Arizona Drug Sentencing Laws: What You Need to Know

According to NL, in Arizona, controlled substances are categorized into six groups: narcotic drugs, substances that emit toxic vapors, peyote, marijuana, prescription drugs, and dangerous drugs [1]. The prosecution must prove specific elements depending on the drug crime charged.

For example, in cases of narcotic possession, the state must demonstrate beyond a reasonable doubt that: (1) you knowingly possessed the substance, (2) the substance was a narcotic drug, and (3) the substance in question was indeed a narcotic, often requiring scientific testing and expert testimony.

Certain threshold levels of controlled dangerous substances are considered presumptive of sales. If your case involves those threshold levels, you will face a mandatory prison term for a conviction, even if it’s your first offense and there isn’t any evidence of actual sales. The threshold amount varies depending on the drug

Sentencing for Specific Drug Offenses in Arizona

Understanding Arizona’s drug sentencing laws is crucial if you’ve been charged with a drug-related offense, as penalties can be severe and vary based on the specific charge and substance. Nonviolent drug offenders may receive lighter sentences, typically involving probation and mandatory drug treatment. However, violating probation can lead to incarceration.

For example, a first offense involving the possession of less than 2 pounds of marijuana can result in up to 5.75 years in prison, depending on prior felony convictions. Typically, if the marijuana is for personal use, it is charged as a class 6 felony, with fines up to $2000 or three times the value of the marijuana, and up to 1 year in jail for first-time offenders.

In cases involving dangerous drugs below the threshold amount, a first offense charged as a class 4 felony may be reduced to a class 1 misdemeanor. Fines can reach $2000 or three times the drug’s value, with potential sentences ranging from probation and drug treatment to up to 1 year of incarceration, or 3.75 years if prior convictions exist.

For first-time narcotic drug offenses like cocaine possession, charges may be classified as a class 4 felony, with a possible reduction to a class 1 misdemeanor. Penalties include fines up to $2000 or three times the value of the substance and potentially 1 year in jail.

Elements of the Crime: Proving Possession of a Narcotic Drug

According to FindLaw, for a guilty verdict in any criminal case, the prosecution must meet a specific burden of proof [2]. In the case of possession of a narcotic drug, the state prosecutor must establish two critical elements beyond a reasonable doubt:

The Defendant Knowingly Possessed a Narcotic Drug

Simply being present where drugs are found is not enough for a conviction of possession. There must be evidence linking you to the drugs so it can reasonably be inferred that you knew about the drug’s existence.

It’s important to note that possessing a “usable quantity” of the drug is not a requirement for conviction; the mere presence of the drug is enough.

The Substance Was a Narcotic Drug
The prosecution must also prove that the substance in question is indeed a narcotic drug. This requires the substance to be scientifically tested by a forensic expert, who must later testify in court to confirm that the recovered substance qualifies as a recognized narcotic drug under the law.

Defenses to Drug Charges: How to Challenge the Prosecution

In a drug-related trial, the prosecution must prove every element of the crime beyond a reasonable doubt. Defending against these charges often involves challenging one or more of these elements [3].

For instance, in a drug possession case, the prosecution must demonstrate that you knowingly possessed illegal drugs. A defense attorney might argue that you were unaware of the drugs’ presence or that they were found in a shared space, such as a common area in your home.

If the police found the drugs in your car near the passenger areas or in your passenger’s clothing or belongings, you may be able to argue that the illegal drugs were not yours and that you did not know your passenger possessed illegal drugs

Procedural Defenses

In addition to substantive defenses, there are procedural defenses based on constitutional rights. If the police violated your rights during the investigation or arrest, you might be able to suppress the evidence obtained. For example, if the police conducted an unlawful stop and searched your car without probable cause, any drugs found during that search could be excluded from evidence due to a Fourth Amendment violation.

Similarly, if the police failed to read you your Miranda rights before an interrogation, any statements you made might be suppressed at trial.

Successfully defending against drug charges requires a detailed examination of how the arrest was made, whether proper procedures were followed in collecting evidence, the maintenance of the chain of custody, and whether the laboratory handling the drug samples followed correct protocols.

Other Defense Strategies

In some cases, you may be able to claim entrapment. Under Arizona law (A.R.S. § 13-206), entrapment is an affirmative defense that can be used in criminal cases.

To use this defense, you must admit to the crime’s elements but prove by clear and convincing evidence that: (1) law enforcement initiated the idea of committing the drug crime, (2) they pressured you into committing it, and (3) you were not predisposed to commit the crime before the police intervention.

However, if you were predisposed to commit the crime and the officers merely provided the opportunity, or if they used a ruse without coercion, entrapment may not be applicable.

Additionally, a defense attorney might question the credibility of a confidential informant whose information led to your arrest. Police often rely on informants to track drug activity, and they must include informant details in their warrant applications. If an officer knowingly included unreliable information from an informant in an affidavit to obtain a search warrant, the evidence gathered during that search could be suppressed.

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If you feel affected by any of these matters, contact our criminal defense attorney today.

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References:
1. https://www.novakazlaw.com/arizona-drug-sentencing-laws.html
2. https://www.findlaw.com/state/arizona-law/arizona-drug-possession-laws.html
3. https://www.novakazlaw.com/defenses-to-drug-charges.html

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