Possession of Controlled Substances for Sale in Arizona

Drug crimes are among the most common criminal offenses in Arizona. In fact, each year, there are about 4,000 people arrested and charged with Arizona drug charges each year. While all drug crimes are serious, a conviction for possession of controlled substances for sale in Arizona can result in severe consequences that will change the course of your life. At the Law Office of James E. Novak, we provide an aggressive defense for anyone facing Phoenix drug charges. We are immediately available to meet with you to discuss your case and get started on developing a compelling defense to the charges you face.

Under both state and federal law, the possession of certain substances is restricted. However, the vast majority of drug charges are prosecuted in state court. In these cases, courts apply Arizona drug laws.

Arizona drug laws apply to any controlled substance. This includes all the common street drugs, such as cocaine, heroin, methamphetamine, crack, fentanyl, MDAM and PCP. However, it also includes any prescription drug, provided the person possessing the drug does not have a prescription, including:

• Adderall,
• Xanax,
• Cough syrups containing codeine, and
• Oxycodone.

Among other things, Arizona’s drug laws make it illegal to possess a controlled substance for sale. These are among the most serious drug crimes, and those facing charges related to the possession of controlled substances for sale in Arizona need to ensure they have a skilled criminal defense attorney in their corner.

Notably, Arizona’s drug laws do not only make selling drugs illegal, but they also prohibit someone from possessing drugs with the intent to sell them. The difference between these two charges is significant, as possession is a misdemeanor and possession for sale is a felony. Of course, if you were arrested after officers observed you make a drug sale, it’s clear you’ll be charged with possession for sale. However, the circumstances under which prosecutors bring these charges are actually much broader than those cases involving actual sales.

For example, if you are caught with a few baggies of drugs or a few pills, it is unlikely that the government will charge you with possession with intent to sell absent evidence of an actual sale. However, if you were arrested with a large amount of drugs, the situation is less clear-cut. Whether you are charged with possession of possession for sale will depend on the circumstances surrounding your arrest, including:

• The amount of drugs you possessed;
• How the drugs were packaged;
• Whether you had anything in your possession to use or consume the drugs, such as a needle or a pipe;
• The amount of money you had on you when you were arrested; and
• Whether you had drug-selling paraphernalia on you, including scales, unused baggies, or razor blades.

The takeaway here is that if you were arrested with a significant amount of drugs, you could face felony charges, even if you never made a sale. It is essential that anyone charged with possession of controlled substances for sale in Arizona reach out to an experienced attorney. An attorney can negotiate with prosecutors in hopes of getting them to drop the felony charges. And even if prosecutors pursue felony charges, your attorney will be able to create a convincing argument as to why you did not possess the drugs with the intent to sell them.

If you were recently arrested with possession of controlled substances for sale in Arizona, reach out to the Law Office of James E. Novak for immediate assistance. Attorney Novak is a former prosecutor who, for more than ten years, has aggressively represented clients charged with Phoenix drug cases. He is immediately available to meet with you to answer your questions, discuss your case, and get started on your defense. To learn more, and to schedule a free consultation, call 480-413-1499 today. You can also reach us through our online contact form.