Drug Possession with Intent to Sell in Arizona

Drug possession with intent to sell is outlined under Arizona’s ARS 13-3407, which pertains to dangerous drugs, and ARS 13-3408, which addresses narcotic drugs. Both statutes emphasize that possession of certain quantities or circumstances, such as having a large amount of cash or packaging materials, may suggest intent to sell.

For instance, ARS 13-3407 covers substances classified as “dangerous drugs,” which include methamphetamine, LSD, and hallucinogens, while ARS 13-3408 focuses on narcotics like cocaine and heroin.

A conviction under either statute requires the prosecution to prove that the accused not only possessed a controlled substance but intended to sell or distribute it. Evidence might include text messages, packaging equipment, or witness testimony.

Arizona law defines specific “threshold amounts” for controlled substances under ARS 13-3401, impacting how drug possession charges are classified and penalized. 

When the amount in possession meets or exceeds these thresholds, the law presumes intent to sell, often resulting in elevated charges and mandatory prison sentences. 

This threshold serves as a legal benchmark, meaning defendants face stricter consequences regardless of direct evidence of sales.

Threshold Amounts Under ARS 13-3401

• Heroin: 1 gram
• Cocaine: 9 grams
• Cocaine Base or Hydrolyzed Cocaine: 750 milligrams
• PCP: 4 grams or 50 milliliters
• Methamphetamine: 9 grams, including in liquid suspension
• Amphetamine: 9 grams, including in liquid suspension
• LSD: 0.5 milliliters or 50 dosage units (blotter form)
• Marijuana: 2 pounds
• Fentanyl or Fentanyl Mimetic Substances: 9 grams
• Other Unlisted Substances: Any substance or combination not listed above with a market value of at least $1,000

In Arizona, when someone is charged with possession with intent to sell, prosecutors look for specific indicators to prove the intent behind the possession. Here are some key types of evidence commonly used:

• Large Quantity of Drugs: If the amount of drugs is higher than what’s typical for personal use, it can indicate intent to sell, especially if it meets or exceeds Arizona’s threshold amounts.

• Distribution Tools: Items like scales, small baggies, or containers suggest preparation for selling drugs in smaller portions, which can be seen as intent to distribute.

• Significant Cash: Finding large sums of cash, particularly in small bills, may imply recent transactions.

• Text Messages or Calls: Messages, calls, or social media activity about drug prices or meeting arrangements can be used to suggest involvement in drug sales.

• Multiple Phones: Having several phones, often prepaid or “burner” phones, is sometimes associated with organized drug sales.

• Witness Statements: Testimony from witnesses, informants, or undercover officers can provide firsthand accounts that support sales charges.

Each of these elements helps build a case for intent to sell, but they can also be challenged in court, particularly if they lack a direct link to actual distribution.

Penalties for drug possession with intent to sell in Arizona are severe and can vary depending on the type and amount of drugs involved. Under ARS 13-3407 and ARS 13-3408, penalties are classified based on the drug type, quantity, and any aggravating factors. Here’s a breakdown of the typical penalties:

• Class 2 Felony (exceeding the threshold amount):
• Prison sentence: 5 to 12.5 years for first-time offenders
• Up to 23.25 years if aggravating factors are present or for repeat offenders
• Hefty fines and mandatory prison sentences with limited probation eligibility
• Class 3 Felony (smaller quantities, not meeting the threshold amount):
• Prison sentence: 2 to 8.75 years
• Increased penalties for prior convictions or aggravating factors
• Class 4 Felony (lower-level offenses or possession with lesser intent indicators):
• Prison sentence: 1 to 3.75 years
• Potential probation for first-time offenders, but penalties increase with prior convictions
• Additional Penalties:
• Mandatory fines, which may vary by drug type and quantity
• Community service or mandatory drug treatment programs (in select cases)
• Loss of rights: Convictions often result in the loss of civil rights, including voting and firearm possession

Arizona’s drug laws emphasize mandatory minimums and limited probation opportunities, particularly for amounts that meet or exceed threshold limits.

If you’re facing drug possession for sale charges in Arizona, having an attorney who knows the system inside and out can make all the difference. Christian Lueders, founder of Guardian Law, is uniquely equipped to defend against drug-related charges, drawing on his experience as a former Maricopa County prosecutor. Christian has handled countless drug cases, from possession of dangerous drugs to cases involving intent to distribute, giving him an understanding of how prosecutors build their cases—and how to effectively counter them. 

Guardian Law serves clients throughout Arizona and is committed to providing strong, thoughtful representation. Christian has helped many clients avoid severe penalties and long prison terms by challenging evidence, questioning intent, and seeking the best possible outcomes for each case. If you’re looking for an experienced Phoenix defense attorney who will fight to protect your rights, contact Guardian Law today for a free consultation.