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A.R.S. § 13-901.01 probation eligibility does not apply to a person who is convicted of possession for sale.


A.R.S. §13-3402(A), A.R.S. § 13- 3403(A)(2) & (3), A.R.S. § 13- 3404.01(A)(6), (8) & (9), A.R.S. § 13- 3405(A)(2), A.R.S. § 13- 3406(A)(2) & (7), A.R.S. § 13- 3407(A)(2), and A.R.S. § 13- 3408(A)(2) make it a crime in Arizona to possess for sale or sell peyote, vapor-releasing substance containing a toxic substance, precursor chemicals, marijuana (without a valid Medical Marijuana card), prescription drugs not prescribed to you, dangerous drugs, and narcotic drugs respectively.

“Drug possession is not drug dealing--without proof.”  Lisa Witt

It is a Class 6 felony to knowingly sell peyote according to A.R.S. § 13-3402(A) subject to a religious freedom defense.  It can be a Class 1 misdemeanor or a Class 5 felony depending on the circumstances for selling a vapor-releasing substance.  It is a Class 2, Class 5 or Class 6 felony to knowingly sell a precursor chemical.  It ranges from a Class 2 to a Class 4 felony to knowingly possess marijuana for sale.  It is a Class 6 felony to knowingly possess a prescription drug for sale.  It is a Class 2 felony to knowingly possess dangerous drugs for sale.  It is a Class 2 felony to knowingly possess narcotic drugs for sale.



A charge of possession of drugs for sale in Arizona is very serious even if it is a first time felony.   Lisa is a smart, detail-oriented defense attorney who will thoroughly evaluate your case and determine if one or more of the following potential defense strategies apply:


  • Mere presence:  Merely being present around drugs does not make you guilty of possession of drugs for sale. 


  • Involuntary possession:  You did not knowingly possess the drug for sale.


  • Credibility of witness(es):  One or more witnesses who saw you possess drugs for sale lied.


  • No probable cause:  The police had no probable cause to detain/arrest you for selling drugs.


  • Illegal search:  The police conducted an illegal search of your vehicle, home, apartment your person.


  • Improbability of State’s theory:  The State’s theory may be improbable based on the timeline or other facts alleged.

“Dismissal of all charges is the ultimate victory”  Lisa Witt

  •  Preclusion of State’s evidence:  The State’s evidence may be ruled out due to violating your constitutional rights or illegally obtaining evidence or your confession.


  • Religious freedom:  According to A.R.S. § 13-3402(B), it is a defense if the peyote is being used or is intended for use for religious reasons in a manner not dangerous to public health, safety or morals.


  • Good character:  You may have witnesses who will testify that you are not a drug addict and/or that you did not possess drugs for sale on that occasion.


  • Police misconduct:  There may be police misconduct in investigating the charge, collecting the evidence, interviewing witnesses, or obtaining your confession.


  • Prosecutorial misconduct:  There may be prosecutorial misconduct in disclosing the evidence, interviewing witnesses, and in the general course of your case.


  • Possible other defenses:  Depending on the unique facts of your case, there may be other possible defenses.  Lisa thinks outside the box when defending your case so she may come up with a novel defense that no other attorney has thought of before.


If you or a loved one is facing a charge of possession of drugs for sale, it’s very important to hire a detail-oriented, passionate defense attorney who will fight for you as soon as possible.  Call LisaLaw, LLC or fill out the on-line form for a free case review.

Lisa Witt is a Mesa/Phoenix, Arizona drug sales defense attorney serving clients facing charges in the East Valley, West Valley, Maricopa County, Scottsdale, Tempe, Chandler, Fountain Hills, Apache Junction, Gold Canyon, Queen Creek, Gilbert, Casa Grande, Surprise, Goodyear, Buckeye, Youngtown, Ahwatukee, Avondale, Tolleson.

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