Understanding Arizona Possession of Dangerous Drugs: ARS 13 3407
Facing dangerous drug charges is overwhelming. The legal system is complex and can be intimidating. Lawyer Listed is here to help. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of the Arizona state drug laws, specifically possession of dangerous drugs. It explains key terms and the penalties for first-time drug offenders in Arizona. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense attorney. If you are charged with possession of dangerous drugs, let Lawyer Listed match you with your ideal Arizona possession of dangerous drugs lawyer as soon as possible.
What is Possession of Dangerous Drugs?
ARS 13-3407 makes it illegal to knowingly possess (without a valid prescription), use, manufacture, transport, or distribute dangerous drugs. A dangerous drug is a prescription or synthetic substance that is not classified as marijuana or a narcotic but still poses a risk due to its potential for misuse or harm.
The key is “knowingly” possessing a dangerous drug, which means you are aware of your actions or the circumstances that make up the offense. It doesn’t require that you know your conduct is illegal; you just need to be conscious of what you are doing or the situation you are in.
The statute covers seven specific violations:
- Possessing or using a dangerous drug
- Possessing a dangerous drug for sale
- Possessing equipment or chemicals for manufacturing
- Manufacturing a dangerous drug
- Administering a dangerous drug to another person
- Obtaining a dangerous drug through fraud or deceit
- Transporting, importing, or selling dangerous drugs
Common Dangerous Drugs in Arizona
Arizona state drug laws classify many substances as dangerous drugs. Prescription medications become dangerous drugs when possessed without a valid prescription. Hallucinogenic drugs are also considered dangerous drugs. The tables below provide the most common dangerous drugs in Arizona:
Dangerous
| Drug Name | Common Use / Notes |
|---|---|
| Methamphetamine | Illicit stimulant; high abuse and trafficking rates |
| MDMA (Molly/Ecstasy) | Club drug; stimulant and hallucinogenic effects |
Prescription
| Drug Name | Common Use / Notes |
|---|---|
| Amphetamine | Includes Adderall; misused for focus and energy |
| Alprazolam (Xanax) | Benzodiazepine; widely misused for anxiety relief |
| Diazepam (Valium) | Benzodiazepine; sedative |
| Testosterone | Anabolic steroid; muscle enhancement |
Hallucinogen
| Drug Name | Common Use / Notes |
|---|---|
| LSD (Acid) | Potent hallucinogen |
| PCP (Phencyclidine) | Dissociative; linked to erratic and violent behavior |
| Psilocybin | Found in “magic mushrooms”; psychedelic |
| Mescaline | Derived from peyote; spiritual and hallucinogenic |
Threshold Amounts
Arizona law establishes “threshold amounts” for various drugs. Possession of more than the threshold amount increases the severity of the penalties and eliminates probation eligibility.
| Drug | Threshold Amount |
|---|---|
| Methamphetamine | 9 grams |
| Amphetamine | 9 grams |
| LSD | 0.5 milliliters or 50 doses |
| PCP | 4 grams |
Sentencing Under Arizona DUI Laws:
The penalties for dangerous drug crimes vary based on several factors, including the type of drug, the amount involved, your actions, your criminal history, and whether you qualify for certain programs. Probation is not available (N/A) for some dangerous drug crimes, meaning that prison is mandatory. The following tables summarize the potential consequences for each type of offense:
Possession or Use of Dangerous Drugs
| Charge | Class | Prison/Jail | Probation (max) |
|---|---|---|---|
| Possession of dangerous drug: methamphetamine, amphetamine, LSD, or PCP | Class 6 Felony | Prison: 1 – 3.75 years | 4 years |
| Possession of dangerous drug: all other dangerous drugs (reduced charges) | Class 1 Misdemeanor | Jail: up to 6 months | 3 years |
Manufacturing Dangerous Drugs
| Charge | Class | Prison/Jail | Probation (max) |
|---|---|---|---|
| Possession of equipment or chemicals for manufacturing methamphetamine | Class 2 Felony | Prison: 5 – 15 years | N/A |
| Manufacturing dangerous drugs | Class 2 Felony | Prison: 3 – 12.5 years | N/A |
| Manufacturing methamphetamine | Class 2 Felony | Prison: 5 – 15 years | N/A |
| Possession of equipment or chemicals for manufacturing dangerous drugs | Class 3 Felony | Prison: 2 – 8.75 years | 5 years |
Administering Dangerous Drugs
| Charge | Class | Prison/Jail | Probation (max) |
