In the world of Arizona criminal law, not all drugs are
treated equally. Depending on the drug
involved in your case and what you did with it, the penalties vary wildly
across the board.
If you’re charged with a drug offense in Arizona, the first thing
you should know about is Proposition 200.
Proposition 200 provides for mandatory probation for drug offenses in
most instances. There are some
exceptions, but if this is your first or second drug offense, you’ve not been
convicted of a violent crime, and the drug involved is not methamphetamine, you
will get probation.
So what’s up with meth?
Meth was seen as the scourge of Arizona streets, much like the opiate
pandemic is seen today. Proposition 200
was modified to take away protections that it offers for those who are charged
with possession of methamphetamine.
Methamphetamine is a Dangerous Drug under Arizona law. So is LSD.
A conviction for personal possession of either one of those drugs will
lead to a Class 4 Felony on your record.
But, if you are otherwise covered by Proposition 200, the judge at your
sentencing is not allowed to send you to prison for possessing LSD, even if you
have prior felony convictions which would otherwise mandate a prison sentence. With methamphetamine, those protections don’t
apply.
This trend of harsher sentences for methamphetamine
continues with possession for sale. If
you possess for sale a small amount of marijuana, for example, under the
“threshold” amount, say 6 ounces, then you can be charged with a Class 4 Felony
and face 1 year to 3.75 years in prison or up to 4 years of probation. But, if you possess for sale even a gram of
methamphetamine, if convicted you will be convicted of a Class 2 Felony and be
required to serve a prison sentence of 5 years to 15 years; no probation would
be available and the prison time is “flat” time, meaning you must serve every
day of your sentence.
Methamphetamine stands apart in this way. While personal possession of Marijuana is a
Class 6 Felony, personal possession of most other drugs is a Class 4
Felony. It’s in the mandatory sentencing
that methamphetamine is different.
you are facing a felony. A felony conviction can lead to serious
consequences and a permanent criminal record, apart from any punishment that a
judge may impose. Don’t face those
consequences by yourself – contact the attorneys at AZ Defenders for a free
consultation by calling 480-248-7666 or contacting us online.
Start here to find criminal defense lawyers near you.