I Was Charged with Drug Possession in Arizona, What Happens Next?

Were you charged with drug possession in Arizona? You could be facing prison time and hefty fines. Right after the arrest, expect a ride to the nearest police station, followed by a court appearance where a judge will decide to either release you (either on bond or without bond) or hold you in custody.

While in custody, refrain from disclosing any information to the police or judge without the presence of your lawyer, as anything you say may be held against you. If you don’t have an attorney, ask a family member or friend to help you secure one.

Having a skilled criminal defense lawyer in your corner may be your best chance at reducing the potential consequences you might face.

Defining Drug Possession in Arizona

According to Arizona law, it’s a crime to possess and/or use a controlled dangerous substance (CDS). The penalties for the crime depend on various factors, including the type and quantity of the drug involved.

In many if not in most cases, drug possession is classified as a felony offense in Arizona. There are also some exceptions for certain drugs or small amounts of controlled substances, which may be classified as misdemeanors.

How Are Controlled Dangerous Substances Classified in Arizona?

In Arizona, controlled dangerous substances are divided into six general categories.

Peyote

Peyote is a small spineless cactus whose psychoactive compound, mescaline, is a hallucinogen. When ingested, mescaline can induce altered states of mind and hallucinations.

Substances Emitting Toxic Vapors

Several chemicals like glues, household products and pesticides fall into this category. Inhaling or being exposed to those toxic vapors, especially in high amounts or for a long time, can produce feelings of intoxication and a temporary high.

Marijuana

Although possession of recreational marijuana is currently legal in Arizona, you can still face criminal charges if you possess more than one ounce of marijuana.

Prescription Drugs

Many prescription drugs are classified as controlled substances because of their potential for abuse and addiction. Examples include medications like opioids (e.g., oxycodone, hydrocodone) and benzodiazepines (e.g., Xanax, Valium). Having these drugs in your possession without a valid prescription can lead to criminal charges.

Dangerous Drugs

These are substances that alter perception, cognition and mood. Examples include LSD, psilocybin mushrooms, mescaline and ecstasy. They’re classified as dangerous drugs due to their mind-altering effects, potential for psychological distress and the risks associated with intoxication.

Narcotics

In Arizona, the term “narcotics” is used for substances derived from opium or synthetic analogs with similar effects. Examples include heroin, morphine and fentanyl. Another example of a narcotic in the eyes of the Arizona law is crack cocaine, which is under the umbrella of drugs known as cocaine derivatives.

Penalties for Drug Possession in Arizona

The law considers possession of controlled dangerous substances (CDS) to be a serious offense. The penalties for drug possession vary depending on factors like the type and quantity of the substance involved as well as your prior criminal record. In other words, having an illegal amount of marijuana in your possession versus having fentanyl in your possession may be viewed with very different levels of severity. Also, if you’re caught with drugs for the first time, you could be facing a lesser sentence versus someone with a long rap sheet of drug-related crimes.

If you’re charged with possession of peyote, you could be charged with a Class 6 felony. If convicted, you could face imprisonment for anywhere from four months to two years and a fine of up to $150,000.

Exceeding the legal limit of marijuana can result in different charges depending on the amount in your possession. For example, if you possess more than one ounce but less than 2.5 ounces of marijuana, you could be charged with a Class 6 felony. However, if you possess more than four pounds of marijuana, expect to be charged with a Class 4 felony, which is punishable by one year to three years and nine months in prison. Additionally, you could be ordered to pay up to $150,000 in fines.

Possession of narcotics like heroin, cocaine or fentanyl is also a Class 4 felony unless your intention is to sell these substances or you’re a repeat offender—in these circumstances, you could be facing an even harsher conviction and penalties.

What Are Some Possible Defenses?

If you’re facing criminal charges of drug possession, the good news is not all hope is lost. Your defense attorney can explore and apply several different defenses to the unique circumstances of your case. Criminal defense lawyers may be able to argue you were subjected to unlawful search and seizure, that you lacked knowledge of the drugs or your drugs were for medicinal use.

Unlawful search and seizure happens when law enforcement conducts an illegal search and seizure without a valid warrant. In such cases, any evidence obtained during the search may be excluded from your trial.

Lack of knowledge means you weren’t aware the illicit substance was in your possession at the time of the arrest. For instance, if someone left drugs in your belongings without your knowledge, your attorney can argue you lacked the necessary intent or knowledge to actually possess the drugs.

If you have a valid medical marijuana card and were using or carrying marijuana for medical purposes, you may have a defense under Arizona's medical marijuana law, which has a higher maximum possession limit.

These are some potential defenses, but whether they’re applicable depends on the specific circumstances of your case. It’s a good idea to discuss your case with a knowledgeable criminal defense attorney who can evaluate the evidence, identify the defenses with the highest likelihood of success and provide you with tailored legal advice based on the situation at hand.

Contact a Phoenix Criminal Defense Attorney

Are you facing drug possession charges in Phoenix? Secure your legal representation by contacting the Law Office of Michael Alarid III.

Mr. Alarid is a board-certified criminal defense attorney with extensive experience handling drug possession cases. He has a proven track record of successfully defending clients in the Phoenix area. With his extensive knowledge of Arizona drug laws and his dedication to protecting his clients' rights, Mr. Alarid is standing at the ready to provide the competent legal advocacy you deserve.

Call the Law Office of Michael Alarid III at (602) 818-3110 to schedule a consultation.