Being in possession of Controlled Dangerous Substances (CDS) in the state of Arizona is a serious crime that can have severe penalties. The substances considered to be “Dangerous Drugs” can vary between states, but in Arizona the criteria includes:
| Any substance that emits toxic vapors | Class 5 Felony |
| Narcotics(Ecstasy, cocaine, heroin, etc.) | Class 4 Felony |
| Peyotes | Class 6 Felony |
| Marijuana | Class 4,5,6 Felony |
| Prescription Drugs | Class 1 Misdemeanor |
| Any chemicals used in the production of CDS | Call Charlie Naegle for more info. |
When a person is found in possession of any of these substances, he or she may be arrested on the spot. The sentence may differ depending on the substance a person is arrested for possessing, and each charge has varying consequences. Charlie Naegle is a leading Phoenix criminal defense attorney who is dedicated to helping you through your drug possession trial and guiding you towards a brighter future. Below are the classifications and penalties for possession of each substance:
Possession of Substances that Emit Toxic Vapors
Did you know that inhaling toxic fumes, such as those from glue or spray paint, is illegal? Voluntarily inhaling toxic vapors can land you in jail for possession of dangerous drugs. This is typically a Class 5 Felony.
Class 5 Felony: 6 months to 2.5 years in jail; Fines of up to $150,000.
Note: Some courts may reduce this penalty to a Class 1 Misdemeanor with penalties that include six months in jail and $2,500 in fines.
Possession of Narcotics
The possession of Narcotics, such as opium, morphine, and heroin, for recreational use is a Class 4 Felony.
Class 4 Felony: 1-3.75 years in jail; Fines range from $2,000 to three times the drug’s value.
Possession of Peyotes
Peyote is a type of cactus that originated in Mexico and Texas. The cactus naturally contains a substance called mescaline, which is highly addictive and found in recreational drug use. Some cultures use this plant for religious purposes. If you are found in possession of peyotes you can be charged with a Class 6 Felony. If you were in possession of the plant for religious purposes, hire Phoenix drug possession defense attorney Charlie Naegle to get your charges dismissed on the grounds of religious freedom.
Class 6 Felony: 4 months – 2 years in prison; Fines up to $150,000.
Possession of Marijuana
Possession of marijuana is one of the most common drug crimes in Arizona,
and the criminal charges vary depending on the amount of marijuana found
in a person’s possession.
Less than 2 pounds – Class 6 Felony: 4 months – 2 years in
prison; Fines up to $150,000.
Between 2 and 4 pounds – Class 5 Felony: 6 months – 2.5 years
in jail; Fines up to $150,000.
More than 4 pounds – Class 4 Felony: 1 – 3.75 years in jail;
Fines up to $150,000.
Possession of Prescription Drugs
Prescription Drug Possession is a Class 1 Misdemeanor in Arizona. Statistics have shown that more people are abusing prescription drugs than illicit narcotics today. Rampant drug addiction and the ease with which people have access to these legal, but prescription-only, drugs has led to a stronger state effort for drug rehabilitation and special drug courts. Phoenix criminal defense attorney Charlie Naegle can defend you in any Arizona court, whether your case is drug-related or not.
Class 1 Misdemeanor: 6 months in jail; up to $1,000 fine.