Attorneys with Michael P. Denea PLC have been handling drug crimes for nearly 16 years. Over the course of that time, our firm has handled hundreds of cases involving personal possession, possession with intent to sell, manufacturing or trafficking drugs and other crimes enumerated in the Arizona statutes.

What Are The Common Types Of Drug Offenses That You Handle?

The most common drug offenses our firm handles are personal possession cases. Oftentimes individuals who have nothing to do with the crime are inadvertently tied into a criminal action because they are contacted at or near the scene of the crime where drugs are involved. Passengers in a vehicle, roommates in a house, even witnesses on the street can mistakenly be bundled into the persons of interest involved in a drug investigation. Our firm works diligently to investigate the facts behind cases such as these to determine if the state has sufficient evidence to prove that the accused possessed the drugs in question and knew if the drugs were contraband.

How Is A Drug Charge Determined To Be Either A Misdemeanor Or A Felony?

Most drug possession cases are charged as felonies in Arizona although the State may, within its discretion, file charges for misdemeanor possession in cases involving marijuana. In terms of the drug statutes for simple possession of low quantities of drugs, it’s a Class 4 felony to possess or use narcotic drugs, a Class 4 felony to possess or use dangerous drugs, and a Class 6 felony to possess or use marijuana. These statutes only apply to possession for personal reasons.

What Is An Unlawful Controlled Substance In Arizona?

The charge and potential penalties for an Arizona drug possession charge depend on the type of drug in question. The state has a very clear way of designating different drugs and then prescribing specific penalties for the designation. Under Arizona law, a controlled substance is one of the following: A dangerous drug, a narcotic drug, marijuana or illegal vapors. Dangerous drugs can include methamphetamine, LSD, mushrooms, mescaline, ecstasy and Chlorodiazepam. Under Arizona law, you can be charged with possession of narcotics if you’re found with cocaine, heroin, oxycodone, morphine or opium.

What Is Considered Possession, Sale And Intent To Distribute Unlawful Drugs?

In Arizona, if you’ve been charged with possession for sale, distribution or intent to sell, it aggravates the crime severely. Factors that the police and prosecution will consider in determining the severity of the charges include, but are not limited to, the following: Whether you unknowingly participated in the controlled buy with an undercover officer or a confidential informant, the quantity, the substance alleged to be for sale or intended to be sold in your possession, the presence of bags, packaging material, precursors for manufacturing or other circumstantial evidence that might tend to indicate the sale or manufacturing of illegal drugs, the type or the classification of the drug seized, your prior criminal history, and whether you are a first time or a repeat drug offender.

How Serious Is A Drug Trafficking Charge In Arizona?

Drug trafficking refers to the process of bringing illegal drugs across the national border or across state borders, including marijuana, cocaine, heroin, methamphetamine or other illicit substances. These types of crimes are routinely prosecuted by the federal authorities, as well as the state authorities. The sentences for drug trafficking offenses are typically severe and depend on the type and amount of drugs involved and the geographic area of distribution. It’s important to consult a qualified criminal attorney in order to understand where on the sentencing bracket you may fall based on the facts of the case.

Does Arizona Recognize Any Legal Uses Of Marijuana?

Arizona voters approved Proposition 203 in 2010. That initiative legalized the medical use of marijuana. The Arizona Department of Health Services was given the task to regulate the Arizona Medical Marijuana Act, which allows state-licensed doctors to recommend medical marijuana to Arizonans that have at least one qualifying condition. With the recommendation, a patient can get an Arizona medical marijuana card, which allows them to purchase, possess and use marijuana without the fear of being criminally prosecuted. The patient can possess up to 2.5 ounces of marijuana at any time.

For more information on Drug Cases In Arizona, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (602) 794-4480 today.