WHAT DOES PERSONAL POSSESSION OF AN ILLEGAL DRUG MEAN IN ARIZONA?
The fact that Arizona is lenient in this regard is not a result of the Arizona legislature being particularly sensitive to the topic, but rather it is a response to by the citizens of Arizona under the voter referendum power in the Arizona State Constitution. Arizona voters soon realized too many people were in prison for personal possession and it was too expensive to take care of all of them. That is why Arizona voters passed Propositions 200 and 302.
Arizona's Statute for Personal Possession and Use of Drugs is found in ARS 13-901.01. The basic point of the statute is that if you have no prior violent drug offenses or dangerous felony convictions, and have not been previously convicted of any drug offenses, the State of Arizona can send you to prison upon conviction for personal possession of drugs. The State cannot even sentence you to jail in-county as a condition for placement on probation.
WHAT IF I AM CONVICTED OF PERSONAL POSSESSION OF AN ILLEGAL DRUG?
However, if you reject probation, which by statute always include drug counseling and treatment, then the State could send you to prison. Also, if a person convicted of a first offense is found to be in violation of probation by committing another drug offense or violates a probation order related to drug counseling and treatment, the person may be sentenced county jail as a condition of reinstatement to probation.
If the State of Arizona convicts you of a second felony for drug possession, then the exact same conditions apply as for a first conviction but the judge has the right, but not the duty, to sentence you to jail time in-county before you are released on probation. Again, if you reject probation, then the judge can send you straight to the Arizona Department of Corrections. And again, probation for a second conviction of personal possession will include intensive drug screening and education.
One important thing to remember is that Arizona has a number of loopholes that would allow the judge or State of Arizona to send you to prison for even a first time possession of drug conviction. For example, any prior violent or dangerous felony would exclude you, as would two or more drug possession prior convictions. Misdemeanor convictions for marijuana possession or paraphernalia also count as strikes against you. Also, rejecting probation is a broad category and it does not necessarily mean explicitly rejecting probation, but could also include non-compliance with drug counseling.
IS POSSESSION FOR SALE DIFFERENT FROM PERSONAL POSSESSION IN ARIZONA?
Yes, in Arizona, possession for sale of an illegal drug is very different from personal possession. The difference is very important when the allegation of possession for sale is over the threshold amount.
CAN I FIGHT A DRUG POSSESSION CHARGE? HOW?
Yes, you can fight it!
If you or someone you care about has been charged with drug possession for sale anywhere in Arizona, then you need the help of an experienced drug crimes lawyer. Contact Vladimir Gagic, by calling 602-955-1985 for a free consultation.
