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What is the Penalty for Sale or Transportation of Drugs in Arizona?

Posted by Shawn Hamp | Nov 17, 2015 | 0 Comments

Drug sales

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.

Mandatory Fines

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.

About the Author

Shawn Hamp

President and lead counsel for the Law Offices of Shawn B. Hamp, P.C. (An Arizona Professional Corporation), Shawn Hamp has practiced law for more than 15 years with an emphasis in criminal law. An experienced trial attorney, Mr. Hamp has been lead counsel in hundreds of criminal trials and court...

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