Punishment Range For Possession And Transportation Of Illegal Drugs With Intent For Sale
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 includes 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.