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Possession or use of Dangerous Drug

Criminal Defense Attorneys | Oliverson & Huss > Drug Crimes > Possession or use of Dangerous Drug

Possession or Use of Dangerous Drugs in arizona

ARS 13-3407 prohibits a person from knowingly possessing or using a dangerous drug.
Arizona law provides a lengthy list of what qualifies as a dangerous drugs, but most often these cases involve methamphetamine, cocaine, fentanyl, opium, mushrooms, and other types of prescription painkillers and antidepressants.  A violation of this statute is a Class 4 felony. If the drug involved in the case is not a methamphetamine or amphetamine, and you have never been convicted of a felony, the judge will have the option of classifying the charge down to a Class 1 Misdemeanor.

 

Proposition 200 and Possession or Use of Dangerous Drugs

In 1996, Arizona voters passed Proposition 200.  Under Prop 200, judges are prohibited from sending first or second time nonviolent drug offenders to prison, even if these convictions are for felony offenses. The judge may only sentence the defendant to a term of probation and mandatory drug treatment.

 

TASC is an Adult Deferred Prosecution Program which takes 1-2 years to complete.  In TASC you will be required to complete group counseling, self-help meetings, and substance abuse counseling.  You will also be subject to random urine tests.  The total fees for this program run between $2,000-$2,500. It is imperative that you hire an experienced attorney who can help you navigate the TASC program and its strict requirements.  Once TASC is completed, your case will be completely dismissed.

 

If you have any prior drug conviction for sale or transportation of drugs, promoting prison contraband, or driving under the influence of drugs, or any methamphetamine drug related offense, then you are ineligible under Prop 200 and could face jail and/or prison time.

 

Non Prop 200 Punishments

If you are not eligible under Prop 200, then the following sentence could be imposed:

  • Possession or Use of Dangerous Drugs (Class 4 Felony):
  • First offense- Probation with up to 1 year in jail; If the judge orders prison then 1 year to 3.75 years in prison;
  • If you have 1 Historical Prior Felony Conviction- 2 years to 7.5 years in prison;
  • If you have 2 Historical Prior Felony Convictions- 6 years to 15 years in prison.

 

In addition to probation and possible jail/prison time, you will be subject to fines, court ordered counseling, and community service hours.  Also, if the amount of drugs in your possession is greater than the statutory “threshold” amounts you could be charged and prosecuted for Possession with the Intent to Sale.

Have you been arrested? Do you need help avoiding jail time?