While being convicted of any type of drug possession crime in Arizona can come with severe penalties and repercussions, drug possession with intent to distribute is a more serious crime in the eyes of the law. Possession with intent to sell, transport or distribute becomes a matter of public safety for lawmakers. It comes with the possibility of multiple drug users, new addicts and related consequences rather than only one person possessing or using the drugs. For this reason, the courts penalize drug distribution crimes more heavily than simple drug possession.
According to A.R.S. 13-3408, knowingly possessing a narcotic drug for sale or transport is a class 2 felony. This is an enhanced crime compared to simple possession of a narcotic drug, which is a class 4 felony. The sentence for drug distribution is also enhanced – it includes up to five years in jail and/or at least $750 in fines. This is twice the maximum jail time of 2.5 years for simple drug possession in Arizona. This is why it is important to hire a criminal defense lawyer to argue against allegations that you possessed a narcotic drug with intent to sell or distribute.