Will I Go to Jail For Drug-Related Crimes in Arizona?

If you’ve been charged with one or more drug-related crimes, you probably have many questions about the possible outcomes of your case, the most important of which being whether or not you’ll serve time in jail if you are convicted. 

The criminal defense lawyers at Lerner and Rowe Law Group understand the complexities of drug cases and recognize that the legal consequences can vary considerably depending on the charges, previous convictions, and other factors.

Find out more about the potential penalties of drug convictions from an Arizona drug crime lawyer.

What Are Drug-Related Crimes in Arizona?

What constitutes a drug-related crime is defined under Title 13, Chapter 34 of the Arizona Revised Statutes (A.R.S.). Sentencing often depends on the classification of the drug, the amount of the drug in your possession, and what you did or intended to do with it.

Controlled Dangerous Substances Classifications

There are six major classifications of drugs under Arizona law. These include peyote, marijuana, prescription drugs, dangerous drugs, narcotic drugs, and drugs that emit toxic vapors.

Not all controlled dangerous substances are considered to be of the same caliber, so sentences for possession, trafficking, or sale may vary considerably depending on the drug. For example, take a look at the classifications for a simple possession charge for the following substances:

• Peyote is a class 6 felony (ARS 13-3402)
• Any drug that emits toxic vapors is a class 5 felony (or in some cases, a class 1 misdemeanor) (ARS 13-3403)
• Possession of a dangerous drug (such as methamphetamine) is a class 4 felony.(13-3407)
• Drugs with more than twenty-four grams of pseudoephedrine (also referred to as a precursor chemical) is a class 5 felony (13-3404)
• Possession of a narcotic drug (such as fentanyl) is a class 4 felony (13-3408)
• Less than two pounds of marijuana is a class 6 felony (13-3405)
• Possession of a prescription-only drug is a class 1 misdemeanor (13-3406)

Note that even possession of any drug paraphernalia, and not a controlled substance itself, is considered a class 6 felony. (13-3415).

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Possession of Controlled Dangerous Substances

It is important to note that possession of drugs over the established threshold amounts often come with the presumption that the defendant intended to sell or otherwise distribute said substances, known as possession for sale.

Common Threshold Amounts (13-3401)

Production, Sale, or Transportation of Controlled Dangerous Substances

The production, sale, or transportation of controlled dangerous substances are serious charges that can carry hefty criminal penalties, especially for repeat offenses. If you are facing any of these types of charges, you’ll want to consult an Arizona drug crime lawyer as soon as possible.

First-Time Penalties for Selling or Transporting Drugs

A conviction for the transportation or sale of controlled dangerous substances can result in sentences of varying lengths, depending again on the type of controlled dangerous substance involved, whether it is over the amount threshold, and whether it is a first time offense.

•  The sale or transport of marijuana, when possession includes more than four pounds, can result in a class 2 felony, which carries a sentence of anywhere from 3 to 12.5 years’ imprisonment for a first-time conviction.
• The sale of transport of dangerous drugs or narcotic drugs is also a class 2 felony for a first-time conviction.
• The sale or transport of prescription-only drugs without a license or permit can result in a class 6 felony, which carries a sentence of anywhere from four months to 2 years’ imprisonment for a first time conviction.

First-Time Penalties for Producing or Manufacturing Drugs

Producing or manufacturing controlled dangerous substances commonly goes hand in hand with other drug-related crimes and can tack on additional jail time to existing convictions:

• The production of marijuana, when possession includes more than four pounds, can result in a class 3 felony, which carries a sentence of anywhere from 2 to 8.75 years’ imprisonment.
• The manufacture of, or possession of equipment to manufacture dangerous drugs or narcotic drugs is a class 3 or class 2 felony.
• The manufacture of, or possession of equipment to manufacture a prescription-only drug without a license or permit is a class 1 misdemeanor, which carries a sentence of up to 6 months’ imprisonment.

Do I Need An Arizona Drug Crime Lawyer?

If you want to ensure the best possible outcome in your criminal case, consulting an Arizona drug attorney is crucial. Whether you’ve been charged with drug-related crimes in the past or this is your first brush with the law, securing experienced legal representation can help you get the charges against you reduced, dismissed, or dropped altogether.

For the best criminal defense attorney who will explore every legal avenue on your behalf, look no further than Lerner and Rowe Law Group. Our criminal defense case results speak for themselves, our consultations are always free and confidential, and we provide our clients with affordable payment plans to make getting help more accessible.

To schedule your complimentary no obligation case review, call one of the numbers listed below. Representatives are also standing by to answer your questions via LiveChat, or you can send us a secure message using this form.