|---|---|---|---|
| Administer a dangerous drug to another | Class 2 Felony | Prison: 3 – 12.5 years | 7 years |
| Administer a dangerous drug to another (over threshold amount) | Class 2 Felony | Prison: 3 – 12.5 years | N/A |
| Administer a date rape drug without consent to victim under 18 | Class 2 Felony | Prison: 3 – 12.5 years | N/A |
Obtaining Dangerous Drugs
| Charge | Class | Prison/Jail | Probation (max) |
|---|---|---|---|
| Obtaining dangerous drugs by fraud | Class 3 Felony | Prison: 2 – 8.75 years | 5 years |
Transport for Sale, Sell, or Transfer Dangerous Drugs
| Charge | Class | Prison/Jail | Probation (max) |
|---|---|---|---|
| Transport/Sell/Transfer dangerous drugs | Class 2 Felony | Prison: 3 – 12.5 years | 7 years |
| Transport/Sell/Transfer dangerous drugs (over threshold amount) | Class 2 Felony | Prison: 3 – 12.5 years | N/A |
| Transport/Sell/Transfer methamphetamine | Class 2 Felony | Prison: 5 – 15 years | N/A |
Additional Penalties
Beyond imprisonment, you face mandatory fines for dangerous drug violations. The court must impose a fine of at least $1,000 or three times the drug’s value, whichever is greater. Judges cannot reduce or suspend these fines.
If sentenced to probation, you must complete at least 360 hours of community service. This typically involves working with drug treatment programs or victim services organizations.
Proposition 200 Eligibility
First-time drug offenders Arizona may qualify for Proposition 200 protections. This law requires probation instead of prison for first and second nonviolent possession offenses. This means if you are eligible, the court cannot sentence you to prison or jail for your first or second conviction for simple possession. Instead, you will be placed on probation and will likely have to participate in a drug treatment program.
However, Prop 200 has important exceptions. Methamphetamine cases don’t qualify for Proposition 200 protection. If your case involves methamphetamine, you face standard class 4 felony penalties without this alternative sentencing option.
You’re also ineligible if you have prior felony convictions or previous drug sale convictions. The prosecution will review your entire criminal history to determine eligibility.
TASC Alternative Programs
TASC (Treatment Assessment Screening Center) programs offer another path to avoid conviction. These adult diversion programs typically last 12-24 months and include comprehensive drug treatment components.
TASC requirements include:
- Six months of group counseling sessions
- Two self-help meetings weekly for six months
- One Saturday drug education seminar
- Monthly office visits
- Regular drug testing
- Program fees of $2,000-$2,500
If you successfully complete the TASC program, the charges against you will be dismissed.
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition and Scope: Dangerous drugs include methamphetamine, prescription medications without valid prescriptions, hallucinogens, and synthetic substances.
- Elements of the Crime
- Knowingly: The prosecution must prove that you knew you possessed the drug
- Possession or Use: have a dangerous drug on you or if you are using it.
- Dangerous Drug: This includes many prescription drugs, hallucinogens, and other substances that are not narcotics or marijuana. Some examples include methamphetamine, cocaine, ecstasy, and certain prescription medications like Xanax or Adderall.
- Sentencing:
- Arizona possession of dangerous drugs under ARS 13-3407 is typically a class 4 felony carrying 1-3.75 years in prison.
- First-time offenders may qualify for Proposition 200 probation-only sentences, except for methamphetamine cases.
- Threshold amounts (like 9 grams of methamphetamine) eliminate probation eligibility and create presumptions of intent to sell.
- All convictions require mandatory fines of at least $1,000 or three times the drug’s value, whichever is greater.
- Classification: An Arizona DUI is classified as a class 1 misdemeanor.
Next Steps:
Possession of dangerous drugs in Arizona is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. Lawyer Listed helps you understand the law and your rights to effectively get through this difficult situation.
If you’re facing possession of dangerous drug charges, under ARS 28 3407, engaging a skilled Arizona drug crimes attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; let Lawyer Listed match you with an experienced criminal defense lawyer right away.