Drug-Related Offenses

Marijuana Offenses

In Arizona, it is a felony to possess or use Marijuana.  The seriousness of the offense depends on the quantity of the drug. If a person is charged with possession or use of Marijuana, he/she will be charged with a Class 6 Felony if less than two pounds are found in his/her possession and there are no other indications that the drugs were intended to be sold.  If there are baggies, scales, ledgers or other items evidencing sale, the charged offense and subsequent penalties become more serious.   In cases involving the sale of Marijuana, the class of Felony charged for Possession of Marijuana for Sale or Sale of Marijuana varies depending on the amount of the drugs.  If the amount intended for sale or sold is less than two (2) pounds, it is classified as a Class 6 Felony.  Two (2) to four (4) pounds is a Class 4 Felony.  More than four (4) pounds is a Class 2 Felony.

Any conviction involving Marijuana will include fines. Probation could be available if the offense does not involve possession for sale, sale, or transportation of Marijuana.  If sentenced to probation, the probation terms will also include community service and a minimum of an eight (8) hour class on the instruction of the harmful effects of drugs and Marijuana.

Dangerous/ Narcotic Drug Offenses

Possession or use of a Dangerous Drug or a Narcotic Drug are normally Class 4 Felonies. However, probation may be available in Arizona for a first or second possession or use charge.  In Arizona, probation is not mandatory for first-time offenses involving methamphetamine.  If there is a large amount of drugs or other evidence indicating the Narcotic or Dangerous Drugs are intended to be sold, such as baggies, scales, ledgers or other drug paraphernalia, the offense becomes a Class two (2) felony and any sentence must include a prison term.

Possession of Drugs for Sale or Sale of Drugs

Personal Possession and Possession for Sale have different penalties in cases involving marijuana, dangerous drugs such as methamphetamine, or narcotic drugs such as cocaine or crack cocaine. Possession of two (2) pounds or more of marijuana, nine (9) grams or more of cocaine, seven hundred fifty (750) milligrams or more of crack cocaine, will result in a mandatory prison term and may not be probation eligible.  Any sale or transfer of methamphetamine requires a mandatory prison sentence.

The State of Arizona looks at many factors when deciding whether to charge a person with Personal Possession of drugs or Possession of the drugs for sale.  Factors such as numerous cellular phones, baggies, ledgers, a large quantity of cash found in your possession can be used to make a small quantity of drugs become a case wherein sale may be charged. If questioned by the police, any statements you make regarding your intent can also be used to charge you with Sale or Possession for Sale.

D.U.I & D.W.I.

Please see our DUI website for more information.

Aggravated D.U.I

Driving under the influence or under the extreme influence of intoxicating liquor becomes a felony, or Aggravated D.U.I when:

• The defendant is driving on a suspended or revoked license;
• The defendant is charged with his/her third D.U.I. offense within 84 months: or
• A person is driving under the influence while a child under fifteen (15) years of age is in the vehicle.

If convicted of this offense, the defendant will either be charged with a Class 4 or Class 6 Felony. Please see our DUI website for more information.