Phoenix Possession of Methamphetamines for Sale

Dangerous Drug Crimes

Possession of Dangerous Drugs for Sale is prohibited by Arizona law per Arizona Revised Statutes § 13-3407(A)(2).  Possession of methamphetamine for sale is specifically prohibited as methamphetamine is defined as a dangerous drug pursuant to Arizona Revised Statutes § 13-3401.

Arizona Revised Statutes § 13-3407(A)(2) provides that a person shall not knowingly possess a dangerous drug for sale.  Arizona Revised Statutes § 13-3407(A)(7) provides that a person shall not knowingly transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a dangerous drug.

Possessing methamphetamine for sale in Arizona is a class two felony.  A felony conviction carries with it a substantial punishment.  If you are convicted of possessing methamphetamine in violation of the Possession of Dangerous Drugs statute, Arizona Revised Statutes § 13-3407, you must be sentenced to prison for between 5 years and 15 calendar years.  A calendar year means that you are not eligible for release before serving every day of your sentence.

If you have prior felony convictions, a conviction of the Possession of Dangerous Drugs for Sale statute, Arizona Revised Statutes § 13-3407, for possessing methamphetamine for sale, could result in mandatory prison sentences of between 4.5 years and 35 years, depending on your prior convictions.

Unlike many other drug offenses, possession of methamphetamine for sale in violation of the Possession of Dangerous Drugs for Sale statute, Arizona Revised Statutes § 13-3407(A)(2), is not covered by Proposition 200.

Unlike simple possession of methamphetamine cases, the government must prove that you possessed the methamphetamine for sale.  This must be proved through different indicia of sales, including being above the threshold amount[1]; the presence of ledgers; the presence of large amounts of money; individual packaging of the drugs; the presence of scales; and other factors.  There may be many different explanations for the presence of these items, including the presence of a large amount of methamphetamine, which you should explore with your attorney to form a defense to Possession of Dangerous Drugs for Sale.

With so much at stake, it’s important that you be represented by attorneys knowledgeable and experienced in defending possession of methamphetamine for sale cases.  The attorneys at AZ Defenders will aggressively and effectively find any weaknesses in the government’s case against you and utilize the best defenses to ensure the best possible outcome for you.  Although every case is different, some defenses that AZ Defenders have successfully used to protect our clients include:

  • Lack of knowledge regarding possession
  • Lack of evidence of possession at all
  • Lack of constructive possession
  • Lack of intent to sell
  • Possession of large quantities for purposes of personal use (“Walmart Defense”)
  • Suppression of evidence due to violations of the Fourth Amendment to the United States Constitution. (illegal searches and seizures)
  • Suppression of statements due to violations of the Fifth and Sixth Amendments to the United States Constitution. (involuntary or coerced confessions; right to counsel violations; Miranda violations)

Don’t face prison time and other serious consequences without speaking with the attorneys at AZ Defenders to figure out how to best defend your possession of methamphetamine for sale case.

[1] Pursuant to Arizona Revised Statutes § 13-3401(36), the threshold amount for methamphetamine is a weight, market value, or other form of measurement of methamphetamine equal to nine grams of methamphetamine.

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