Everything You Need to Know About Possession of a Controlled Substance in Phoenix, Arizona

You shouldn’t take it lightly if you're arrested for possessing a controlled substance in Phoenix, AZ. If the prosecutor proves the charges on you, you're likely to pay court costs and fines and possibly require participating in addiction counselling or receiving probation.

Even if caught with a small number of narcotics or controlled drugs such as cocaine and heroin, you will face 3 to 15 years of jail time. That is why it is crucial to establish a tough defence by contacting a competent and experienced drug possession attorney in Phoenix. The attorney will ensure that your case is presented in your favor.

Keep on reading to learn everything you need to know about possession of a controlled substance in Phoenix, AZ.

What is Drug Possession?

A drug is typically a chemical used as medicine to prevent and treat illnesses or diseases. Drugs are powerful enough to change your mental and physical state. A wide variety of medications can affect your body in different ways. They may have long-term or short-term effects on you, including dependency.

Keep in mind that the more drugs you take, the more likely you’re to build a tolerance to their effects. Many people become addicted to drugs because they help them feel better and reduce the pain accompanied by various illnesses. But drug dependence for a long time causes people serious harm.

Also, many drugs in pharmacies or medical centers can be bought without a doctor’s prescription. These drugs are called over-the-counter medicines. They are effective and safe if you follow the directions on the label. It is essential to take advice from a medical professional before using over-the-counter medicines.

People can obtain another category of drugs through a doctor's prescription. These are called prescription drugs or medicines. You can classify these drugs into two significant categories: controlled and non-controlled substance medications.

People use non-controlled substances and drugs to treat different medical ailments, including bacterial infection, high blood pressure, and diabetes. In contrast, controlled substance drugs are for treating anxiety disorders and pain reduction. The reasons why controlled substance comes with strict regulations include the possibility of mental and physical harm, illegal drug trafficking, danger of abuse and addiction, and even death.

Charges for Possessing Controlled Substances in Phoenix

Illegal use or possession of controlled substances without a doctor’s prescription is a felony. The drug possession laws in the state are well-detailed and list all the quantities and types of prohibited drugs, including penalties and charges.

The laws in Arizona have severe punishments for drug possession. Most penalties and charges are based on the substance type, criminal history, and your intention to sell the drugs. The minimum fine for drug possession starts from $2,000. It may be thrice the value of the medication you have.

Drug possession is a Class 4 felony in Phoenix. But if you're a first-time offender or the drugs possessed weren’t amphetamine or meth, the felony may reduce to a Class 1 misdemeanor. If your previous record is clear and you've no prior drug possession record, you will get 0-1 year of jail time.

However, you can get jail time for three years if there is a prior conviction. If you possess narcotics such as heroin, meth, and cocaine, you will have Class 4 felony charges or a Class 1 misdemeanor. You will get a minimum jail sentence of 1 year (mandatory) if there isn’t any prior conviction.

There is a risk of getting 15 years of jail imprisonment if you’re convicted or charged for the second time. If the drugs you possess are marijuana for personal use, it is a Class 6 felony. If you personally produced the drugs, it is a Class 5 felony, and if you’re a seller or distributor, it is a Class 4 felony.

The criminal laws in Arizona are subject to change; therefore, it is crucial to seek professional help from a reliable Phoenix drug defence attorney to verify the laws. Generally, there are six categories of controlled dangerous substances according to the criminal law of Arizona:

• Peyote
• Substances that release toxic vapors
• Marijuana
• Narcotic drugs
• Prescription drugs
• Dangerous drugs

It is worth mentioning that people are allowed to use marijuana for medicinal purposes in Arizona. But if an individual cultivates, possesses, and distributes marijuana for recreational and non-medical reasons, it is a serious drug offense in Phoenix.

Also remember that if you have been charged with a narcotics crime, the prosecutor must prove that you, as an offender, have intentionally and knowingly kept narcotic drugs to establish a guilty verdict. The prosecutor needs sufficient evidence to show you're linked with illegal drugs.

Moreover, there has to be a comprehensive investigation to prove that the drugs seized from you are dangerous.

Proposition 200

Arizona implemented Proposition 200, which states that the judge isn’t allowed to sentence jail time to a first-time offender or second-time non-violent accused until the person is convicted for the same crime a third time.

The standard punishment for this crime includes obligatory drug treatment and probation. If the accused or offender violates the probation period, they get jail imprisonment.

Fighting Drug Possession Charges

If you’ve been charged with or arrested for drug possession, the first thing you should do is to consult a qualified and experienced attorney in Phoenix, AZ. Only a lawyer with years of experience in drug possession cases knows the local statutes on charges.

If you’re a first-time offender, your attorney will look into deferred prosecution in Arizona. If the attempt is to encourage rehabilitation and keep the accused person out of jail rather than punishing them, the State stops the prosecution process of the offender to help them participate in the probation program.

This can include drug treatment, tests, and classes. The judge drops the charges if an accused person completes the program successfully. However, if an offender can’t complete the program for any reason, they may face penalties and charges.

If the option isn’t available, it doesn’t mean that you shouldn’t hire a good drug attorney. A lawyer is a legal expert who ensures you understand the laws and charges you may face. Also, your lawyer makes sure to do everything that could help you lessen or dismiss the charges.

Summing Up

The court will penalize you with jail sentences and fines if you're convicted of drug possession. You’ll also lose eligibility for public benefits, such as welfare, educational scholarships, and housing allowances. The conviction leads to severe punishments and damages your reputation and character. Therefore, seeking professional assistance is critical if you’re arrested for drug possession of a controlled substance in Phoenix, AZ.

If you're facing charges relating to drugs, you might want to understand Arizona's law and secure the right legal counsel to ensure a fair trial.

Call the Phoenix Criminal Lawyer criminal law team at a (602) 600-0447 to get expert-level legal help with your case.