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A.R.S. § 13-901.01 states that a person who is convicted of personal use of a controlled substance except for methamphetamine is eligible for probation  as long as he or she has also not been convicted of a violent crime.  The court shall require participation in an appropriate drug treatment or education program as a condition of probation. 


A.R.S. § 13-3402, A.R.S. § 13-3403(A)(1), A.R.S. § 13-3405, A.R.S. § 13-  3406,  A.R.S. § 13- 3407, and A.R.S. § 13- 3408 make it a crime in Arizona to use peyote, a vapor-releasing substance containing a toxic substance, marijuana (without a valid Medical Marijuana ID card), prescription drugs not prescribed to you, dangerous drugs, and narcotic drugs.  “Dangerous drugs” are extensively defined in A.R.S. § 13-3401(6).  “Narcotic drugs” are extensively defined in A.R.S. § 13-3401(20).

“Arizona has declared war on drug users—I say bring it, I’m a fighter!” Lisa Witt

It is a Class 6 felony to use peyote, a Class 5 felony or a Class 1 misdemeanor depending on the circumstances to use a vapor-releasing substance, a Class 4 to 6 felony for marijuana, a Class 1 misdemeanor for prescription drugs, a Class 4 felony or a Class 1 misdemeanor depending on the circumstances for dangerous drugs, and  a Class 4 felony for narcotic drugs.



A charge of drug use is still serious even if it is a first criminal offense.  Lisa is an intelligent, detail-oriented defense attorney who will thoroughly evaluate your case and determine if one or more of the following potential defense strategies apply:


  • Probation eligibility:  Determine whether you can be sentenced to probation under A.R.S. § 13-901.01.


  • Mere presence:  Merely being present around drugs does not make you guilty of drug use. 


  • Involuntary use:  You did not knowingly use the drug.


  • No drug use:  You didn’t use the drug at all.


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


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


  • Implausibility of State’s story:  The State’s story about your drug use may be implausible based on the timeline or other facts alleged.

“Arizona says 10 years minimum but not if I win at trial.”  Lisa Witt

  • Suppression of State’s evidence:  The State may have violated your constitutional rights or otherwise acted illegally in obtaining evidence of drug use 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 use drugs on that occasion.


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


  • Prosecutorial misconduct:  The prosecutor may have committed 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 drug use, it’s very important to hire a thorough, intelligent and passionate defense attorney who will fight for you as soon as possible.  Call LisaLaw, LLC or fill out the on-line form to schedule a  free case review.

Lisa Witt is a Mesa/Phoenix, Arizona drug use 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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