Have you been charged with a dangerous drug crime in Tucson? Have you spoken with an experienced Tucson drug defense lawyer?
What is considered a “Dangerous Drug” in Arizona?
Arizona distinguishes between drugs related to possession or use of marijuana or narcotics from other intoxicating substances they classify as “dangerous drugs.”
A.R.S. 13-3401 includes, but is not limited to several common drugs such as LSD and psilocybin, amphetamine and methamphetamine, and valium and Xanax.
Dangerous drugs not only includes illegal or Schedule 1 Drugs, but also encompasses lower schedule drugs that have a recognized medical use. Examples include Xanax, Valium, Ritalin, Adderall, Ambien, and much more.
Possession of a Dangerous Drug in Tucson, Arizona
Possession of a Dangerous Drug is a very serious offense that should not be taken lightly. A.R.S 13-3407 states that Possession of a Dangerous Drug is a class 4 felony; however, the state may charge it as a Class 1 Misdemeanor if the following conditions are met:
- The drug is not LSD or “acid” (lysergic acid diethylamide), meth (methamphetamine), speed (amphetamine), or PCP or “angel dust” (phencyclidine)
- No prior felony convictions
- No prior conviction for possession of narcotic drugs
If convicted of a Class 4 Felony you may be facing a prison sentence of up to 3.75 years. If you are charged with a Class 1 Misdemeanor the maximum sentence is 6 months. If you are a first or second time non-violent drug offender you are most likely eligible for under A.R.S. 13-901.01, unless you meet one of the following the conditions:
- You have been convicted 3 times of personal possession of a controlled substance or drug paraphernalia
- You refused drug treatment as a term of your probation
- Rejected probation
- You were convicted of possession or use of a controlled substance which included methamphetamine
In addition to probation, you may be eligible for TASK diversion. If you successfully complete the TASC program the drug charges are dismissed by the court.
Other Charges Related to Dangerous Drugs in Arizona
In Arizona it’s a Class 2 felony to possess or manufacture a dangerous drug for sale or distribution. The penalties for a first offense Class 2 felony include a prison sentence with a term of 3 to 12.5 years. If you’re only found possessing equipment for the manufacture of a dangerous drug or narcotic, it’s a Class 3 felony with punishment ranging from probation to 8.75 years for first-time offenders.
Methamphetamine is treated differently
Arizona statues are notoriously tough on drug charges related to methamphetamine. If a person is found guilty of possession of methamphetamine above the threshold amount of 9 grams, transport of methamphetamine for sale, possession of chemicals or equipment to manufacture methamphetamine, or the manufacturing of the drug, they will be sentenced as follows:
- First offense – Presumptive period of incarceration of 10 calendar years (range from 5-15 years)
- Second offense – Presumptive period of incarceration of 15 calendar years (range from 10-20 years)
Tucson attorney for Dangerous Drug Charges
If you have been charged with a crime related to the possession, sale or manufacture of dangerous drugs, it is important to consult with an experienced criminal defense lawyer on your side.