Need help with Possession of Drug for Sale / Transportation of Drugs charges?
Under ARS 13-3407(A)(2) and ARS 13-3407(A)(7) it is unlawful to knowingly possess a dangerous drug for sale, or to transport a dangerous drug for sale. In determining whether someone is possessing or transporting a drug for sale, the State looks at the amount of drug in their possession. If the amount of drug in the persons possession meets or exceeds the “threshold amount” defined in the statute, then it is presumed that the person possessed the drug with the intent to sell them.
The following are the threshold amounts defined in Arizona law by the type of drug:
- Methamphetamine- 9 grams
- Powdered Cocaine- 9 grams;
- Rock Cocaine- 3/4 gram;
- Heroin- 1 gram;
- LSD- 1/2 milliliter or 50 dosage units (blotter form);
- PCP- 4 grams or 50 milliliters;
- More than 2 pounds of marijuana.
Even if the threshold amount is not met, the prosecution will look at other factors to try to prove you had the intent to sell.
Punishments for Possession of Drugs for Sale / Transportation of Drugs for Sale
- If the Amount was Below the Threshold Amount:
- First offense- Probation with up to 1 year in jail (if probation then you will be required to complete 240 hours of community service); if the judge orders prison then 3 years to 12.5 years in prison;
- If the Amount is Above the Threshold Amount:
- First offense- 3 years to 12.5 years in prison;
- If you have 1 Historical Prior Felony Conviction- 4.5 years to 23.25 years in prison;
- If you have 2 Historical Prior Felony Convictions- 10.5 years to 35 years in prison.