Is Drug Possession a Felony or Misdemeanor in Arizona? | Phoenix Criminal Lawyer Explains

Описание: If you’ve been arrested or are under investigation for drug possession in Phoenix or anywhere in Maricopa County, one of the first questions you probably have is: “Is this a felony or a misdemeanor?”

In Arizona, many “simple possession” cases are filed as felonies—even when the amount seems small—because the classification depends on the type of substance (narcotic vs. dangerous drug vs. marijuana), the amount, your criminal history, and the surrounding facts. A charge can also change quickly if police believe there was intent to sell, packaging for sale, transportation, or other aggravating allegations.

In this video, Phoenix Criminal Lawyer explains:
• When drug possession is typically a felony in Arizona
• When a case might be treated as a misdemeanor (or left undesignated while on probation)
• How adult-use marijuana limits work after Proposition 207
• What penalties may be on the table and what can increase them
• Practical steps to protect yourself after an arrest

*Felony vs. misdemeanor: what determines the charge?*
For many drugs—like cocaine, heroin, fentanyl, and certain prescription pills—possession is commonly charged as a Class 4 felony in Arizona when the substance is classified as a narcotic drug. Possession or use of many “dangerous drugs” is also commonly a Class 4 felony. In limited first-time dangerous drug cases (depending on the drug and your record), the court may have options to treat the case more favorably, but some drugs (including methamphetamine, LSD, amphetamine, and PCP) are excluded from that misdemeanor option.

*Why some cases get worse fast*
What starts as “possession” can become far more serious if law enforcement alleges:
• Possession for sale (based on quantity, cash, text messages, baggies, scales, or ledgers)
• Transportation, importation, or distribution
• Threshold amounts or repeat-offender allegations
• Other charges filed alongside the drug case (weapons, DUI, probation violations, warrants)

*What about marijuana in Arizona?*
For adults 21 and over, Arizona generally allows possession of up to 1 ounce of marijuana (with limits on concentrates). Possessing more than the legal amount can lead to a petty offense or more serious charges depending on the amount and circumstances. If you’re under 21, the penalties can look different and may escalate with repeat violations—even if it’s “just weed.”

*Drug paraphernalia charges*
Paraphernalia can be charged separately, and the definition is broad—pipes, baggies, syringes, and scales are common examples. Marijuana-related paraphernalia can be treated differently under Proposition 207 rules, but paraphernalia allegations still matter because they can impact how the state views the case.

*Common defenses in Arizona drug possession cases*
Every case is fact-specific, but a defense attorney may be able to:
• Challenge an unlawful stop, search, or warrant
• Argue you didn’t knowingly possess the substance (lack of knowledge)
• Fight “constructive possession” claims (shared cars, homes, or passengers)
• Question lab testing, contamination, and chain of custody
• Highlight lawful explanations (prescriptions/medical issues where applicable)
• Push for diversion, treatment-focused options, or reduced charges when available

*Talk to a lawyer early*
Drug cases move fast. What you say to police, what’s in your phone, and how evidence is collected can shape the entire case. Get answers before you make decisions that could hurt your future, your job, your license, or your record.

Call Phoenix Criminal Lawyer: 602-600-0447
Visit: https://phoenixcriminallawyer.co/prac...

Disclaimer: This video is for general information only and is not legal advice. Every case is different.

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