Understanding the legal system and the consequences of drug charges is essential if you are accused of possessing drugs in Arizona. Arizona has stringent drug laws, and the penalties for possession are severe. Most people charged with drug possession feel overwhelmed and confused about what lies ahead, the possible punishment, and the best way to protect their rights. Usually, drug possession charges are treated differently based on the type and quantity of the drug involved. Some possessions are charged as misdemeanors, while others are charged as felonies, and diversion or treatment options are also available.

Understanding Drug Possession In Arizona

Drug possession means having controlled substances on your person or within your control. This means the judge can charge you if drugs are found in your pocket, car, backpack, or even in a shared area, like an apartment or home, where it is determined that you had control over the drugs. Arizona law classifies drugs into various schedules depending on accepted medical use and their potential for abuse. You could face severe penalties if you are guilty of possessing dangerous drugs.

Common controlled drugs include heroin, cocaine, meth, and marijuana. Others are prescription drugs like Xanax and OxyContin, for which you can face charges if you possess them without a valid prescription.

You can face criminal charges if you are found with any amount of a controlled drug, even for personal use. It is not an offense in Arizona to possess small quantities of marijuana as an adult. However, possession of larger amounts of marijuana or any quantity of other drugs is still a serious crime.

Legally, ‘’possession’’ goes beyond being near a controlled substance. If the prosecutor accuses you of possessing a controlled substance, he/she should prove the following elements:

• You were aware that the substance was present, and you knew or should have known it was a controlled substance
• You had either actual physical control or constructive possession of the substance

Actual possession means that you had the said drug in your pocket or bag. On the other hand, constructive possession is more fact-dependent. The prosecutor must prove that the drug was found in a place under your control. He/she must also prove that the circumstances reasonably show that you were aware of its presence and could control it. Constructive possession is common where the controlled substance is found in shared residences or vehicles.

The Common Arizona Drug Possession Laws

Arizona has several drug possession statutes:

Narcotic Drugs - ARS Code 13-3408

It is a crime under ARS Code 13-3408 for you to possess or use narcotic drugs like heroin and oxycodone. Possession of narcotics is treated seriously and is often charged as a felony.

Dangerous Drugs - ARS Code 13-3407

Most prescription drugs are covered under ARS Code 13-3407. Simple possession under this law is often considered a class 4 felony. However, special rules and reductions can apply on rare occasions.

Marijuana - ARS Code 13-3405

You can face the charges under ARS Code 13-3405 if you possess, use, produce, or sell marijuana. However, adults over 21 years can legally possess small amounts after the enactment of the ‘’Smart and Safe Arizona Act 207 in 2020. You could still face the charges if you possess more than the allowed amount or engage in other prohibited conduct.

Penalties For A First-Time Possession

You will face possession penalties based on the statute and the facts, like:

• Amount or type of the substance
• Where the substance was found
• Your prior record
• Whether you intended to sell, and
• Whether you are eligible for statutory reductions or diversion

Marijuana

According to the Smart and Safe Arizona Act 207, you are allowed to possess up to 28 grams of marijuana if you are above 21 years. You will face civil or criminal penalties depending on the amount if you possess more than the allowed limits. For a minor offense, the first crime can be considered a civil penalty and attract a fine instead of a criminal charge. Repeating an offense or possessing larger quantities can result in increased charges for a petty or misdemeanor crime.

Dangerous Drugs - ARS 13-3407

The court can convict you under ARS Code 13-3407 if you possess controlled substances for personal use. This offense is often considered a class 4 felony. However, there are a few exceptions that can lower it to a misdemeanor.

Narcotics - ARS Code 13-3408

You will face felony charges if you are found in possession of narcotics. This offense often attracts penalties similar to those of other felony drug crimes, including fines, jail terms, and lasting collateral consequences. The exact penalty depends on the category, previous record, and whether the possession is for distribution or sale.

Petty or Misdemeanor Crimes

Certain low-level marijuana possession crimes or first non-serious offenses under Prop 207 can be treated as a civil offense instead of a jail term misdemeanor. Prosecutors often provide plea bargains or misdemeanor or diversion options for first-time offenders, especially for non-marijuana drug crimes. You will face the following penalties if you are convicted of a Class I misdemeanor offense:

• A fine that does not exceed $2500, and
• A jail term that does not exceed six months in a county jail

Collateral Repercussions

You will face lasting consequences for a drug conviction, even for a first-time misdemeanor. Some of the consequences include:

• Loss of federal benefits or firearm rights if the judge convicts you of a felony. Most offenders with otherwise minor crimes attempt to secure diversion, sealing, or dismissal outcomes due to these collateral effects. Proposition 207 also provided statutory paths to seek the sealing of certain marijuana charges that occurred before legalization.
• Immigration repercussions for non-citizens — You can be deported even for a single drug offense.
• In certain fields, your driver’s license can be suspended
• Before securing a job, school, or a house, criminal record and background checks will be carried out.

Defenses Against Drug Possession Charges In Arizona

Some of the defenses you can present against first-time drug possession charges include:

You Are A Victim Of Police Coercion

A police coercion defense challenges the manner in which the law enforcement gathered their evidence, particularly confessions, statements, or consent to search. The court can suppress the statements or evidence of your charges if the judge establishes that the police used coercion to make you confess to an offense.

