Drug Possession Charges

Whether misdemeanor or felony, Drug Possession charges in Arizona represent the potential for life-altering consequences. It has never been more important to retain an experienced, knowledgeable, aggressive attorney. Guardian Law Group is fully prepared to step in and guide you through to a new life on the other side of criminal charges. The time between arrest and formal charges is crucial. **Many charges can be avoided by speaking to an attorney before substances are lab tested.**

Rates of drug use and addiction are on the rise, and there has never been a greater supply of cheap and deadly synthetics (fentanyl). Yet, Arizona lawmakers have done little to recognize this growing threat to our population. Arizona drug laws have remained largely unchanged since the 1990s. First time, simple drug possession is nearly always charged at the same severity (class 4 felony) as some violent and dangerous crimes. The plea offers from the County Attorney's Office often include lengthy prison sentences or jail terms.

Guardian Law Group is adept at navigating the criminal justice system and finding a positive outcome for your drug possession case.

Call Guardian Law Group now to speak with an attorney -- (602) 935-5039

Possession of Drug Paraphernalia

What is Considered Drug Paraphernalia?

According to Arizona statute (A.R.S. § 13-3415), almost anything can be considered drug paraphernalia if it's confiscated in connection with a drug possession investigation.

Specifically, drug paraphernalia is anything used to "plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body [an illegal drug]." Some common examples are:

pipes, bongs, straws
foil
pill bottles
baggies, balloons, rubber bands, twist ties
syringes
roach clips
grinders
scales

How Serious are the Charges?

Possession of Drug Paraphernalia is a class 6 felony and is commonly charged along with illegal possession of a corresponding drug. A glass pipe with burnt residue confiscated along with a small baggie of methamphetamine would typically be charged as one count of Possession of Dangerous Drugs (class 4 felony) and one count of Possession of Drug Paraphernalia (class 6 felony).

Class 6 Felony (with no prior felony convictions): minimum sentence is probation with 0 days in jail, up to a maximum of 2 years in prison, fines $500 - $150,000.
TASC Eligible

However, if the paraphernalia is found by itself (empty syringe with residue, foil with burnt residue, etc.) and no illegal drug, the police will typically refer the city or justice court prosecutor as a class 1 misdemeanor.

Class 1 Misdemeanor: Up to $2,500 fine and 6 months in jail.
Diversion Eligible

What You Should Demand from your Attorney

Drug Paraphernalia charges can have lasting effects on your life, career, etc. At Guardian Law Group, we understand this - we get it. We'll immediately build an effective defense and aggressively work toward the the best possible resolution to your case.

If you are facing drug possession charges in Arizona, don't hesitate. Call Guardian Law Group now and schedule a free consultation and case evaluation -- (602) 935-5039

Possession/Use of Marijuana

If you're new to Arizona, or even if you're just passing through, you may be surprised to know that Possession of Marijuana is still a felony in Arizona. As a class 6 felony, personal Possession of Marijuana (under 2 pounds) without an Arizona Medical Marijuana Card is the same level felony as some auto thefts, aggravated assaults, and other serious offenses.

Arizona has some of the strictest drug enforcement laws in the country. Even though there is growing sentiment to legalize recreation use of marijuana, and almost 200,000 registered Arizona Medical Marijuana Card holders, the consequences for a drug possession conviction can still wreak havoc on your life.

It has never been more important to consult with an Arizona attorney who is experienced in dealing with drug possession charges. Don't hesitate to call Guardian Law Group and speak to an attorney today -- (602) 935-5039

Not All Forms of THC are Created Equal

Tetrahydrocannabinol, commonly known as "THC" (specifically, Delta-9-THC), is the active chemical ingredient in Marijuana. In almost all cases, a Possession of Marijuana charge applies to possession of the raw plant form ("flower"). In those cases, it is usually charged as:

Class 6 Felony (with no prior felony convictions): minimum sentence is probation with 0 days in jail, up to a maximum of 2 years in prison, fines $500 - $150,000.
Diversion Eligible in some cases

However, if you are found in possession of a concentrated form of THC or a Marijuana derivative containing Delta-9-THC, you could face much more serious charges. These forms may include:

Oil concentrates (excluding Cannabidiol or CBD)
Wax
Hashish
Edibles
Shatter (crystallized THC extract)

Under A.R.S. § 13-3401, these substances are considered "Cannabis" and completely a separate classification from Marijuana. Possession of even small amounts of cannabis without an Arizona Medical Marijuana Card could lead to a Possession of Narcotic Drugs charge - a much more serious offense.

Possession/Use of Narcotic Drugs

What is a "Narcotic" in Arizona?

By Arizona statute (A.R.S. § 13-3401) over 100 drugs are designated as Narcotics and prohibited from possession without a valid prescription. By far, the most common narcotic drugs used as the basis for Possession of Narcotic Drugs charges by prosecutors in Arizona are:

Heroin (1 gram or less)
Cocaine (9 grams or less)
Cannabis (forms of concentrated delta-9-THC)
Hydrolyzed "Crack" Cocaine (750 milligrams or less)
Fentanyl (no threshold amount established)

The quantities listed refer to the statutory "threshold amount," or the amount at which law enforcement assumes the drug is possessed for personal use. Under A.R.S. § 13-3408, Any amount over the threshold could be considered Possession of Narcotic Drugs For Sale - a much more serious charge.

