TUCSON drug crime lawyer

If you are charged with a drug offense, an expert Tucson drug crime lawyer is essential to your case. The attorneys at Grabb & Durando have decades of experience defending clients facing serious drug charges, as well as other criminal charges and personal injury cases.

drug laws in arizona

Arizona Revised Statutes (ARS) 13-3407 states that a person shall not knowingly:

Possess a dangerous drug for use or sale.
Possess equipment, chemicals, or both for the purpose of manufacturing a dangerous drug.
Manufacture a dangerous drug.
Administer a dangerous drug to another person.
Manufacture a dangerous drug.
Administer a dangerous drug to another person.
Obtain the administration of a dangerous drug by means of fraud, deceit, misrepresentation, or subterfuge.
Transport, import, sell, transfer, or offer to sell or transfer a dangerous drug.

Depending on the amount of drugs involved in the charges, you can face felony charges. If convicted, you will face large fines and prison time. In severe cases, drug crimes can even result in a life sentence.

drug classifications

Arizona state law classifies illegal drugs into six categories: dangerous drugs, narcotic drugs, marijuana, prescription drugs, peyote, and substances that emit toxic vapors.

DANGEROUS DRUGS

A dangerous drug is defined by ARS 13-3401 as any material, compound, or mixture that contains hallucinogenic substances. This includes, but is not limited to, methamphetamine, lysergic acid diethylamide (LSD), anabolic steroids, and Ecstasy. If you are caught in possession of dangerous drugs, you can be charged with a class 4 felony, which can result in a maximum sentence of 3.75 years.

NARCOTIC DRUGS

Narcotics are drugs that are used to treat moderate to severe pain by dulling the senses and inducing sleep. In excessive doses, these drugs cause stupor, coma, or convulsions. Narcotic drugs include, but are not limited to, cocaine, codeine, fentanyl, heroin, hydrocodone, 3,4-methylenedioxymethamphetamine (MMDA), and morphine. According to ARS 13-3408, possession of narcotic drugs is also a class 4 felony and can carry a prison sentence of up to 3.75 years.

MARIJUANA

Although recreational marijuana is legal in Arizona as of 2020, it is still possible for a person to be charged with marijuana offenses when they do not comply with ARS 36-2852.

The following amount restrictions apply under ARS 36-2853:

Possession of between one and 2.5 ounces of marijuana is a civil offense that is punishable by a $100 fine.
A second offense is considered a petty offense that could require you to attend eight hours of drug education classes.
A third offense is a class 1 misdemeanor.

Under the marijuana legalization law, smoking marijuana in public places is still prohibited. It can result in a petty offense punishable by a maximum fine of $300. If you legally grow marijuana, you also must keep the plants in an enclosed, locked area out of the public’s view. Growing marijuana without a license or that is visible in public will be charged with a petty offense on the first violation and aClass 3 misdemeanor on the second or subsequent violations.

PRESCRIPTION MEDICATIONS

Under ARS 13-3406, a person shall not knowingly:

Possess or use a prescription-only drug unless it was obtained through a valid prescription from a licensed professional
Administer a prescription-only drug to another person
Obtain a prescription-only drug by means of fraud, deceit, misrepresentation, or subterfuge
Possess, use, manufacture, sell, or distribute a misbranded drug

Prescription drugs included in these rules are Oxycodone, Oxycontin, Xanax, Valium, Adderall, and Roxanol Percocet.

Under some circumstances, you can be charged for possessing or using prescription medications obtained through prescriptions. Under Arizona’s DUI laws outlined in ARS 28-1381, a person can also be arrested for driving under the influence of legally prescribed drugs.

PEYOTE

Peyote is a type of cactus that contains mescaline and has hallucinogenic properties. Under ARS 13-3402, any person who knowingly possesses, sells, transfers, or offers to sell or transfer peyote is guilty of a class 6 felony. The possible defenses againstthis violation are if the intended use of peyote was in connectionwith the bona fide practice of a religious belief, as an integral part of a religious exercise, and in a manner that is not dangerous to public health, safety, or morals.

SUBSTANCES THAT EMIT TOXIC VAPORS

Under ARS 13-3403, it is illegal to knowingly breathe, inhale, or drink a controlled substance that is known to emit toxic vapors. Selling, transferring, or offering to sell or transfer these substances to a person under 18 years of age or if you are not employed to do so is also against the law. Substances that emit toxic vapors include aerosol sprays, isopropyl, and glues.

contact our arizona drug crime attorneys

Drug possession is a serious criminal charge. If you are facing drug charges such as the charges discussed above, it is crucial that you contact competent and experienced legal representation. For 29 years, Grabb & Durando have been defending clients with drug charges and other personal injury crimes in the state of Arizona. Our attorneys will carefully analyze your case and evaluate the best course of action to reduce or dismiss your charges altogether.