Drug Possession and Sales

Arizona law criminalizes the possession of drugs in a variety of situations. The most commonly charged crime under this statute is simple possession of narcotic drugs for personal use, which is classified as a class 4 felony. 

There are multiple different crimes that are classified under Arizona’s narcotic statute. 

ARS 13-3408 states that a person “shall not knowingly”:

• A.R.S. § 13-3408(A)(1): Possess or use of a narcotic drug, a Class 4 felony.
• A.R.S. § 13-3408(A)(2): Possess a narcotic drug for sale, a Class 2 felony.
• A.R.S. § 13-3408(A)(7): Transport or sell a narcotic drug, a Class 2 felony.

In connection with these offenses, the State often also charges A.R.S. § 13-3415, Possession of Drug Paraphernalia, a Class 6 felony.

It is important to note that for a Possession for Sale change, a sale does not have to take place. It simply means the quantity of drugs is consistent with sales versus personal use.

The penalties for possession of drugs for sale in Arizona vary depending on factors such as the type and quantity of drugs involved, the defendant's criminal history, and other aggravating circumstances. Simple possession can start with a range of 1-3.75 years in the Department of Corrections. A sales charge can start at 3-12.5 years in the Department of Corrections.

If this is your first offense and the charge is only personal possession, you may be eligible for a pre-indictment diversion program. It is crucial for individuals facing charges to seek legal representation from an experienced criminal defense attorney. 

Knowledgeable attorneys like those at South & Wright can assess the specific circumstances of the case, explore potential defenses, and work to achieve the best possible outcome for their client given the circumstances and the law.