In Arizona, possessing drugs with the intent to sell is a more severe crime than possession alone. In order for law enforcement agencies to charge you with intent to sell, they must believe that you had knowledge that the drugs were in your possession, that the alleged drugs were in fact drugs and not a legal substance, and that you had these drugs in your possession for the purpose of selling them.
Intent to sell carries a mandatory prison sentence even for first-time offenders, so this is not a charge to take lightly. Without an aggressive, experienced drug crimes attorney fighting for your freedom, you could face a long prison sentence or heavy fine that can devastate your finances for years.
Arizona Threshold Amounts to Determine if Drug Possession is an Intent to Sell Offense
If you possess more of a drug than the threshold amount, law enforcement assumes that you intend to sell it based on the quantity alone. If the amount of drugs you possess is above the threshold amount, you are not eligible for probation and face a mandatory prison sentence if convicted. Arizona law specifies the 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
- Marijuana: two pounds.
For other drugs not listed here, the threshold amount is any amount with a street value of $1,000 or more.
Other Factors Determining Intent to Sell in Arizona
When determining if a person had intent to sell the drugs in their possession, law enforcement also considers other factors beyond the amount of drugs involved. They look for signs of drug sales, e.g., large amounts of cash, text messages referring to sales, small baggies, foil, or scales.
Arizona Penalties for an Intent to Sell Conviction
The penalty for intent to sell varies by the type of drug and the amount involved.
Marijuana. The penalties vary according to
- 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.
Dangerous Drugs. Class 2 Felony with a presumptive prison sentence of ten years.
Narcotic Drugs. 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.
Also, anyone convicted of a felony in Arizona may be fined up to $150,000.
Experienced Drug Crimes Attorney in Northern Arizona
Possessing drugs with the intent to sell is a very serious crime in Arizona, and without aggressive representation, you may be facing a long prison sentence and significant fines. An experienced drug crimes attorney from The Law Offices of Shawn B. Hamp can build a comprehensive, strong defense for you. Keeping in mind each case is different, we may also be able to prove your innocence or cause reasonable doubt that you did not know about the drugs in your home or vehicle; that the substance found was a legal substance and not drugs; and/or that you had the drugs for personal use without intent to sell.
If you have been charged with intent to sell in Coconino, Yavapai, Mohave, or La Paz counties in Northern Arizona, contact us online today for a free case evaluation.