Drug Possession Attorneys
In Flagstaff

What is Drug Possession?

Drug possession is defined as the unlawful possession of a controlled substance in Arizona. A controlled substance is any drug that is regulated by state or federal law. The penalties for drug possession depend on the type and amount of drug involved, as well as the offender’s criminal history. This includes drugs like cocaine, heroin, and methamphetamine. Those who are caught with drugs in their possession may face jail time, fines, and a criminal record. In addition, they may have their driver’s license suspended and lose their ability to get government benefits. Possession of heroin is a felony offense that is punishable by up to twelve years in prison and a fine of up to $150,000. As these examples illustrate, the consequences of drug possession can be quite serious. Those who are charged with this crime should therefore consult with an experienced criminal defense attorney as soon as possible.

Understanding Arizona Possession Laws

In the state of Arizona, drug possession is defined as the act of knowingly possessing a controlled substance without a valid prescription. Many different variables contribute to the severity of drug crime. Depending on the severity of the crime, the legal repercussions will be reflected accordingly. The classification of any drug crime depends on the kind of illicit drug that was involved when charged.

Arizona’s drug possession laws are some of the harshest in the country. Possession of any controlled substance is a felony, punishable by up to two years in prison and a fine of up to $150,000. The penalties increase for subsequent offenses, and possession of large quantities of drugs can result in a prison sentence of up to ten years. In addition, Arizona has a “drug-free zone” law that enhances penalties for drug offenses committed within 1,000 feet of certain locations, such as schools and parks. As a result, anyone charged with drug possession in Arizona faces serious consequences.

Criminal Defense for Peyote Charges

Peyote is a small, spineless cactus that is native to Mexico and the southwestern United States. The main active ingredient in peyote is mescaline, a powerful psychedelic drug. For centuries, peyote has been used by Native Americans for religious ceremonies and healing rituals. In the United States, the use of peyote is regulated by the Native American Church, which has the exclusive right to use the plant for religious purposes.

Outside of the Native American Church, peyote is illegal to possess or use in most states.
In Arizona, possession of any amount of peyote is a class six felony offense. The punishment for felony possession of peyote can range from six to eighteen months in prison. In addition, anyone convicted of felony possession of peyote will have their driver’s license suspended for one year. At Antol & Sherman PC, we advise all of our clients of their criminal defense options and empower them to achieve the best possible outcome in their cases.

Possession of Substances That Emit Toxic Vapors

Substances that emit toxic vapors are defined as any liquid, solid, or gaseous substance that, when released into the air, is capable of causing injury, illness, or death to humans or animals. In the state of Arizona, substances that emit toxic vapors are considered to be drugs. The possession of such substances is a class five felony offense. The penalty for getting caught with substances that emit toxic vapors is up to two and half years in prison and a fine of up to $250,000. The manufacture, distribution, or sale of these substances is also a felony offense. The penalty for these offenses is up to five years in prison and a fine of up to $500,000. In some cases, a person may have their charge reduced to a class one misdemeanor offense. The penalty for this offense is up to one year in jail and a fine of up to $2,500.

If you are caught with substances that emit toxic vapors in the state of Arizona, it is important to contact an experienced criminal defense attorney immediately. An experienced attorney will be able to explain your rights and help you navigate the criminal justice system.

Possession of Marijuana

With the passing of Proposition 207 in 2020, marijuana is legal to use recreationally, however, there are certain circumstances where you can get in legal trouble. Similarly to alcohol, you must be 21 years or older to purchase and possess marijuana, and you cannot drive a motor vehicle while under the influence of marijuana. If THC metabolites are found in sufficient concentration in your blood, then you can be charged with a marijuana DUI. For marijuana DUIs, a person is exposed to the same or similar criminal and administrative penalties as when charged with an alcohol DUI. Each recurring offense brings a more harsh penalty. A first-offense marijuana DUI brings with it a mandatory minimum of up to ten consecutive days in jail and a fine of $1,600. Three marijuana DUIs in seven years are charged as an Aggravated DUI, which is a felony offense. This will bring a mandatory minimum of four months in jail and a fine of $4,000.

If you find yourself charged with a marijuana DUI, contact us at Antol & Sherman, PC. We have a team of highly experienced criminal defense attorneys who have litigated AZ cannabis DUI cases in the courts throughout Northern Arizona.

Prescription Drug Possession Charges

In the state of Arizona, prescription drug possession charges are defined as the unlawful possession of a controlled substance that has been prescribed by a licensed medical professional. Arizona’s prescription drug possession law is designed to criminalize the possession of drugs that are not intended for personal use. Some prescription drug charges are considered class 1 misdemeanors which generally bring with them six months of incarceration and fines. Some prescription drug charges are Class 4 felonies, which are punishable by up to three years in prison. In addition, those who are convicted of prescription drug possession in Arizona may also be required to pay a fine of up to $1,000.

Prescription drug charges can be complicated to understand. That is why it is important to contact an experienced criminal defense lawyer. Contact Antol & Sherman today!

Possession of Dangerous Drugs

In the state of Arizona dangerous drugs are considered controlled substances that contain hallucinogenics or have a stimulant or depressant effect on the central nervous system. These drugs are considered to have a high potential for abuse. LSD, mescaline, psilocybin, MMDA, amphetamine, meth, diazepam, PCP, and ketamine are examples of substances that are classified as dangerous drugs under Arizona law. The penalty for possession of dangerous drugs charge will depend on the severity of the offense. If you are a first-time offender the judge may reduce the offense to a class 1 misdemeanor under certain conditions. For the most part, however, possession of a dangerous drug carries a class 4 felony penalty and eighteen months to three years in prison.

The skilled drug possession attorneys at Antol & Sherman have experience defending drug-related offenses from possession of drug paraphernalia, drug trafficking & transportation, drug manufacturing, or drug distribution. Contact us today.

Possession of Narcotic Drug Charges

In Arizona, it is a crime to knowingly possess narcotic drugs. The following drugs are common narcotics: opium, heroin, fentanyl, cocaine, codeine, morphine, and oxycodone. The penalties for possessing a narcotic drug in Arizona depend on the amount of the drug involved and whether the person has any prior convictions. Possession of a narcotic drug is a class 4 felony and is punishable by eighteen months to up to three years in prison.

Possession of narcotic drugs is a serious offense in Arizona. If you have been charged with possession of narcotic drugs, it is important to contact a drug possession lawyer as soon as possible. An experienced lawyer can help you understand the charges against you and the possible consequences of a conviction.

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