In Arizona, cocaine is classified as a narcotic drug. The qualifications and penalties for the possession of a cocaine and the possession of cocaine for sale are listed in the Arizona Revised Statutes (ARS) § 13-3408. Any violation of these laws is a criminal offense that could result in prison time and significant fines.
What are the qualifications for the possession of cocaine?
Arizona law, under ARS §13-3408 (A)(1), prohibits the possession of any amount of cocaine for personal use. To violate this law, an individual is required to knowingly possess the drug as well as to actually exercise control or have the ability to exercise control over it.
What are the penalties for the possession of cocaine?
A first-time violation for the possession of cocaine is a Class 4 felony and is punishable by a maximum of 3 years in prison. Additionally, offenders will be required to pay either a fine of at least $2,000 or three times the value of the cocaine, whichever amount is greater. In certain cases, the court will reduce the conviction to a Class 1 misdemeanor. This frequently occurs when the amount of drugs is very scarce.
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What are the requirements for the possession of cocaine for sale?
To be convicted of the possession of cocaine for sale, an alleged offender must have more than the “statutory threshold” amount of the drug in his or her possession. The statutory threshold amount for cocaine is 9 grams of powder or 750 milligrams of rock cocaine. There is no requirement that the individual actually had any intent to distribute the drug as long as he or she possessed the necessary statutory amount.
What are the penalties for the possession of cocaine for sale?
Pursuant to ARS §13-3408 (B)(2), the possession of cocaine for sale is punishable as a Class 2 felony. The penalty for first-time offenders is a minimum of three years in prison or a maximum of 10 years. Any individual with a previous conviction, meanwhile, will be subject to increased prison time. If the distribution occurred in a drug-free school zone, one year will be added to the sentence.
If you or someone you know has been arrested or suspected of Cocaine Possession in Arizona, please call our office to schedule a free consultation. Our offices are available 24 hours a day, 7 days a week at (602) 307-0808. You can also send us an email through our secure web form.