Drug Possession

Possession of Marijuana

Possession of marijuana can be charged as a misdemeanor in Arizona, but it is most often charged as a class 6 Felony offense so long as it is considered personal use. A class 6 Felony offense is punishable by up to 2 years in prison.


Possession of Narcotic Drugs

Unlawful possession of narcotics for personal use is a Class 4 felony. A Class 4 felony is punishable by one to 3¾ years in jail, and the court will impose a fine of either $2,000 or 3 times the value of the narcotic, whichever is greater.


Possession of Dangerous Drugs

Possession for personal use of a substance classified as a “dangerous drug" (such as hallucinogenics, stimulants, depressants, and anabolic steroids) is a Class 4 felony. A Class 4 felony is punishable by one to 3¾ years in jail and a fine of up to $150,000.


Possession of Drug Paraphernalia

Drug paraphernalia is defined by any object used to cultivate, store, conceal, or use an illegal drug. This can include anything from a pipe used to smoke a drug, to a bag used to carry it. Possession, sale, manufacture, or advertisement of drug paraphernalia can be charged as a misdemeanor, but is most often charged as class 6 Felony offense, punishable by a sentence of four months to two years and a fine of up to $150,000. All drug paraphernalia is subject to forfeiture.


Possession of Drugs with Intent to Sell

  • Possession of less than two pounds of marijuana for sale is a Class 4 felony, punishable by a sentence of one to four years.
  • Possession of between two and four pounds of marijuana for sale is a Class 3 felony, punishable by a sentence of two to nine years.
  • Possession of four pounds or more of marijuana for sale is a Class 2 felony, punishable by a sentence of three to ten years. (Ariz. Rev. Stat. Ann. §§ 13-3405, 13-702.)


A Note on Sentencing

Likely outcomes may vary depending upon the facts of the case, the judge, the prosecutor, and other factors. Sentences can increase in severity with a record of prior offenses.


Contact Lee Phillips

If you are interested in retaining our office to represent you in your drug possession case, or would like more information, feel free to contact us. If you don’t see your drug possession case listed above and have questions about your specific case, please call our office for a free 30-minute consultation with one of our legal consultants.


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