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Possession of Methamphetamine in Arizona

In the State of Arizona, if you willfully possess a dangerous drug that is a prescription narcotic or any type of drug other than marijuana, there are very serious penalties if you are arrested and accused. Possession of methamphetamine anywhere in Arizona can result in you experiencing hefty fines, jail time and having your license suspended, including those that are professional, for some time, especially if you are convicted. It is absolutely necessary to find a good drug defense lawyer if you are arrested on such charges.

According to A.R.S. §13-3407, there are a variety of penalties you might face if convicted of possession of meth. They can be either mitigated or enhanced depending on additional circumstances. This includes details such as any prior criminal convictions, what amount of drugs were found in your possession, whether you were selling the drugs or using them yourself, whether you are a first time or repeat offender and more.

Generally speaking, possession of methamphetamine is considered a class four felony in the State of Arizona. However, the charge can be raised to a class two felony if the amount found to be in the individual’s possession is more than nine grams. Once the drug is at nine grams, it is assumed that the amount is too small to be for personal use and that the person had planned to sell it. The penalties then increase greatly and include the individual accused being placed in drug diversion programs or on probation.

Sometimes, when a person enters a drug “diversion” program, they can serve probation when they are found to be in possession of meth and the charges may be dropped upon completion. If on probation, the individual is also expected to keep their employment, engage in drug therapy, take random drug tests and avoid being arrested thereafter. However, if the individual violates the terms of their probation, they may be prosecuted in the future and may be sent to jail.

If the individual is facing a first offense non-“Prop 200”, he or she can expect to receive incarceration of as much as 45 months. Those with a second offense can end up serving as much as 90 months in prison. A third offense can result in the individual facing up to 15 years in prison. There are also fines, fees and other various costs that the court may issue.

In addition to possession of meth, there is A.R.S. §13-3404.01, which relates to possession of ingredients with the intent to produce methamphetamine. When someone is arrested for this crime, it is treated as a class two felony and may carry a punishment of prison time lasting up to seven years.

If you are arrested under these charges, your best bet is to hire a drug defense lawyer who can get your charges dismissed or reduced so that your punishment is minimized. If you would like to speak with a lawyer for free about your case, give us a call 24 hours a day at (602) 737-2812 to schedule your free consultation. We can also be reached 24 hours day by using our confidential email form.

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