Have You Been Charged With Drug Possession For Sale in Arizona?

Everything You Need To Know About Drug Possession For Sale in Gilbert, Arizona

In Arizona, those charged with drug possession for sale face stiff penalties. Long prison sentences, large fines, and other consequences might follow from convictions for selling illegal substances.

Therefore, if you have been charged with drug possession for sale in Gilbert, Arizona, you must act quickly to ensure a favorable conclusion in your case. Accordingly, we’ve compiled a list of everything you need to know about drug possession for sale in Gilbert Arizona to assist you.

Possession of drugs for sale laws in Gilbert, Arizona

Knowingly possessing or transporting an illegal drug for sale is unlawful in Arizona. Therefore, the prosecutor must prove beyond reasonable doubt that the substance in your possession was illegal drugs and not a legal substance; that you knew the drugs were in your home or vehicle; and that you meant to sell the drugs.

You may be charged with drug possession for sale even if the prosecution did not catch you in the act. They only need to establish beyond a reasonable doubt that you had the intent to sell the illegal substance found with you. Possession for sale charges can be brought against you if you are caught with a large number of drugs, but they can also be brought against you if the substance is divided in such a way that it seems to be ready for resale.

Arizona threshold amount for drug possession for sale

Arizona State legislation has set threshold quantities for illegal drugs and the amount set varies by substance. Possession of drugs in amounts more than the legal limit suggests that the drugs are not intended for personal use alone. Thus, when a person is arrested with these quantities of drugs, law enforcement, and prosecutors conclude that the person possessed the drugs with the purpose to sell. The following medications have threshold quantities set by Arizona law:

• Heroin: one gram
• Cocaine: nine grams
• Crack: ¾ gram
• PCP: four grams
• Methamphetamine: nine grams
• Amphetamine: nine grams
• LSD: ½ milliliter or 50 dosage units
• Marijuana: two pounds.

Any amount of drugs having a street value of $1,000 or less is considered a threshold amount for other drugs. Also, if you have a mixture of different illegal drugs, you could be charged with drug possession for sale if the total weight exceeds the threshold.

Even if the number of narcotics seized is below the threshold, police can still charge you with drug possession with the intent to sell. Other evidence would be considered, for example:

• Possession of a substantial sum of money
• Drugs were concealed in a vehicle or luggage.
• Possess a large number of bags or other items that could be used to split the drug into sellable packets.

Types of Illegal Drugs in Gilbert, Arizona

The Arizona Revised Statutes (A.R.S.) provides an extensive list of illegal drugs and substances. Below are the most common of these illegal substances:

Marijuana

Medical use of marijuana is legal in Arizona, but only for registered users. However, possession of marijuana for sale is illegal.

Narcotics

Narcotic drugs have medical uses, but when misused, they can become very addictive. Cocaine, “crack,” and heroin are some of the most often used narcotics.

Dangerous drugs

The term “dangerous drugs” covers a wide range of prohibited substances the most popular of which are

• Ecstasy
• Crystal meth
• Methamphetamine
• Amphetamines
• LSD
• PCP

Prescription drugs

These are medications that are intended to improve a person’s health yet include addictive chemicals and can thus be abused. Vicodin, Oxycodone, Lyrica, Xanax, and Valium are some of the most often abused prescription medicines.

Penalties for drug possession for sale in Gilbert, Arizona

Possession of Drugs for Sale is a class two felony in Gilbert, Arizona that carries a range of penalties. The penalties vary depending on the type of drug, the amount involved, and previous convictions. In addition, probation is not available to those convicted of drug possession for sale. In addition to the sentence lengths outlined below, someone convicted of a felony in Arizona could face a fine of not less than $1000.

If the number of drugs found was less than the threshold, the maximum punishment for a first crime is 12.5 years in prison. There’s the possibility of being placed under probation with zero to one year in prison

If the number of illegal drugs is more than the threshold, the prison sentence can last anywhere from three to twelve and half years.

If a person has had one prior felony conviction the “prison only” range is 4.5 to 23.25 years.

If the defendant has already been convicted of two (2) felonies, the penalty might range from 10.5 to 35 years in jail.

Marijuana

Though medicinal use of marijuana is legal, the sale, transport, or trafficking of marijuana is not authorized under Arizona’s new marijuana regulations. Thus, possession of marijuana for sale carries the following penalties:

• A first-time conviction for drug possession for sale of fewer than two pounds of marijuana is a Class 4 felony punishable by 1.5 to 3 years in prison and a fine of up to $150,000.
• Possessing 2-4 pounds of marijuana for sale is a Class 3 felony that has a penalty of 2.5 to 7 years, and a fine of up to $150,000.
• ossession of more than 4 pounds of marijuana for sale is a Class 2 felony that has a penalty of four to ten years imprisonment, and a minimum fine of $1000.

Prescription-Only Drugs

The offense is a Class 6 felony with a 1.5-year presumptive jail term. This is most common with stimulant prescription drugs such as Adderall or Ritalin, but it can also apply to any substance that is available exclusively by prescription.

Benefits of hiring a Lawyer

There is no question that if you have been charged with drug possession for sale in Gilbert Arizona without appropriate legal assistance, you will be sentenced to the greatest penalty possible. However, you can contest the felony charge in court with the help of an experienced criminal defense attorney.

For the most part, a skilled lawyer can help you fight the charge, have it reduced to a lesser offense with less severe penalties, or have your sentence suspended. After all, your lawyer’s goal, like yours, is to keep you from going to jail.

In addition, your lawyer will be able to assist you in determining the best defense strategy for your case while also negotiating a possible plea deal with the prosecution if necessary. Also, depending on the gravity of your offenses, your attorney may be able to assist you in decreasing your bail.

Remember that if you are charged with drug possession for sale in Arizona, the prosecution must prove that the substance was yours and that you meant to sell it. You cannot be convicted of possession for sale if the prosecutor does not have the necessary evidence. Your lawyer will examine the material carefully to determine the best defenses to raise against your allegations. The following are some examples of frequent defenses:

You were not aware of possessing illegal drugs.

To be charged with drug possession for sale, you had to be aware that you had the drugs. If you were unaware that the substance was in your possession, your attorney may be able to get the charges against you dropped.

For instance, if you borrowed a friend’s jacket and did not check the pockets for narcotics, your attorney may be able to have the allegations against you dismissed.

The cops discovered the drugs during an illegal search.

When conducting searches and seizures, police must adhere to certain regulations. Your counsel could make a petition to suppress the evidence if the police uncovered illegal drugs in your possession during an unlawful search. The prosecution may be required to drop your charges if the court determines that the search and seizure were illegal.

You had no intention of selling the illegal drug.

If you didn’t intend to sell the controlled substance, your lawyer might be able to produce evidence to prove so. Your attorney could also contest the prosecution’s evidence of intent by cross-examining witnesses called by the prosecution.

Conclusion

If you have been charged with drug possession for sale in Arizona, hire a skilled drug lawyer in Gilbert who has extensive experience in various drug criminal cases. Your attorney will go to whatever length to minimize or dismiss your charges while also providing you with the assistance and guidance you require.