DRUG POSSESSION OFFENSE § 13-3401 et. seq.

In Arizona, it is a felony to possess or use of marijuana, dangerous drugs and narcotic drugs. The seriousness of the offense depends on the quantity of the drug. Under §13-3405, if a defendant is charged with possession or use of marijuana, he/she may be charged with a Class 6 Felony if less than two pounds are found in his/her possession. The offense becomes more serious as the amount of marijuana found in the defendant’s possession increases. For example, 2-4 pounds is a Class 5 Felony.

Conviction of possession or use of marijuana includes fines. Probation is usually available for this offense depending on the person’s criminal history. The terms of the probation will include that the defendant can not use marijuana or any other narcotic drug or drink alcohol. Probation terms will also include community service and/or a minimum of an 8-hour class on the instruction of the harmful effects of drugs and marijuana.

Violation of § 13-3407 for possession or use of a dangerous drug or violation of § 13-3408 for possession or use of a narcotic drug are normally Class 4 Felonies.

Probation may usually be available in Arizona for possession or use of these controlled substances depending on the person’s criminal history. In Arizona, those charged have a right to a jury trial on all drug cases.

Contact our experienced criminal defense attorneys in Phoenix, Scottsdale, Arizona. We will help you get the best resolution of your case or represent you at trial.

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