Arizona criminal charge
Possession and sale of a vapor-releasing substance containing a toxic substance in Arizona
Possession and sale of a vapor-releasing substance containing a toxic substance is a criminal offense under Arizona law, defined by A.R.S. § 13-3403. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-3403.
What is the penalty for possession and sale of a vapor-releasing substance containing a toxic substance in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 9 months to 24 months (Violation of § 13-3403 (default felony classification) — A person who violates any provision of this section is guilty of a class 5 felony as the default classification.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Violation of § 13-3403 (default felony classification) — A person who violates any provision of this section is guilty of a class 5 felony as the default classification.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | up to 6 months (Violation of § 13-3403 (reduced to misdemeanor at court's discretion) — The court, considering the nature and circumstances of the offense, may enter judgment of conviction for a class 1 misdemeanor instead of a felony.; definite term served outside state prison (13-707(A)(1)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $2,500 (Violation of § 13-3403 (reduced to misdemeanor at court's discretion) — The court, considering the nature and circumstances of the offense, may enter judgment of conviction for a class 1 misdemeanor instead of a felony.; 13-802(A)) | discretionary | A.R.S. § 13-707 |
Applies to first felony offense, non-dangerous; presumptive term 1.5 years.
How is possession and sale of a vapor-releasing substance containing a toxic substance classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Violation of § 13-3403 (default felony classification) | Class 5 Felony | A person who violates any provision of this section is guilty of a class 5 felony as the default classification. | A.R.S. § 13-3403G |
| Violation of § 13-3403 (reduced to misdemeanor at court's discretion) | Class 1 Misdemeanor | The court, considering the nature and circumstances of the offense, may enter judgment of conviction for a class 1 misdemeanor instead of a felony. | A.R.S. § 13-3403G |
Common questions about possession and sale of a vapor-releasing substance containing a toxic substance in Arizona
Is possession and sale of a vapor-releasing substance containing a toxic substance a felony or a misdemeanor in Arizona?
It depends on the circumstances: possession and sale of a vapor-releasing substance containing a toxic substance ranges from a Class 1 Misdemeanor to a Class 5 Felony in Arizona under A.R.S. § 13-3403.
Violation of § 13-3403 (default felony classification): Class 5 Felony (A.R.S. § 13-3403G) · Violation of § 13-3403 (reduced to misdemeanor at court's discretion): Class 1 Misdemeanor (A.R.S. § 13-3403G)
What are the penalties for possession and sale of a vapor-releasing substance containing a toxic substance in Arizona?
Penalties for possession and sale of a vapor-releasing substance containing a toxic substance in Arizona depend on how it is classified — from a Class 1 Misdemeanor up to a Class 5 Felony — with the ranges set by A.R.S. § 13-702 and A.R.S. § 13-707; the full table of ranges by variant is published on this page.
Which Arizona statute covers possession and sale of a vapor-releasing substance containing a toxic substance?
Possession and sale of a vapor-releasing substance containing a toxic substance is governed by A.R.S. § 13-3403 (Possession and sale of a vapor-releasing substance containing a toxic substance; regulation of sale; exceptions; classification).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.