of your rights and should contact an Arizona defense attorney as soon as possible.

What are some of Your Rights after you are Arrested for a Felony?

After you are placed under arrest for a felony offense, you have certain constitutional rights that are intended to protect your interests. These rights include the following:

The right to remain silent

  • The right to remain silent: After you are arrested, you are under no obligation to speak with law enforcement about the event. Police officers are often well-trained in interrogation tactics and will seek to obtain information that could be used against you in court. The prosecution frequently relies upon admissions made by defendants or inferences that can be drawn from statements that are made. To protect yourself and to limit disclosure of information, you should exercise your right to remain silent, at least until such time that you have legal representation present.

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How Long Can I Be Held in Custody by Law Enforcement?

How Long Can I Be Held in Custody by Law Enforcement?

In most cases, someone who is arrested will be taken into custody by law enforcement, processed into jail and then be formally charged with a crime before a judge during an arraignment hearing; but what happens if no formal charges are filed? Can the police hold you behind bars until they feel like taking action? How long do you have to wait before your case goes to trial? When should you involve a criminal defense attorney in your Arizona arrest case?

What Happens After an Arrest?

After an arrest, you are in a bit of a legal gray area. You have been taken into custody by law enforcement, but you have not been formally charged with a crime. As a result, you must remain in custody while awaiting charges for a period of time. If that time expires and you have not been charged, you must be released. While waiting, you will likely be brought before a magistrate judge who will determine your bail amount, if any. This differs from an arraignment in that, during an arraignment hearing, you are formally charged with a crime and are required to enter a plea. This is also when a trial date is set, and you will remain in jail until your trial.

If you are not charged within the hold period, you will not be arraigned, but a bail amount and the posting of bail may be required – see “how to post bail”. Once again, this is an area of legal limbo because you are still in jail while waiting to see what is going to happen, so you should contact your defense attorney as soon as possible after your arrest to ensure that you receive adequate representation from the start of the criminal justice process.

While Waiting in Jail:

  • Exercise your right against self-incrimination
  • Follow commands by law enforcement within legal boundaries
  • Contact your defense attorney
  • Know that you have not been formally charged with a crime until you have been arraigned

How Long Can You Be Held After an Arrest?

In Arizona, as well as in many other states, there is a limit of 48 hours after an arrest before formal charges have to be filed.

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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

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What are the Types of Arizona Felony Classes

Types of Arizona Felony Classes

Felony Class Types in Arizona

There are six levels of felony classes in Arizona. Each class has its own guidelines for punishment if convicted. When looking at sentencing, the law presumes that everyone will start at the presumptive sentence however, this sentence can be increased or decreased if mitigating or aggravating factors are found by the Judge or jury. The following sentencing ranges apply to a person with no prior felony convictions.

  • Class 1 – The only crime that falls under a Class 1 felony is murder. Murder charges are divided into two categories: First or Second Degree. First degree murder is punishable by the death penalty or by life in prison without parole. Second degree murder requires a minimum prison sentence of 10 years up to a maximum sentence of 25 years.
  • Class 2 – A Class 2 felony allows for a minimum sentence in the Department of Corrections of three years. This can be increased to up to 12.5 years for aggravated. Probation, with up to one year in jail, is also available.
  • Class 3 – Class 3 felonies allows for a minimum of two years in prison with an aggravated sentence of up to 8.75 years. Probation is also available.
  • Class 4– If sentenced to prison on a Class 4 felony, you face anywhere between 1 to 3.75 years. Again, probation is available.
  • Class 5 – A Class 5 felony provides for a minimum of six months in prison however, can be increased to up to 2.5 years. Probation is available.
  • Class 6 – Although a Class 6 felony, an example could be a DUI in Phoenix, also allows for a probation sentence, if sentenced to prison the range allows for anywhere between .33 – 2 years.

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