Were you arrested for drug possession in Tempe? You’re likely facing a lot of fear and uncertainty right now—but we want you to know you’re not alone. Even though Arizona takes drug crimes seriously and the penalties can be serious, a Tempe drug crimes lawyer can help.
At Suzuki Law Offices, we treat our clients like you’d treat your family, and we’re always available to help you. As a law firm led by a former federal prosecutor, we put integrity at the heart of all that we do. We are diligent, and we will apply decades of experience to your case.
As your Tempe drug possession defense lawyer, we understand how overwhelming it is to be charged with a crime. The good news is that an arrest is not the same as a conviction, and we will fight to defend the fact that you are presumed innocent until proven otherwise.
Arizona Drug Possession Laws
In Arizona, drug possession laws are governed by Arizona Revised Statutes § 13-3401 through § 13-3422, which lay out the prohibited substances, penalties, and classifications.
Possession charges can involve illegal street drugs, prescription medications without a valid prescription, or even drug paraphernalia.
Arizona categorizes drugs into distinct classes:
- Dangerous drugs, including methamphetamine, LSD, and ecstasy
- Narcotics, such as heroin, cocaine, and opium
- Marijuana in excess of the allowable recreational or medical limits
- Prescription-only drugs when held without valid authorization
- Peyote, inhalants, and other controlled substances
Drug possession charges can vary depending on the type of substance, the quantity, and whether there is evidence of intent to sell or distribute. That’s why it’s important to reach out to a Tempe criminal defense lawyer who can defend you against your charges.
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Get StartedPossession vs. Possession for Sale
Arizona law makes a major distinction between simple possession and possession for sale. If the amount of the drug that is found exceeds the statutory threshold amount, the law presumes intent to distribute—even if there’s no actual proof of selling.
That presumption can escalate your charges dramatically. Here are examples of threshold amounts under Arizona law:
- Marijuana: 2 pounds
- Cocaine: 9 grams
- Methamphetamine: 9 grams
- Heroin: 1 gram
- LSD: ½ milliliter (liquid) or 50 dosage units
Possession above these limits can result in felony charges with prison time, even for first-time offenders.
Lawyer Near Me 602-682-5270Penalties for Drug Possession in Arizona
Arizona imposes strict penalties for drug offenses, which vary depending on a few factors, including the classification of the substance, prior convictions, and whether the crime is charged as a felony or misdemeanor.
For example, first-time possession of a dangerous drug is typically a Class 4 felony, though diversion programs or probation may be available under certain conditions. Possession of marijuana over the legal limit can lead to Class 6 felony charges.
Possession for sale elevates most offenses to Class 2 or Class 3 felonies, often carrying mandatory prison time. Repeat offenses or cases involving weapons, minors, or school zones can result in enhanced penalties.
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Prop 200 Protections and Diversion Programs
Arizona voters passed Proposition 200 in 1996 to prevent non-violent, first–time drug offenders from going to prison for possession of personal–use amounts.
Under Prop 200, first-time offenders cannot be sentenced to jail or prison for possession of certain controlled substances. The court may order probation and drug treatment instead. However, Prop 200 does not apply to those with prior violent felony convictions.
It also doesn’t apply to cases where possession for sale charges are present. Additionally, some counties offer pre-trial diversion programs. These may or may not allow for dismissal of charges upon successful completion of counseling or rehabilitation.
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Constructive vs. Actual Possession
Arizona recognizes both actual possession and constructive possession. Actual possession means the drugs were found on your person, such as in a pocket or bag.
Meanwhile, constructive possession means the drugs were found in a place you control, such as your car, home, or backpack—even if they weren’t physically on you. The prosecution must prove that you knowingly possessed the drugs.
This is often a key element of defense, especially in cases involving shared spaces or multiple occupants.
Aggravating Factors That Can Increase Charges
Certain circumstances can turn a simple possession charge into a more serious felony. These aggravating factors can include:
- Possession near schools, parks, or school buses
- Involvement of minors
- Being in possession while on probation or parole
- Having firearms present during the offense
- Prior felony convictions
When these factors are involved, even relatively small amounts of drugs can lead to longer prison sentences and higher fines.
Statute of Limitations for Drug Possession Charges in Arizona
Arizona’s statute of limitations for drug possession charges depends on how the crime is classified. For misdemeanors, the statute of limitations is one year. Meanwhile, the statute of limitations for felonies is seven years.
This means that the state generally has up to seven years to file felony drug charges from the date the offense allegedly occurred. However, certain procedural rules can pause or extend this timeline, especially if the accused is out of state or unable to be located.
Contact Our Drug Possession Defense Law Firm in Tempe Today for Lawyers Who Can Build a Strong Defense on Your Behalf
If you or someone you care about is facing drug possession charges in Tempe, time is not on your side, but our Tempe drug possession defense attorneys are. Arizona laws are strict—but they also offer pathways for defense, rehabilitation, and second chances.
You don’t have to go through this alone. At Suzuki Law Offices, we’ve spent decades standing up for people just like you. We believe in your right to a strong defense, and we’re ready to fight for it. Reach out to us today.
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