Drug offenses are one of the most widely prosecuted crimes in Arizona courts. The quantity and purpose of possession, such as possession for sale rather than possession for use, determine the range of punishment.

Defenses to Charges

Generally, these cases are often defended by making a motion in court to suppress the evidence based on lack of a warrant, or lack of probable cause. These motions are called "suppression motions." They are agued when there is a violation of the person's Fourth Amendment rights. When these motions are granted in a drug case, it almost always results in the case being dismissed.

The prosecution must also prove each and every essential element of possession. If the prosecutor cannot prove each of the following, the defendant is not guilty. The elements are:

• Dominion and Control of the substance. Mere presence at the scene is not sufficient.
• In a quantity usable for consumption or sale [Possession for sale also requires a specific intent to sell it].
• Knowledge of its presence.
• Knowledge of its restricted dangerous drug character.

Consequences of Conviction

The consequences of a conviction for drug offenses ranges from probation to lengthy prison sentences, depending on the type and quantity of drugs, and the person's prior criminal record.