Dangerous Drugs

A.R.S. § 13-3407 criminalizes the possession, use, sale, manufacturing, and transportation of dangerous drugs. Dangerous drugs include methamphetamine, amphetamine, LSD, PCP, ecstasy (MDMA), anabolic steroids, and numerous other controlled substances defined under A.R.S. § 13-3401.

Penalties

• Possession or use — Class 4 felony (may be reduced to a Class 1 misdemeanor for first-time offenders if the drug is not methamphetamine, LSD, PCP, or amphetamine)
• Possession for sale — Class 2 felony
• Manufacturing — Class 2 felony (methamphetamine) or Class 3 felony (other dangerous drugs)
• Transportation for sale — Class 2 felony

Threshold Amounts

When the quantity of a dangerous drug exceeds the statutory threshold amount, enhanced penalties apply and probation may not be available. For methamphetamine, the threshold is nine grams.

Defenses

Defenses include challenging the search and seizure, disputing the weight or identity of the substance through independent testing, arguing that the drugs belonged to someone else, and contesting the prosecution’s evidence of intent to sell.