POSSESSION OF DRUGS: SALE/MANUFACTURE/PRODUCTION/TRANSPORTATION

The following offenses involve production, sale, or transportation of drugs. Scroll down the page or click on the links to find out the details on each:

• Possession of Marijuana for Sale
• Production of Marijuana
• Transportation of Marijuana for Sale
• Possession of Dangerous Drugs for Sale
• Manufacture of Dangerous Drugs
• Transportation of Dangerous Drugs for Sale

Possession of Marijuana for Sale (A.R.S. § 13-3405(A)(2))

Possession of marijuana for sale is a more serious offense than possession of marijuana for personal use. A prosecutor will attempt to prove that the marijuana was possessed for sale by using evidence such as the quantity of marijuana, the way the marijuana was packaged, the presence of scales or small baggies, or other relevant evidence. Any conviction for this offense will result in a fine of three times the value of the marijuana, or $750, whichever is greater.

If the total amount of marijuana is less than two pounds, a conviction for possession of marijuana for sale is a class 4 felony. If the offense is a first offense, probation may be available, or the sentence can be up to 3.75 years in prison. If probation is granted, a defendant will be required to complete 240 hours of community service and there is a possibility of up to one year in county jail.

If the total amount of marijuana for sale is at least two pounds, but less than four pounds, the offense is a class 3 felony, and probation is not available. The sentence for a first-offense class 3 felony conviction is generally 2.5 to 7 years in prison, although in exceptional circumstances, the sentence may be as short as 2 years or as long as 8.75 years in prison.

If the total amount of marijuana for sale is at least four pounds, the offense is a class 2 felony, and probation is not available. The sentence for a first-offense class 2 felony conviction is generally 4 to 10 years in prison, although in exceptional circumstances, the sentence may be as short as 3 years or as long as 12.5 years in prison.

In all cases, if a defendant has any prior felony convictions, a conviction for possession of marijuana for sale can result in vastly increased punishment. For example, the sentencing range for a class 2 felony conviction with at least two prior felony convictions is 10.5 to 35 years in prison.

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Production of Marijuana (A.R.S. § 13-3405(A)(3))

In order to obtain a conviction for this offense, the state must prove that the defendant grew, planted, cultivated, harvested, dried, or processed marijuana, or prepared marijuana for sale. Any conviction for this offense will result in a fine of three times the value of the marijuana, or $750, whichever is greater.

If the total amount of marijuana produced is less than two pounds, a conviction for this offense is a class 5 felony. If the offense is a first offense, probation may be available, or the sentence can be up to 2.5 years in prison. If probation is granted, a defendant will be required to complete 240 hours of community service and there is a possibility of up to one year in county jail.

If the total amount of marijuana produced is at least two pounds, but less than four pounds, the offense is a class 4 felony, and probation is not available. The sentence for a first-offense class 4 felony conviction is generally 1.5 to 3 years in prison, although in exceptional circumstances, the sentence may be as short as 1 year or as long as 3.75 years in prison.

If the total amount of marijuana for sale is at least four pounds, the offense is a class 3 felony, and probation is not available. The sentence for a first-offense class 3 felony conviction is generally 2.5 to 7 years in prison, although in exceptional circumstances, the sentence may be as short as 2 years or as long as 8.75 years in prison.

In all cases, if a defendant has any prior felony convictions, a conviction for production of marijuana can result in vastly increased punishment. For example, the sentencing range for a class 3 felony conviction with at least two prior felony convictions is 7.5 to 25 years in prison.

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Transportation of Marijuana for Sale (A.R.S. § 13-3405(A)(4))

Transportation of marijuana for sale is a very serious offense in Arizona. A prosecutor will attempt to prove that the marijuana was transported for sale by using evidence such as the quantity of marijuana, the way the marijuana was packaged, the presence of scales or small baggies, or other relevant evidence. Any conviction for this offense will result in a fine of three times the value of the marijuana, or $750, whichever is greater.

If the total amount of marijuana is less than two pounds, a conviction for possession of marijuana for sale is a class 3 felony. If the offense is a first offense, probation may be available, or the sentence can be up to 8.75 years in prison. If probation is granted, a defendant will be required to complete 240 hours of community service and there is a possibility of up to one year in county jail.

If the total amount of marijuana is at least two pounds, the offense is a class 2 felony, and probation is not available. The sentence for a first-offense class 2 felony conviction is generally 4 to 10 years in prison, although in exceptional circumstances, the sentence may be as short as 3 years or as long as 12.5 years in prison.

