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Palmisano Law
2530 South Rural Road
Tempe, Arizona 85282

Drug Crimes

Drug Crimes may seem like simple cases, but they are serious charges in Maricopa County. If you find yourself charged with one of these crimes do not underestimate your need for a lawyer. Contact our office today to help maintain your freedom..

There are multiple drugs that will earn you a felony in the Phoenix Tempe area and there are some that may surprise you. While drugs are problematic nationwide, there are a few that are unique to the region. Besides the common drugs of marijuana, methamphetamine and narcotics, Arizona law also has strict guidelines on peyote, sniffing (vapors) and nitrous oxide.

Peyote is a small cactus plant native to Texas and Mexico. It was used as medicine and in rituals by the indigenous people of the area. The chemical mescaline is naturally present in the plant and is ingested to produce psychoactive results. It can be dried or eaten fresh, and is considered an endangered species in parts of South Texas due to its over cultivation.

The sale or possession of peyote is illegal in Arizona. It is a class 6 felony that may earn you up to five years in prison. However, because of its cultural significance, there are defenses to this charge. If it is being used in religious practices in a manner not impacting the public, charges may be dropped.

The possession and sale of a vapor releasing substance is another little known drug charge that can be found in Arizona. Vapor releasing substances are paints, varnishes or glues that contain a toxic substance and are inhaled or ingested to produce an altered mental state. The fumes given off by these items can include: mesityl oxide, methylene chloride, acetone, petroleum ether, ethyl alcohol volatile acetates, benzene, butyl alcohol,xylene, ethylene dichloride, isopropyl alcohol, cumene, methyl alcohol, ketone, mibk, toluene, volatile ketones, isophorone, chloroform, miak, pentachlorophenol, methyl ethyl, ethylbenzene, trichloroethylene, mek or diacetone alcohol or isobutyl nitrite.

Many of these chemicals are found in every day items, in common places like a Gilbert area nail shop, These types of commercial establishments are required to notify their customers of the potential dangers of inhaling the fumes. They are also required to keep the items out of the reach of customers. Selling the substances for the intent of inhaling or ingesting them is considered a class 5 felony, which is punishable with up to 7 years in prison.

Nitrous oxide is another common drug that can get you in trouble in Arizona. Often known as laughing gas, this chemical is frequently. used in medical procedures. Although there are no laws regulating its usage among adults, there are some concerning its usage amongst minors. It is illegal to sell or give nitrous oxide to an underage person. Nitrous oxide related offenses are misdemeanors.

Other illegal drugs in Maricopa county include marijuana, methamphetamine, and narcotics. Penalties for the possession, production, manufacturing, transfer or sale of these drugs vary between a class 6 felony and a class 2 felony, depending on the amount of drug present. A class 2 felony can serve up to 35 years in prison.

Felony drug trials are held at Maricopa County Superior Courts located in Phoenix, Surprise, and Mesa.
Misdemeanor drug charges are heard in justice courts found throughout the county in cities such as Toileson, Gilbert, Chandler, and of course, Phoenix. Some cases are also part of a special drug court program, which are held in Superior courts.

Drug charges are serious offenses that are highly dependent on evidence. Good representation can be the difference between a few years in prison or the rest of your life incarcerated. If you have been charged with a drug crime in Maricopa County contact us today. .