Drug Crime Attorney in Phoenix

Penalties for Drug Crimes in Arizona

Arizona’s drug laws are codified under A.R.S. Title 13, Chapter 34. The severity of the penalty depends on the classification of the drug, the quantity involved, and the defendant’s prior criminal history.

• Threshold Amounts: Arizona statutory thresholds include one gram of heroin, nine grams of cocaine (including hydrolyzed cocaine), four grams or 50 milliliters of PCP, nine grams of methamphetamine, nine grams of amphetamine, one-half milliliter of LSD or 50 blotter dosage units, two pounds of marijuana, and nine grams of fentanyl or fentanyl mimetic substances.
• Other Substances: For an unlawful substance not specifically listed in the threshold statute, the threshold is a market value of at least $1,000. Arizona law generally measures the entire mixture or substance containing a detectable amount of the unlawful drug. For LSD, the statute uses the greater calculation of blotter weight or dosage units.
• Prop 200 (A.R.S. § 13-901.01): Proposition 200 generally requires probation with drug treatment for eligible first- and second-time personal-possession offenses. Statutory exclusions include methamphetamine offenses, possession for sale, production, manufacturing, transportation for sale, certain prior possession convictions, rejected treatment or probation, and violent-crime circumstances.
• Diversion & Drug Court: County prosecutors have discretion over diversion or deferred prosecution, and a judge can’t order diversion as a matter of right. The Maricopa County Attorney’s Office operates a Felony Diversion Program for eligible felony drug possession and certain other felony cases. Maricopa County also operates a drug court through a specialized Superior Court calendar that combines judicial supervision and treatment.

Federal Drug Charges in Phoenix

Not every drug case is federal, but allegations involving interstate activity, importation, or drug conspiracy may be prosecuted in the Phoenix division of the U.S. District Court for the District of Arizona. We represent people facing federal allegations involving:

• Drug trafficking
• Possession with intent to distribute
• Manufacturing
• Importation
• Distribution

Under 21 U.S.C. § 841, federal law prohibits knowingly or intentionally manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense a controlled substance. Federal penalty tiers can depend on the drug type, quantity, and qualifying prior convictions. For example, one kilogram or more of a mixture containing heroin falls within a higher statutory penalty tier. A federal sentence under this statute generally includes supervised release in addition to any prison term.

Legal Defense to Drug Crimes

A charge isn’t a conviction. Our Phoenix drug crime lawyers examine the prosecution’s evidence and the circumstances surrounding the investigation to identify available defenses.

Challenging Constitutional Violations

The Fourth Amendment protects you against “unreasonable searches and seizures.” If the police pulled you over without reasonable suspicion or searched your home without a valid warrant or a legal exception to the warrant requirement, the court may suppress the evidence and deem it inadmissible.

Lack of Knowledge or Intent

To convict you of possession, the state must prove that you knowingly possessed the drug. If a friend left a controlled substance in your vehicle without your knowledge, or if you were a passenger in a car where drugs were hidden, we can argue a lack of “guilty knowledge.”

Chain of Custody and Lab Errors

Our drug crime lawyers in Phoenix review the lab results and the “chain of custody” logs. Mislabeled or contaminated drugs and improperly calibrated testing equipment can compromise the evidence against you.

Entrapment

In some cases, undercover officers or informants go beyond merely providing an opportunity to commit a crime and induce an otherwise law-abiding person to break the law. If you were coerced or pressured by law enforcement, an entrapment defense may be applicable.

Frequently Asked Questions

These answers address questions we often hear from people facing drug allegations in Phoenix.

Can I Still Be Charged with a Drug Crime for Marijuana in Phoenix?

While recreational marijuana is legal in Arizona for adults 21 and older, possession is limited to one ounce, including no more than five grams of concentrate. You can still face charges for possessing more than the legal limit, possessing marijuana while under 21, driving under the influence of marijuana, or selling it without a license.

What is the "threshold amount" and why does it matter?

The threshold amount is a specific weight determined by the state. If you possess more than this amount, prosecutors may argue that the quantity points to an intent to sell. Meeting or exceeding the threshold can remove the possibility of a “probation only” sentence and expose you to mandatory prison time upon conviction for sale-related offenses.

Should I Talk to the Police If I Know I’m Innocent?

No. Anything you say can and will be used against you. Even seemingly innocent statements can be twisted to fit the prosecution’s narrative. Exercise your right to remain silent and ask for a lawyer immediately.

Can a Drug Charge Be Dropped to a Lower Offense?

Yes. Through “plea bargaining,” an attorney may be able to negotiate a felony charge down to a misdemeanor or secure a “diversion” program. Successful completion of an agreed diversion program can result in the dismissal of all charges.

Why Choose Cates & Reed, PLLC?

When your freedom is on the line, your defense requires focused attention. At Cates & Reed, PLLC, we provide personalized attention to every client and work to keep one allegation from defining the rest of your life.

If you’re facing drug charges in Maricopa County, time is of the essence. The earlier our drug crime attorneys in Phonix can begin investigating your case and preserving evidence, the more time we have to examine the prosecution’s allegations and prepare your defense.