Arizona criminal charge
Possession and sale of peyote in Arizona
Possession and sale of peyote is a Class 6 Felony under Arizona criminal law, defined by A.R.S. § 13-3402. As a Class 6 Felony, it is punishable within the statutory sentencing range Arizona sets for that offense class. Arizona sorts criminal offenses into class 1 through class 6 felonies, class 1 through class 3 misdemeanors, and petty offenses (A.R.S. § 13-601). A first felony offense carries a presumptive term with mitigated and aggravated departures under A.R.S. § 13-702; prior convictions (§ 13-703) and dangerous offenses (§ 13-704) change the range. Misdemeanor maximums are set by A.R.S. § 13-707 and fines by §§ 13-801 and 13-802.
Defined by A.R.S. § 13-3402.
What is the penalty for possession and sale of peyote in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 18 months (presumptive 1 year; mitigated .33 years / aggravated 2 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges; a class 6 felony may be designated a class 1 misdemeanor under 13-604) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
Applies to first felony offense, non-dangerous; presumptive term 1 year.
Common questions about possession and sale of peyote in Arizona
Is possession and sale of peyote a felony or a misdemeanor in Arizona?
What are the penalties for possession and sale of peyote in Arizona?
Which Arizona statute covers possession and sale of peyote?
Possession and sale of peyote is governed by A.R.S. § 13-3402 (Possession and sale of peyote; 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.