Punishment Range For Possession And Transportation Of Illegal Drugs With Intent For Sale
I-40 Drug Crimes Defense Lawyer and Former Drug Prosecutor
Interstate 40 is frequently traveled by motorists and tourists passing through Arizona as well as people traveling to a wide variety of locations throughout the United States. This area is also a frequent target by law enforcement when it comes to profiling and arresting people for drug distribution crimes. If you or a loved one has been arrested for this type of crime, you should seek out a criminal defense lawyer who is familiar with litigating these type of cases.
Attorney Shawn B. Hamp is a former drug task force prosecutor, (M.A.G.N.E.T. - Mohave Area General Narcotics Enforcement Team) who is experienced in defending individuals charged with transportation of marijuana for sale, transportation of dangerous drugs for sale, money laundering, and other drug trafficking and possession offenses.
Our office is committed to protecting our client's rights.
Arizona law enforcement uses questionable tactics to illegally profile and detain motorist they suspect are trafficking illegal drugs. Despite marijuana laws changing across the Country, drug interdiction is still a high priority for Arizona DPS (department of public safety).
State law enforcement in cooperation with the DEA has created profiles they use when determining when to pull over drivers in the hopes of finding drugs being transported from California to other states. These drug courier profiles often target men (young and old) who are driving alone or with others in rental cars or other types of vehicles. In recent cases, law enforcement has even been discovered using automatic license plate readers to gather data on "suspected" drug couriers.
The police will often pull the car over under the pretext of a traffic violation (following too close, improper lane change, speeding less than 5 miles over the limit). Sometimes an officer will question the driver about their travel plans while another officer questions the passenger. An officer may ask for consent to search the vehicle, and even when denied consent, they will illegally detain individuals who are otherwise "free to go" just so that a drug dog can be called to the scene to search a vehicle.
These type of searches without reasonable suspicion, probable cause or unauthorized detention are violations of an individual right under the 4th Amendment to be free from unreasonable searches and seizures. These issues raised in pretrial litigation may be used in plea negotiations or may be successful in getting evidence suppressed and drug charges reduced or dismissed. Our office believes that fighting for our clients is important because all motorist and citizens deserve their rights to be protected.
Class 2 Felony Range For Most Possession or Transportation of Drugs for Sale Cases
Possession or Transportation of Drugs for Sale are serious offenses. Most offenses are Class 2 Felonies. Class 1 Felonies include homicide so a Class 2 Felony is much more serious than a Class 4 (simple possession) charge or even a Class 6 Felony (possession of drug paraphernalia charge).
Class 2 Felonies are punishable with prison between 3 to 12.5 years with the normal or presumptive sentence being 5 years in prison. A Defendant may be eligible for probation for a sales offense but not if the offense involves methamphetamine or if the drugs in question have a quantity or a street value over $1,000.00. With drug offense cases the drugs for sale almost are almost always over the “statutory threshold” amount.
Mandatory Prison Amounts
The threshold amounts include:
- Amphetamine & Methamphetamine (Meth) = 9 grams
- Cocaine = 9 grams (powder form) – 750 milligrams (rock form)
- LSD = 1/2 milliliter (liquid form) – 50 dosage units (blotter form)
- Marijuana = 2 pounds
- PCP = 4 grams or 50 milliliters
Arizona Revised Statutes 13-3401(36)
Basically, if the amount of drugs for sale is a large enough quantity or if the drugs for sale include Meth, then the defendant is facing MANDATORY prison. Meth sales have a higher prison sentence between 5 to 15 years for the same Class 2 Felony.
In addition possession or transportation for sale cases have mandatory fines. The minimum fine is $750 or three times the street value of the drugs, whichever is greater, plus an ADDITIONAL 83% surcharge. There is also an additional $15 dollar assessment on top of that. Assuming that someone had an ounce of methamphetamine which arguably has a street value of $2,500 the total court-ordered fines could be as much as $13,740.00. In some of these cases where pounds of drugs are involved, the fines can be very high.
If you have been charged with a drug sales case it is important to consult with an attorney to determine the best legal defenses to get as many charges reduced or dismissed.
Helping Individuals In Arizona Charged With Serious Drug Crimes
If you or a loved one has been arrested and charged with transportation of marijuana and drugs for sale as a result of a traffic stop please call our office today to schedule a free consultation to find out how we can help you.