In Arizona, possessing drugs with the intent to sell is a more serious crime than possession alone. If you are caught with drugs over the threshold amount, law enforcement assumes you have the intent to sell based on quantity alone. Possession with the intent to sell is a felony charge, often with a mandatory prison sentence, regardless of the type of drug involved.
If you have been charged with possession of drugs, contact the Law Offices of Shawn B. Hamp today. With several offices conveniently located in Prescott, Lake Havasu City, Kingman, and Bullhead City, we represent clients throughout Northern Arizona.
What is Arizona's Threshold Amount for Intent to Sell?
The threshold amount is set by state law and varies for each drug. Possessing drugs above the threshold amount indicates that the drugs are not just for personal use. When a person is caught with drugs in these quantities, law enforcement and prosecutors assume that the person possessed these drugs with the intention to sell, even without over evidence -- like small baggies, scales, large amounts of cash, or text messages indicating sales.
To be convicted of possession with intent to sell, the prosecutor must prove to the court that:
- the substance in your possession was, in fact, illegal drugs and not a legal substance;
- you had knowledge the drugs were in your home or vehicle; and
- you intended to sell those drugs.
Common Threshold Amounts in Arizona
Arizona law specifies threshold amounts for some drugs, including:
- Heroin: one gram
- Cocaine: nine grams
- Crack: 3/4 gram
- PCP: four grams
- Methamphetamine: nine grams
- Amphetamine: nine grams
- LSD: 1/2 milliliter or 50 dosage units
- Marijuana: two pounds.
For other drugs, the threshold amount is any amount of drugs with a street value of $1,000 or higher.
Arizona Penalties for Possession with the Intent to Sell
Drug penalties for intent to sell vary by the type of drug and the amount involved. A person convicted of possession with the intent to sell is not eligible for probation. Also, separate from the sentence terms laid out below, anyone convicted of a felony in Arizona may be fined up to $150,000.
Dangerous Drugs: Class 2 Felony with a presumptive prison sentence of 10 years. This includes methamphetamine, cocaine, heroin, crack, LSD, and PCP, among others.
Narcotic Drugs: Class 2 Felony with a presumptive prison sentence of ten years. This includes Vicodin, Oxycodone, Methadone, Fentanyl, and Codeine, among others
- Less than two pounds: Class 4 Felony with a presumptive prison sentence of three years.
- Between two and four pounds: Class 3 Felony with a presumptive prison sentence of seven years.
- More than four pounds: Class 2 Felony with a presumptive prison sentence of ten years.
Prescription-Only Drugs: Class 6 Felony with a presumptive prison sentence of 1.5 years. This typically applies to stimulant prescription medications, like Adderall or Ritalin, but can include any drug available by prescription only.
Hire an Experienced Drug Crimes Attorney
Possessing drugs above the threshold amount and being charged with intent to sell is very serious in Arizona. You may be facing a mandatory prison sentence and a hefty fine. The criminal defense attorneys at The Law Offices of Shawn B. Hamp understand that just because you had drugs above the threshold amount in your possession does not mean that you had the intent to sell. If you have been arrested for possession with the intent to sell in Northern Arizona, including Coconino, Yavapai, Mohave, and La Paz counties, call our office at (928) 753-6868 or contact us online today.