In all cases, if a defendant has any prior felony convictions, a conviction for transportation of marijuana for sale can result in vastly increased punishment. For example, the sentencing range for a class 2 felony conviction with at least two prior felony convictions is 10.5 to 35 years in prison.

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Possession of Dangerous Drugs for Sale (A.R.S. § 13-3407(A)(2))

The term “dangerous drug” is defined under A.R.S. § 13-3401(6), and includes essentially all street drugs other than marijuana. Possession of dangerous drugs for sale is a more serious offense than possession of dangerous drugs for personal use. A prosecutor will attempt to prove that the drugs were possessed for sale by using evidence such as the quantity of drugs, the way the drugs were packaged, the presence of scales or ledgers, or other relevant evidence.

A conviction for possession of drugs for sale is a class 2 felony and will result in a fine of three times the value of the drugs, or $1000, whichever is greater. If the drug involved is not methamphetamine, and the total amount of drugs is less than the “statutory threshold,” probation may be available for a first offense. See Statutory Threshold, below. If probation is granted, the defendant will be required to complete 360 hours of community service and there is a possibility of up to one year in county jail.

If the amount of drugs is equal to or greater than the statutory threshold, probation is not available. In that case, if the drug involved is not methamphetamine, the sentence range for a first-offense conviction is generally 4 to 10 years in prison, although in exceptional circumstances, the sentence may be as short as 3 years or as long as 12.5 years in prison.

Offenses involving methamphetamine have separate, stricter sentencing guidelines. A first-offense conviction for possession of methamphetamine for sale will result in a sentence of 5 to 15 years in prison, and probation is not available, even if the amount of drugs is less than the statutory threshold.

In all cases, if a defendant has any prior felony convictions, a conviction for possession of dangerous drugs for sale can result in vastly increased punishment. For example, the sentencing range for a class 2 felony conviction with at least two prior felony convictions is 10.5 to 35 years in prison.

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Manufacture of Dangerous Drugs (A.R.S. § 13-3407(A)(4))

In order to obtain a conviction for this offense, the state must prove that the defendant manufactured dangerous drugs or packaged or labeled containers for dangerous drugs. The term “dangerous drug” is defined under A.R.S. § 13-3401(6), and includes essentially all street drugs other than marijuana.

A conviction for manufacture of dangerous drugs is a class 2 felony and will result in a fine of three times the value of the drugs, or $1000, whichever is greater. If the drug involved is not methamphetamine, the sentence range for a first-offense conviction is generally 4 to 10 years in prison, although in exceptional circumstances, the sentence may be as short as 3 years or as long as 12.5 years in prison. Probation is not available.

Offenses involving methamphetamine have separate, stricter sentencing guidelines. A first-offense conviction for manufacture of methamphetamine will result in a sentence of 5 to 15 years in prison. Again, probation is not available.

If a defendant has any prior felony convictions, a conviction for manufacture of dangerous drugs can result in vastly increased punishment. For example, the sentencing range for a class 2 felony conviction with at least two prior felony convictions is 10.5 to 35 years in prison.

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Transportation of Dangerous Drugs for Sale (A.R.S. § 13-3407(A)(7))

Transportation of dangerous drugs for sale is a very serious offense in Arizona. The term “dangerous drug” is defined under A.R.S. § 13-3401(6), and includes essentially all street drugs other than marijuana. A prosecutor will attempt to prove that the drugs were transported for sale by using evidence such as the quantity of drugs, the way the drugs were packaged, the presence of scales or ledgers, or other relevant evidence.

A conviction for transportation of drugs for sale is a class 2 felony and will result in a fine of three times the value of the drugs, or $1000, whichever is greater. If the drug involved is not methamphetamine, and the total amount of drugs is less than the “statutory threshold,” probation may be available for a first offense. See Statutory Threshold, below. If probation is granted, the defendant will be required to complete 360 hours of community service and there is a possibility of up to one year in county jail.

If the amount of drugs is equal to or greater than the statutory threshold, probation is not available. In that case, if the drug involved is not methamphetamine, the sentence range for a first-offense conviction is generally 4 to 10 years in prison, although in exceptional circumstances, the sentence may be as short as 3 years or as long as 12.5 years in prison.

Offenses involving methamphetamine have separate, stricter sentencing guidelines. A first-offense conviction for transportation of methamphetamine for sale will result in a sentence of 5 to 15 years in prison, and probation is not available, even if the amount of drugs is less than the statutory threshold.

In all cases, if a defendant has any prior felony convictions, a conviction for transportation of dangerous drugs for sale can result in vastly increased punishment. For example, the sentencing range for a class 2 felony conviction with at least two prior felony convictions is 10.5 to 35 years in prison.

The “statutory threshold” is defined as follows:

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