Phoenix Drug Sale Lawyer
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Phoenix Drug Sale and Drug Distribution Lawyer
Have you been charged with the sale or distribution of illegal drugs? Understanding the specifics of these charges can be challenging. The potential penalties can vary according to the specific drug involved, the quantity alleged to have been sold or distributed, and your prior criminal history.
At The Feldman Law Firm, we are experienced criminal defense attorneys who understand the nature of drug sale charges, and how best to present to establish a realistic and effective defense again them. To speak to an experienced Phoenix drug sale attorney, call us today. Your initial consultation is free.
What is a “Drug Sale” in Arizona?
Are All Drug Sales Treated the Same?
The answer to the question of whether all drug sales are treated alike is definitely NO! Here are some of the differences in the way these offenses are classified:
- Sale of Dangerous Drugs. “Dangerous drugs,” as defined in A.R.S. 13-3401(6), include LSD, mescaline, methamphetamine (and other amphetamines), phencyclidine (PCP), Valium (diazepam), Xanax (alprazolam), Klonopin (clonazepam), angel dust, anabolic steroids, and others. Sale or transfer of a dangerous drug is a class 2 felony.
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- Sale of Narcotic Drugs. Narcotic drugs include, among others, cocaine, crack, heroin, and other opioids such as fentanyl, morphine, codeine, and hydrocodone. Sale of a narcotic drug is a class 2 felony.
- Sale of Prescription-Only Drugs. Prescription-only drugs are those that are not narcotics or dangerous drugs but include those that require a prescription from a medical professional. Sale of a prescription-only drug is a class 6 felony.
- Sale of Marijuana. Sale or transfer of marijuana is classified according to weight. Sale or transfer (or offering to sell or transfer) under two pounds of marijuana is a class 3 felony. If the amount is two pounds or more, it is a class 2 felony.
Obviously, sale or transfer of illegal drugs is a serious crime under any circumstances, although the nature of the drug, and in some cases the amount, can affect the classification, and with it, the potential penalty if you are convicted. In addition, if you have a prior criminal record, this can also affect your sentence, particularly if you have two or more prior convictions.
What is a “Precursor Chemical”?
Arizona prohibits not only the sale of illegal drugs themselves, such as heroin, meth, cocaine, and others, it also prohibits the sale of certain “precursor chemicals.” A “precursor chemical” is defined under Arizona law as any material that contains a variety of substances that are used in the manufacture of methadone (for example, 4-cyano-2-dimethylamino-4, 4-diphenyl butane); certain opioids, including fentanyl (e.g., 4-phenylpiperidine); methamphetamine (chlorephedrine and chlorpseudoephedrine); and others.
The illegal sale of a precursor chemical can be classified anywhere from a class 2 misdemeanor to a class 2 felony. The level of the charge for the sale or transfer of a precursor chemical will depend, among other things, on issues such as:
- the particular precursor chemical involved.
- the amount of the chemical.
- transfers to those not legally entitled to possess the chemical.
These are just a few of the potential charges arising out of the transfer of precursor chemicals.