Posted by Phoenix Drug Possession Attorney Nick Alcock:

If you have been arrested for drug possession in Arizona, you are probably concerned about how possession for sale is determined. It mostly boils down to how much of the drug you were found with at the time and any additional evidence that may have been found. I’ve talked to a lot of folks who are confused about their charges because they never had any actual intention to sell the drugs in their possession. But there is more to it than that.

Here’s how it works according to Arizona law. In order to be charged with possession for sale you must possess an amount of drugs over the set statutory threshold amount for that type of drug. So what does that term mean? The State of Arizona has set certain statutory threshold amounts for illegal drugs. That means if you possess drugs in an amount over the set threshold, you can be charged with possession with intent to sell, even if you possessed the drugs for personal use or had no intention to sell. The law was written that way because at a certain amount, depending on the drug, the officer assumes you intended to sell it.

The threshold amount is different for each type of illegal drug. Again, you CAN be charged with possession for sale even if you did not intend to sell the drugs found in your possession. This is important because the penalties for drug possession for sale are much harsher than those for just possession. Possession for sale is ALWAYS charged as a felony, and you could be facing mandatory prison time and huge fines if you are convicted.

The police or DEA will also look for additional evidence that you intended to sell the drugs in your possession. They will be looking for things like:

  • Small amounts of drugs in baggies
  • Scales and tools commonly used in handling drugs for sale
  • Other drug paraphernalia
  • Ledgers and large amounts of cash
  • Evidence in your bank account and cell phone records

Here are some common threshold amounts in Arizona:

  • Marijuana: 2 pounds
  • Heroin: 1 gram
  • Meth: 9 grams
  • LSD: ½ ml or 50 dosage units
  • Crack: 750 mg
  • PCP: 4 grams

In general, other drugs not listed above are typically considered over the threshold amount if they carry a value over $1,000. Having dealt with many Phoenix drug possession cases over the years, I know these charges can get serious very quickly. Arizona does not treat drug crimes lightly, and among the most serious charges is possession for sale. If you’ve been accused of possessing drugs for sale because you possessed an amount over the threshold, call Alcock & Associates today at 602-989-5000 to speak with a Phoenix drug possession lawyer to go over your rights as soon as possible. The consultation is always free. We CAN help you today.

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