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Tucson Laws on Drug Possession: Charges for Marijuana, Heroin and More

Getting caught with drugs in Tucson can lead to some pretty serious charges — even for small amounts. Arizona has strict drug laws and mandatory minimum sentences for many drug offenses. Possession of even a tiny amount of some drugs is a felony. This article will break down the laws and penalties for possession of common illegal drugs like marijuana, heroin, meth, and cocaine in Tucson and the rest of Arizona.

Marijuana Possession

Arizona has some of the harshest marijuana laws in the country. Possession of any amount of marijuana is a felony in Arizona[3]. The penalties depend on the amount:

Less than 2 lbs: Class 6 felony, minimum sentence of 4 months in prison[3]
2-4 lbs: Class 5 felony, minimum sentence of 1 year in prison[3]
4 lbs or more: Class 4 felony, minimum sentence of 1.5 years in prison[3]

There’s no such thing as a misdemeanor marijuana charge in Arizona — it’s a felony, even for a tiny amount. The only exception is if it’s your first offense and the amount is less than 2 lbs. Then you may be eligible for probation instead of prison[3]. But probation for felony weed possession in Arizona can be strict — expect random drug testing, counseling, community service, heavy fines, and more. Violate probation and you’ll be heading to prison anyway.

Medical marijuana is legal in Arizona if you have a card from the state health department — but you can still be arrested if you have more than the legal limit, get high in public, drive under the influence, or possess marijuana on federal land like national parks or monuments[5].

Heroin and Opioid Possession

Arizona has a major opioid addiction crisis, so laws for heroin, oxycodone, fentanyl and other opioids are extremely strict. Possession of any amount of heroin or opioids without a valid prescription is a felony[6].

Penalties for heroin depend on the amount[6]:

Less than 1 gram: Class 4 felony, up to 3.75 years in prison
1-4 grams: Class 3 felony, minimum 2 years in prison
4 grams or more: Class 2 felony, minimum 4 years in prison

Penalties for prescription opioids like oxycodone, hydrocodone, fentanyl, and morphine also depend on the amount[4]:

Less than 2 lbs: Class 4 felony, up to 3.75 years in prison
2-4 lbs: Class 3 felony, minimum 2 years in prison
More than 4 lbs: Class 2 felony, minimum 4 years in prison

Unlike marijuana charges, there is no probation option for first-time simple possession of heroin or opioids — you will serve prison time. The judge does not have discretion to give probation instead of incarceration[6].

Cocaine, Meth and Other Stimulants

Possession of cocaine, meth, MDMA, and other stimulants is a Class 4 felony in Arizona, punishable by 1-3.75 years in prison[4]. The penalties increase to a Class 3 felony with a minimum 2 year prison sentence if[4]:

The amount is 9 grams or more
You possess drug paraphernalia (scales, baggies, etc.) indicating intent to sell
The drugs are packaged for sale
You were in possession of a firearm

Simply having more than 9 grams indicates intent to sell in the eyes of Arizona law. You can be charged with the more serious Class 3 felony possession with intent to distribute based on the amount alone[4].

How Much is a “Use Amount” in Arizona?

Arizona’s drug laws have something called a “use amount.” This is the maximum amount someone could reasonably possess just for personal use, not for sale/distribution[4].

The use amounts for common drugs are[4]:

Heroin: 1 gram
Cocaine: 1 gram
Methamphetamine: .2 grams
MDMA: .25 grams
LSD: 10 dosage units

If you are caught with drugs exceeding the “use amount,” you can be charged with the more serious crime of possession with intent to distribute, even if you don’t have any other evidence of drug dealing on you.

Defenses for Drug Possession Charges

The penalties for even simple drug possession can be life-changing. A felony conviction affects your ability to get a job, secure housing, obtain student loans, and more. But there are legal defenses that an experienced criminal defense lawyer can use to get drug charges reduced or dismissed in Arizona and avoid a felony conviction:

Illegal search – If police did not have probable cause or a warrant to search you, vehicle or home, any drugs found may be excluded as evidence. No drugs = no charges.
No knowledge – If someone else left drugs in your car or home without your knowledge, you cannot be convicted of possession or possession with intent.
No usable amount – Tiny trace amounts that cannot get a person high may not qualify as “possession” under Arizona law.
Misidentified substance – Lab tests can determine if seized substances were illegal drugs or not.
Medical marijuana – A valid medical marijuana card is a defense to possession up to the legal limits.
Coerced confession – If police coerced you into confessing, that confession may be excluded from evidence.

An experienced criminal defense attorney can evaluate the details of your case and decide if any of these defenses apply. This gives you the best chance at an acquittal or getting charges reduced to a misdemeanor.

Conclusion

Getting busted with drugs in Arizona is extremely serious. Even marijuana possession and tiny amounts of other drugs can lead to felony charges and years in prison. If you are facing drug charges in Tucson or anywhere in Arizona, don’t delay in contacting an experienced criminal defense lawyer. An attorney may be able to get charges reduced or dismissed so you can avoid a devastating felony conviction.