Narcotic Drugs for Sale FAQs

Experienced Tempe Criminal Defense Lawyer Aggressively Defending the Rights of Clients Facing Serious Drug Charges

While Arizona legalized the use of recreational marijuana back in 2020, it didn’t change much in terms of how the state investigates and prosecutes other drug charges. In fact, some have claimed that the legalization of marijuana has freed up law enforcement resources, which are now being devoted to other narcotics offenses. The result is that thousands of people in Tempe and throughout Maricopa County are charged with felony drug crimes each year.

At the Law Office of James E. Novak, our Tempe drug crimes lawyer has represented clients in all types of narcotics cases for over two decades. Over this time, we’ve helped countless clients, many of which have questions about the charges they face. Read on to review some of the most common narcotic drugs for sale FAQs.

FAQs for Narcotic Drugs for Sale

Below are a few of the most frequently asked questions about the possession of narcotic drugs for sale.

Can You Be Arrested for Selling Marijuana in Arizona?

Yes, while Proposition 207 made it legal for adults to purchase marijuana for personal use, it is still against the law to sell marijuana in Arizona without the necessary permit from the Arizona Department of Health Services. Without a license, selling marijuana is either a Class 4 felony, Class 3 felony or Class 2 felony, depending on the amount.

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What Are the Punishments for Selling Drugs in Arizona?

Arizona has incredibly harsh drug sentencing [link to Drug Penalties page] laws. Possession of a narcotic drug for sale is a Class 2 felony. In Arizona, a conviction for a Class 3 felony is punishable by a prison sentence between four to ten years, with a presumptive sentence of five years. However, if you have one prior felony conviction, the possible sentence increases to between six and 18.5 years in prison.

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What Does the Term “Threshold Amount” Refer to?

Arizona law recognizes that it takes more than one person to sell drugs. Thus, the law allows prosecutors to charge anyone who possesses more than a certain amount of drugs with drug dealing—even if there was no evidence they sold or intended to sell the drugs. For example, the threshold amounts for the most common illegal drugs are below:

  • Heroin: one gram
  • Cocaine: nine grams
  • Methamphetamine [link to Meth Crimes page]: nine grams
  • Marijuana: two pounds
  • PCP: four grams or 50 milliliters

Possessing more than the threshold amount can also make you ineligible for probation or a suspended sentence, meaning you’ll have to serve your entire sentence before being released.

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I Had Drugs for Personal Use, Why Am I Charged with Possession for Sale?

There are a few facts that police and prosecutors can use to charge you with drug distribution even if they didn’t observe you make a sale, including:

  • The amount of drugs in your possession;
  • Whether you had scales, empty bags, or other drug-dealing paraphernalia [link to Drug Paraphernalia Possession page] in your possession;
  • Statements you made to police or detectives; and
  • Whether you had a large amount of cash on you, especially small bills.

Of course, these cases are harder to prove because there is no direct evidence that you sold or planned to sell narcotics. Still, the punishment is the same if you are convicted, so it’s imperative to speak with an experienced Tempe drug crimes lawyer to discuss your defense as soon as possible.

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Have You Been Arrested for Possessing Narcotic Drugs for Sale?

If you were recently arrested for possessing narcotic drugs for sale, chances are that you have questions that were not answered by these narcotic drugs for sale FAQs. If so, reach out to the Law Office of James E. Novak for immediate assistance. Attorney Novak is a highly experienced criminal defense attorney who has successfully handled drug cases in Maricopa County for more than 20 years. He understands the best defenses [link to Drug Crimes Defenses page] for drug cases and how to use them to minimize the impact your arrest has on the rest of your life. To learn more, and to schedule a free consultation with Attorney Novak, call 480-413-1499 today. You can also connect with us through our online contact form.

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