Possession of Dangerous Drugs in Arizona

Everything You Need To Know

You can be charged with using, administering, acquiring, selling, manufacturing, or transporting dangerous substances in Arizona. It's one of the most prevalent drug offenses, and if you or a loved one has been charged, you'll need help understanding your rights and legal options. The legal ramifications of this crime can be severe and complicated. The following is a list of some of the most prevalent concerns raised by people who have been charged with these crimes.

What Exactly Is A Possession Of A “Dangerous Drug” Charge?

Possession or use of dangerous drugs is a felony charge defined under Arizona Revised Statute 13-3407. Any sort of narcotic that is not marijuana is considered a "dangerous drug" in Arizona, including cocaine, amphetamines, methamphetamine, hallucinogenic substances, anabolic steroids, and some prescription medications. The Arizona Revised Statutes list a total of 332 various types of drugs that can be categorized as “dangerous.”

The majority of criminal prosecutions involve a person being in possession of a dangerous drug for personal use only, with no evidence that the drug is being sold or used for any other reason. This form of criminal charge is most commonly seen when a person is stopped in their car for something unrelated, arrested, and the police discover dangerous narcotics on their person or in the vehicle's proximity.

When a person is arrested, the police will usually examine the car as well as the person. Frequently, they will uncover dangerous drugs and add dangerous drug offenses to the existing counts. Possession of dangerous drugs is the least serious form of dangerous drug possession, although it is still a felony.

Other behaviors that result in a dangerous drug charge include conduct such as:

• Transporting or Importing Dangerous Drugs
• Possessing a Dangerous Drug with the Intent to Sell
• Administering Dangerous Drugs
• Possessing of Dangerous Drug Manufacturing Equipment or Chemicals
• Manufacturing Dangerous Drugs
• Obtaining Dangerous Drugs Through Deception or Fraud

The severity of charges increases dramatically if the conduct of the person in possession of a dangerous drug involves anything other than personal use. The state of Arizona has also made clear that they are targeting individuals who distribute, manufacture, transport, or administer dangerous drugs.

What Are The Consequences In Arizona For Dangerous Drug Offenses?

The penalties for possession of dangerous drugs will vary based on a variety of factors. A defendant may be convicted under ARS 13-3408, depending on the level of felony of the offence, the number of felony convictions they have had previously, or if the narcotic involved was methamphetamine. Methamphetamine convictions carry far higher punishments than those involving another dangerous drug.

Each felony has a different sentence length. In Arizona, a lower the felony classification number (i.e. Class 2 felony) indicates a more serious the offense. A higher felony classification number (i.e. Class 4 felony) indicates an offense that will likely carry less severe penalties.

For non-methamphetamine charges, the range for first-time felony offenses is as follows:

• 2 to 12.5 years in prison for a Class 2 felony
• 2 to 8.75 years in prison for a Class 3 felony
• 1 to 3.75 years in prison for a Class 4 felony

For a second felony conviction involving non-methamphetamine charges, penalties range as follows:

• 4.5 to 23 years in prison for a Class 2 felony
• 3.25 to 16.25 years in prison for a Class 3 felony
• 2.25 to 7.5 years in prison for a Class 4 felony

Felony convictions for any dangerous drug for the third time are:

• 10.5 to 35 years in prison for a Class 2 felony
• 7.5 to 25 years in prison for a Class 3 felony
• 6 to 15 years in prison for a Class 4 felony

Additional options for sentencing exist based on whether the defendant has violated certain probation terms, or if they have violated specific sections of A.R.S. 3407. It’s also worth noting that there are enhanced penalties for those who possess, administer, or transport drugs in certain quantities. Arizona law is very specific in defining what these quantities, or “statutory thresholds” are:

• Methamphetamine: 9 grams
• Amphetamine: 9 grams
• Lysergic acid diethylamide: 1/2 milliliter
• PCP: 4 grams of 50 milliliters
• Other dangerous drugs of any weight valued at more than $1000

Drugs proved to be in an amount greater than these thresholds will result in the person having to serve their entire probation or prison sentence. They will also be ineligible for release or pardon.

You should know that if you are convicted of possessing dangerous drugs and are sentenced to probation or have your sentence suspended, you will be subject to a number of rigorous conditions. For one thing, as one of your probation's mandatory conditions, you must do 360 hours of community service.

What Are Some Possible Defenses To A Possession Of Dangerous Drug Charge?

Facing possession of a dangerous drug charge can be overwhelming and stressful, but convictions are not automatic, and all cases must be proven in court. Some of the most successful defenses for these charges include:

Insufficient Evidence

Every criminal case in Arizona must be proven "beyond a reasonable doubt." When it comes to charges of dangerous drug possession, a defense lawyer can look over the state's evidence for flaws in the facts presented. It's possible that the police committed mistakes throughout their investigation, or that the state's witnesses are untrustworthy. With the availability of widely available body cam footage that shows the full events of an arrest, we sometimes see police reports that do not fairly depict the facts of the case or leave out essential details that could be crucial to a person's defense.

Violations Of Constitutional Rights

Every individual detained has the right to an attorney and to be free of unlawful searches and seizures. Unfortunately, the police may violate these constitutional rights in the process of making an arrest. When this happens, a defense lawyer can submit an application with the court to have the evidence in the case suppressed, preventing the prosecutor from using it in court. The case may be eligible for dismissal in some cases, particularly when there has been a violation of the right to counsel.

Lack of Knowledge

The prosecution must show that the defendant possessed the drugs "knowingly" and state must show beyond a reasonable doubt that the person detained for dangerous drug possession was aware of their presence.

Lack of Possession

Despite a person’s awareness that a drug exists, it is possible that they did not possess them. According to Arizona law, "possession" involves either having actual possession of something or having "dominion or control" over it. Having dominion or control over something indicates you have "absolute ownership" or "power over" it.

False Lab Analysis

When people are arrested for possessing dangerous drugs, it is occasionally because they are not the substances that the police assume they are. The police will send the substance to the crime lab for analysis after detaining someone for possession. To prove its case, the prosecutor will summon the analyst as a witness. Your attorney, on the other hand, may hire an expert to question the chain of custody or the methods employed in the analysis.