The penalties are extremely serious for getting arrested for drug possession in Arizona. This is even for first-time possession offenders.
With an experienced Chandler criminal defense attorney by your side, however, there may be tactics that could help you avoid jail, fines, and a conviction, such as the TASC program, Treatment Alternatives to Street Crime, a deferred prosecution option.
Your attorney can also help you understand all that is involved in the complications of first-time drug possession.
What is Considered Drug Possession?
There are several main components when considering how simple drug possession, or possession of controlled substances, is defined, such as:
- Physical possession, as in carrying the drugs or using the drugs
- Construction possession, as in storing the drugs somewhere the person has control over
- Joint possession, as in sharing the drugs with a partner, significant other, or roommate
As this illustrates, a drug possession conviction does not necessarily mean that someone was physically touching, carrying, or using the drugs.
Do You Always Get Jail Time for First-Time Drug Possession?
If you have been charged with first-time drug possession in Arizona, the law normally permits you to have probation punishment instead of jail. Probation terms include:
- Completing a court-ordered drug treatment program, which you must pay for
- More intense drug treatment, community recompense, or home arrest if you violate the terms
First-time drug possession offenders may be jailed if:
- The quantity of marijuana found in possession is two or more pounds
- The drug was methamphetamine
- An act of violence was also involved with the drug possession, resulting in physical injury or death
The Penalties of First-Time Drug Possession in Arizona
Arizona law considers a first-time personal possession of dangerous drugs a class 4 felony, which carries a jail sentence between one year and a maximum three years and nine months. There are instances that a first-time drug possession charge can be reduced to a class 1 misdemeanor. Felonies in Arizona are further divided into six classes.
Common dangerous drugs include:
- Anabolic steroids
- Mescaline
- MDMA
- MDA
- Diazepam or valium
- Alprazolam or Xanax
Note: If marijuana is found in possession of a first-time offender, the penalty depends on the pounds of the drug. Possession of no more than 1 ounce of marijuana by anyone 21 years or older is legal in Arizona.
What is the TASC Diversion Program?
This is a deferred prosecution option available in Arizona since the 1980s that first-time drug offenders may be eligible for over jail time, fines, and a felony conviction on their record. Those enrolled need to complete the drug education and treatment program and pass all drug tests.
If they do, they have a chance at a brighter future. It also saves taxpayers the money it takes to incarcerate the defendants.
Our Arizona Criminal Defense Attorneys Can Help
If you have been charged with drug possession in Arizona and it is your first offense, we are here for you. Let our team of criminal defense attorneys at Ciccarelli Law Offices sort through your eligibility for the TASC diversion program or other defense strategies that will help lessen your penalties and lead you toward the best possible outcome for your case.