If you are arrested or charged with any drug crime in Arizona, it is important to have a qualified and experienced drug crimes defense attorney. At Castillo Law Cindy Castillo is highly trained, experienced and has successfully defended a number of clients in drug crime cases.

Arizona has a number of drug offense categories. The most common offenses are outlined below:

Drug possession for personal use:

If you possess marijuana, a dangerous drug, or narcotic drug or any other illegal drug, you could be charged with drug possession for personal use. The most common charges are:

Possession of Marijuana

Arizona Revised Statutes §13-3405(A)(1) prohibits a person from knowingly possessing or using marijuana. Arizona law defines "Marijuana" as all parts of any plant of the genus cannabis, from which the resin has not been extracted, whether growing or not, and the seeds of such plant. Marijuana does not include the mature stalks of such plant or the sterilized seed of such plant which is incapable of germination. Depending on the jurisdiction in which you are charged, simple possession of marijuana can be charged as a class one (1) misdemeanor and/or a class six (6) felony. If you are charged in some City Courts or, for example, a Maricopa County justice court, the Prosecutor and/or County Attorney can charge you with simple possession, as a class one (1) misdemeanor.

Note: If you possess two (2) pounds or more of marijuana (an amount over the threshold*) then you are presumed to be selling marijuana and depending on the amount of marijuana possessed, you are facing a class six (6) felony.  In some cases, you may face a more serious felony depending on the amount possessed, the purpose of the possession, and/or the circumstances under which you were found in possession of the marijuana.

Possession of Dangerous Drug

Arizona Revised Statutes §13-3407 prohibits a person from knowingly possessing or using a dangerous drug. A “Dangerous drug" means any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation in section §13-3401 of the statute (no matter what the official, common, usual, chemical or trade name is designated). LSD, ecstasy, methamphetamines, steroids, hallucinogenic mushrooms, GHB, mescaline, clonazepam, and lorazepam are some of the more commonly charged dangerous drugs. Possession or use of a Dangerous Drug is charged as a class four (4) felony.

Note: If you possess an amount over the threshold* of a dangerous drug then you are presumed to be selling the dangerous drug and depending on the amount of dangerous drug possessed, you are facing a class four (4) felony or in some cases, a more serious felony for the amount possessed, the purpose of your possession or the circumstances under which you were found in possession of the dangerous drug, and/or how you obtained the dangerous drug.

Statutory Threshold Amounts for:

• Methamphetamine- 9 grams
• LSD- ½ milliliter or 50 dosage units

Possession of Narcotic Drug

Arizona Revised Statutes §13-3408 prohibits a person from knowingly possessing or using a narcotic drug. Common types of narcotic drugs include: cocaine, heroin, opium, morphine, and oxycodone. Possession or use of a narcotic drug is charged as a class four (4) felony.

Note: If you possess over the threshold* amount then you are presumed to be selling a narcotic drug and depending on the amount of narcotic possessed, you are facing a class four (4) felony or in some cases, a more serious felony depending on the amount possessed, the purpose of your possession or the circumstances under which you were found in possession of the narcotic drug.

Statutory Threshold Amounts for:

• Cocaine- 9 grams
• Base (crack) cocaine- 750 milligrams
• Heroin- 1 gram

Possession of Prescription-Only Drug

Arizona Revised Statutes §13-3406 prohibits a person from knowingly possessing or using a prescription-only drug unless the person obtains the prescription-only drug pursuant to a valid prescription. "Prescription only drug" does not include a dangerous drug or narcotic drug. Arizona law defines Prescription-only drug as “[a]ny drug which because of its toxicity or other potentiality harmful effect, or the method of its use, or the collateral measures necessary to its use, is not generally recognized among experts, qualified by scientific training and experience to evaluate its safety and efficacy, as safe for use except by or under the supervision of a medical practitioner.” Possession or use of a prescription-only drug is charged as a class one (1) misdemeanor. If you are deemed to possess the prescription- only drug for sale without a license and/or possess the prescription-only drug for transport, import, or offering to transport without a license then it is charged as a class six (6) felony.

Possession of Drug Paraphernalia

Arizona Revised Statutes §13-3415 prohibits a person from using, or possessing with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, conceal, inject, ingest, inhale or otherwise introduce into the human body a drug. Possession of Drug Paraphernalia is charged as a class six (6) felony.

Possession with the intent to sell or distribute:

If you possess for sale any one of the drug categories including but not limited to marijuana, narcotic drugs, and/or dangerous drugs then you can be charged with intent to sell even if the drugs in your possession were for your personal use. What drives a charge for possession with the intent to sell or distribute is the quantity of the drugs, the configuration of the drugs possessed and other circumstantial evidence. In other words, you do not necessarily have to be carrying large quantities of drugs to be accused of possession with the intent to sell or distribute what also matters is the circumstances under which you are possessing the drug or drugs.

If you are charged with possession with the intent to sell or distribute, you are facing very serious penalties. If you are convicted of selling or distributing drugs, you are facing statutory mandatory minimums and there are serious collateral consequences attached. In some cases, if you are suspected to be using a home or a car for the purpose of selling or distributing drugs, the house and/or vehicle can be confiscated and forfeited as a result. You need to act quickly to protect your property or the property of loved ones. You need the assistance of an experienced Drug Defense Attorney. At Castillo Law Cindy Castillo has a track record of successfully defending clients who have been charged with selling drugs.

Drug manufacturing:

Arizona Revised Statutes §§ 13-3405, 13-3406, 13-3407(A)(4), and 13-3408(A)(3), makes it illegal to produce marijuana; manufacture, produce or to possess the equipment to manufacture dangerous drugs, narcotics drugs, and/or prescription-only drugs

Dangerous and Narcotic Drugs

If a person is charged with possessing the manufacturing equipment for a dangerous drug or a narcotic drug, it is a class three (3) felony.

If a person is charged with manufacturing the dangerous drugs or narcotic drugs, it is charged as a class two (2) felony.

Prescription-Only Drug

If a person is charged with manufacturing, or possessing equipment and chemicals for the purpose of manufacturing a prescription-only drug, it is a class one (1) misdemeanor.

Marijuana

If a person is charged with cultivating an amount of marijuana with a dried weight of less than two (2) pounds, it is a class five (5) felony.

If a person is charged with cultivating an amount of marijuana with a dried weight of two to four (2-4) pounds, it is above the threshold* amount and is charged as a class four (4) felony.

If the person is charged with cultivating an amount of marijuana with a dried weight over four (4) pounds, the person is charged with a class three (3) felony.