Possession of Dangerous Drugs
Protecting Your Rights When You Face Harsh Penalties
Arizona law prohibits a person from knowingly possessing a dangerous drug. If you’ve been charged with possession of a dangerous drug, you will face harsh penalties that, with the help of a good lawyer, you may be able to curtail.
Here at Tait & Hall, our team of Arizona criminal defense lawyers at Tait & Hall can help protect your rights and your future. We believe that everyone deserves quality representation, and we’re not afraid of the hard work it will take to achieve great results.
The first step to success in court is to understand the charges that you face. Below, we’ve compiled information regarding Arizona drug laws, specifically pertaining to the possession of dangerous drugs.
Arizona Drug Laws
How does Arizona define “dangerous drugs”?
Dangerous drugs, as a category, includes a wide variety of illicit substances. The classification includes:
- Methylenedioxymethamphetamine (MDMA, also known as Molly)
- Ecstasy (or X)
- Lysergic Acid Diethylamide (acid or LSD), and
- Psilocybin (magic mushrooms)
Additionally, the dangerous drugs classification also includes many prescription drugs, such as clonazepam (Klonopin), alprazolam (Xanax), lorazepam (Ativan) and ketamine. Charges for the possession of narcotics or marijuana fall under different drug classifications.
Consequences for Possession of Dangerous Drugs in Arizona
The consequences for possession of a dangerous drug, according to Arizona drug laws, will vary for each case. Essentially, the consequences will be based on the amount of the drug in the person’s possession, and other aggravating circumstances, including whether this is the person’s first, second, or further subsequent offense.
Threshold Amounts of Dangerous Drugs in Arizona
According to Arizona drug laws, there is a defined “threshold amount” of each drug someone may possess. The threshold amount varies, but is largely based on the amount of the drug that is worth $1,000.
Some of the common drugs and their relative threshold amounts are:
- PCP: four grams
- Methamphetamine: nine grams
- Amphetamine: nine grams
- LSD: 1/2 milliliter or 50 dosage units
First- or Second-Time Offenders
A person convicted of possession of dangerous drugs in an amount less than the defined “threshold amount” will possibly be eligible for sentencing under Proposition 200. Proposition 200 (“Prop 200”) requires that first- or second-time offenders receive probation.
One of the most common dangerous drugs is methamphetamine. It is important to have an experienced drug crimes attorney on your side because meth is ineligible for mandatory probation under Prop 200. However, a judge may still sentence someone convicted of possession of a dangerous drug involving meth to probation if the person is otherwise eligible under other sentencing laws.
Our Approach to Cases Involving the Possession of Dangerous Drugs
Working To Reduce Or Dismiss Drug Charges When Possible
At Tait & Hall, we will work to reduce, or even dismiss, your drug charges. In many cases, there are arguments to be made that will provide an alternative to the harsh penalties imposed by a conviction of possession of dangerous drugs.
Arizona’s TASC Program
First, one excellent alternative strategy is entry into the TASC program– a deferred prosecution that allows a defendant to earn a dismissal of their charges by submitting to random drug tests for one year, pay fees, and complete drug education classes. Upon completion of the TASC program, the possession of dangerous drug charges will be dismissed with prejudice.
Here at Tait & Hall, our attorneys and staff are familiar with the TASC program and its admissions staff. We can determine your eligibility for TASC, help negotiate your entry into the program, and guide you throughout the completion of the program.
Other Common Defense Strategies for Cases Involving Possession of Dangerous Drugs
In the alternative, even if a defendant is ineligible for TASC, we will conduct a thorough investigation to reveal other possible defenses. To be guilty of possession of dangerous drugs, the dangerous drug must be possessed “knowingly.” If you did not know the dangerous drug was in your car or your home, our lawyers can pursue a dismissal of your case.
Other common issues in dangerous drug cases include illegal searches, Miranda violations and right to counsel violations. If you work with an Arizona criminal defense lawyer at Tait & Hall, we promise to do what it takes to effectively fight for your rights and reach the best possible outcome in your case.
Discuss Your Case With Our Skilled Lawyers
Call our Phoenix office at (480) 405-6767 or contact us online to schedule a free consultation. We will help you through the process.