Possession of Drugs with Intent to Sell in Arizona
Nobody should use illegal drugs. It’s that simple. With that said, however, things happen. People make mistakes. If you’re caught with drugs on your possession, you’ll be arrested. You’ll also be charged with possession. The consequences are not pleasant. However, if you’re charged with possession with intent to sell, the penalties are life changing. In this situation, you’re going to want a criminal defense lawyer in Arizona by your side.
Where somebody is caught with a large quantity of drugs, the police are going to assume that they’re planning on selling the drugs. Of course, there are times when somebody has no intent on selling the drugs. They may like to buy their drugs in bulk. Or they just use a lot more of the drug than the average person. However, these cases are rare. The court, like the cops, are going to assume that you are going to sell the marijuana or narcotics in your possession.
Your Charges Will Depend on the Quantity of Drugs in Your Possession
Like a lot of other states, Arizona bases its possession with intent to sell laws on the quantity of drugs. The more drugs you have on you, the greater the chances that you’ll be charged with possession to sell rather than simple possession. The breakdown below represents the thresholds for both marijuana and other narcotics:
- Heroin: 1 gram
- Cocaine: 9 grams
- PCP: 4 grams
- Methamphetamine: 9 grams
- LSD: ½ milliliter
- Marijuana: 2 pounds
If you have more than these threshold amounts, the courts will assume you were planning on selling the drugs. However, they do need to prove all four (4) elements of the crime in order to convict you. Your criminal defense lawyer in Arizona is going to fight these charges for you.
What are the Elements for the Crime of Possession with Intent to Sell or Distribute?
In Arizona, the prosecutor has to prove all of the elements of any crime for you to be found guilty. When it comes to possession with intent to sell, they need to demonstrate the following:
- You were in possession of the drug
- You were aware or should have been aware that you were in possession of the substance
- The quantity meets or exceeds the threshold as laid out in the statute’
- You intended to sell the drugs to a third party
The State is also going to look at other factors in order to prove you were guilty. Some of these factors include:
- You also had drugs paraphernalia in your possession that shows your intent to sell (i.e., baggies, a scale, etc.)
- You are near the border or in a well-known drug area
- There is a lot of suspicious activity surrounding you (i.e., there is constant traffic in and out of your house)
- You have a history of selling drugs
Just as the prosecutor is going to rely on these factors to prove your guilt, your criminal defense lawyer in Arizona is going to use them to prove your innocence.
What are the Penalties for Possession with Intent to Sell in Arizona?
If you’re convicted of possession with intent to sell, you will do jail time. This is especially true of methamphetamine which carries a minimum, mandatory jail sentence.
The penalties are as follows:
- Marijuana: Fines of up to $150,000 and up to 4 years in jail
- Narcotics: Fines of at least $1,000 and 5 years in jail
- Methamphetamine: Fines of at least $1,000 and 5 years in jail (no probation or parole)
If you’ve been charged with possession with intent to sell, you need to call an experienced criminal defense lawyer in Arizona right away.