A confession is deemed coerced if the police use threats, deception, pressure, or denial of rights that overcome your will. A coerced confession can undermine knowledge, possession, and control over evidence. Your attorney can claim the following if the law enforcement forced or pressured you:

• Your confession was involuntary
• The police evidence should be excluded from the case
• The charges should be dropped if no other strong evidence exists

The judge can find the confession involuntary if:

• You were intoxicated
• You did not understand your rights
• You were a minor questioned without a guardian
• You have cognitive limitations
• You were under extreme distress

Sometimes, law enforcement may attempt to obtain your consent for a search instead of securing a warrant. Consent must be uncoerced, informed, or voluntary. It can also be invalid if the police use a threatening tone or corner you. Your attorney can prove coercion by gathering the evidence, such as:

• Records showing ignored requests for an attorney
• Time records showing long detention
• Medical or psychological records
• Police reports
• Witness testimony
• Interrogation room records
• Dash-cam video, and
• Body-cam footage

The judge can dismiss your charges if he/she establishes police coercion.

Diversion Eligibility

Diversion is not a defense, but it can prevent a conviction or jail time if you qualify for the following:

• The case is dropped after completion
• You complete testing, classes, or treatment
• Prosecution pauses

Attorneys often use diversion to keep a clean record if the case ends without a conviction.

Personal Use Claim

Personal use defense is common in charges involving smaller quantities of controlled substances. If the quantity is consistent with personal use instead of distribution, this can mitigate your case. Your criminal defense attorney can claim that the drugs you had were for personal use and not for sale or distribution.

Lack Of Intent to Sell

The prosecutor must provide sufficient evidence to prove intent to sell in a drug sales case. Mere possession does not automatically portray an intent to distribute.

False Accusation

Most people are falsely accused of drug possession and other criminal offenses. Someone else can accuse you of drug possession for various reasons. For example, the actual offender can accuse you of the offense in an attempt to cover up their guilt. Additionally, a jealous person can try to seek revenge against you by falsely accusing you of drug possession. Your criminal defense attorney can carry out a thorough investigation to establish what happened. Your charges could be dismissed on the grounds of false accusation if your attorney manages to prove that you did not possess the alleged drugs.

Mistaken Identity

Most people accused of drug possession are charged after being identified. The process of identifying perpetrators often results in numerous false accusations and errors. Most offenders wear masks or other forms of disguise when committing drug crimes. A person can identify you based on weight or height, clothes, and other unreliable pieces of evidence. This can easily lead to mistaken identity.

Your criminal defense attorney can assess the prosecutor’s case and establish whether it is based on circumstantial evidence. The attorney can challenge drug possession charges by pointing out weaknesses in the prosecutor’s evidence. The court can dismiss your charges unless the judge is sure that you are the right perpetrator.

You Are A Victim Of Entrapment

You can present entrapment as a defense when you are charged with an offense if an undercover police officer applied undue pressure on you to commit an offense. Entrapment is a defense often used in undercover sting operations. You must prove that the police acted inappropriately to induce you to commit the offense, and you committed the crime because you were lured into possessing the drug. The court can dismiss your charges if your attorney convinces the judge.

Police entrapment is often admissible in court. You can possess a controlled substance because the police persuaded you to have it. Your attorney can allege entrapment if the police used any of the following to induce you to possess a drug:

• False promises like luring you with huge amounts of money
• Undue pressure by shaming you by appealing to your friendship or deriding you for objecting to the offense
• Using intimidation, coercion, or constant repetition of the request to commit an offense
• Fraud or convincing you that what you are about to do is lawful when it is an offense

TASC And Diversion Programs In Arizona

Treatment Alternatives for Safe Communities is a treatment assessment and screening center that is popularly used as a model for linking criminal cases to treatment rather than punishment. Instead of pursuing a criminal record and incarceration, qualified defendants are allowed to enter supervised treatment and supportive services. Criminal charges are dismissed or deferred upon successful completion of the program.

TASC mainly focuses on dealing with underlying substance-use issues by offering assessment and individualized treatment referrals. They also offer continuous monitoring and case management. Their goal is to achieve safer communities, better health outcomes, and prevent recidivism. Not all offenders qualify for these programs. Qualification often depends on the type of crime, your criminal record, whether there is an indication of substance-use disorder, victim sensitivity, and the discretion of the judge. The candidates sought are first-time offenders and only individuals charged with possession.

TASC works as follows:

Screening or Assessment

An intake evaluation will be performed to establish if you have a substance-use disorder and the level of care you need.

Diversion Agreement or Deferred Prosecution

You will be offered deferred prosecution if you complete the treatment and fulfill program conditions, including community service, supervision, counseling, and drug testing.

Treatment And Monitoring

You will be required to undergo treatment as an outpatient or inpatient while being monitored by probation or case managers.

Completion And Disposition

Your charges will be reduced or dropped upon successful completion of the program, thereby preventing a conviction from appearing on your record. The program can be revoked, and your case can resume if you fail to comply with the conditions.

The advantage of the diversion program is that it allows you to avoid incarceration, thereby reducing the likelihood of conviction and connecting you to treatment resources that can minimize the risk of future crimes.

Find A Criminal Defense Near Me

Whether or not you can face jail time for a first-time drug possession in Arizona depends on several factors. The factors include your criminal history, the type of drug involved, the quantity of the drug, and whether you possessed the drug for sale or personal use. If you or your loved one faces drug possession charges, you should contact an attorney immediately to help you mitigate the situation. For dependable legal representation, contact Phoenix Criminal Attorney. Call us at 602-551-8092 to speak to one of our attorneys.