Possession for Sale vs. Personal Use

Prosecutors do not need to prove a threshold amount in order to charge someone with Possession of Narcotic Drugs For Sale. Police and prosecutors consider several factors in making that determination, such as: cash on hand, scales, small baggies, ledgers, cell phone messaging, etc. If you are charged with Possession of Narcotic Drugs for Sale, you could be facing a prison sentence on a first offense. There is no room for error and you need an Arizona Drug Possession Attorney that will move aggressively to resolve your case with the best possible outcome.

If you are arrested and charged with Possession of Narcotic Drugs for personal use, you still face life-altering consequences if convicted:

Class 4 Felony (with no prior felony convictions): minimum sentence is probation with 0 days in jail, up to a maximum of 3.75 years in prison, fines $500 - $150,000.
Diversion Eligible in some cases

Aggressive, Intelligent Representation

Most importantly, consult with an aggressive and experienced Arizona Drug Possession Attorney. Call Guardian Law Group today -- (602) 935-5039

Possession/Use of Dangerous Drugs

What is a "Dangerous Drug"

Arizona statute A.R.S. § 13-3407 makes it illegal to Possess, Use, Sell, Manufacture, Transport for Sale, etc., any Dangerous Drug. The more common Dangerous Drugs prohibited by statute without a valid prescription are:

Methamphetamine ("Meth")
Alprazolam ("Xanax")
Diazepam ("Valium")
Mescaline
Madafinil ("Provigil")

Many of these drugs are perfectly legal with a prescription. In fact, many are used everyday to the benefit of thousands of Arizonans. But without a valid prescription, possession of any drug on the list (A.R.S. § 13-3401) will result in serious felony charges.

Possession for Sale vs. Personal Use

Possession of any "dangerous drug" over a certain quantity, weight, or volume can result in charges for Possession of Dangerous Drugs For Sale. But the amount in possession is not the only consideration. Police and prosecutors consider several factors in making that determination, such as: cash on hand, scales, small baggies, ledgers, cell phone messaging, etc.

If you are charged with Possession of Dangerous Drugs for Sale, you could be facing a prison sentence on a first offense. There is no room for error and you need an Arizona Drug Possession Attorney that will move aggressively to resolve your case with the best possible outcome.

Class 2 Felony (with no prior felony convictions): minimum sentence is probation with zero (0) days in jail, up to a maximum of 12.5 years in prison (if meth-related: flat time, no early release), fines $500 - $150,000.
NOT Diversion Eligible in most cases

If you are arrested and charged with Possession of Dangerous Drugs for personal use, you still face life-altering consequences if convicted:

Class 4 Felony (with no prior felony convictions): minimum sentence is probation with 0 days in jail, up to a maximum of 3.75 years in prison, fines $500 - $150,000.
Diversion Eligible in some cases

Meth-related Charges

Possession of Dangerous Drugs in Arizona (Personal use or For Sale) is a serious felony charge. But Arizona law has singled out Methamphetamine-related charges as deserving of much more strict punishment.

In addition to either a class 2 or a class 4 felony charge, Meth-related dangerous drug charges are not "Prop 200" eligible. This means that a conviction for a first time offense could result in a prison sentence.

It is absolutely crucial to build your defense from the moment you come into contact with law enforcement. Understand your rights and take advantage of them. Avoid talking to anyone about your charges - including police and prosecutors.

Most importantly, consult with an aggressive and experienced Arizona Drug Possession Attorney. Call Guardian Law Group today -- (602) 935-5039

Diversion Eligibility

Under the Arizona "Prop 200," certain non-violent drug offenders cannot be sentenced to prison for a first or second possession offense. In most of these cases following a conviction, defendants are sentenced to probation. Unfortunately, many of these cases still result in life altering criminal convictions - including felony convictions.

Most city and county prosecution agencies offer diversion programs (or deferred prosecution) for first- or second-time non-violent drug offenders. However, the conditions under which those programs are offered is solely at the prosecutor's discretion.

TASC (misdemeanor and felony drug diversion)
Felony Pre-trial Intervention Program ("FPIP")
Justice Court Diversion (misdemeanors pending in Justice Court)
Juvenile Diversion (for defendants under 18 years of age)

Prosecutors at all levels (city, county, state, etc.) are extremely selective about which defendants are admitted into diversion. Their criteria is specific and they rarely deviate.

If you have been charged with any crime, and it is your first or second time facing charges, it is more important than ever to consult an experienced Arizona attorney who can navigate this complicated process.

Call Guardian and speak to an Arizona Attorney now -- (602) 935-5039

What you need to know about TASC

TASC is one of the more widely used adult diversion organizations in the state of Arizona. The programs are specifically designed to address and treat substance abuse issues, and usually take 3 - 6 months to complete.

Admission into TASC, or any diversion program, is not automatic. Most prosecution agencies, as well as TASC itself, are extremely selective with who they allow to enter the program. It is extremely important to have an experienced attorney to pursue and acquire a TASC offer.