Arizona Drug Trafficking Laws

The law enforcement agencies in Arizona pay particular importance to intercepting illegal drugs. This article examines Arizona's drug trafficking laws, providing a detailed analysis of the threshold amount that suggests intent to sell, the penalties for unlawful sales, and other essential insights related to drug trafficking.

Arizona Threshold Amount for Drug Sales

Under Arizona law, a person in possession of drugs exceeding the threshold amount implies intent to distribute. In this case, the person can be convicted of drug trafficking. The court assumes the defendant possessed the drugs for sale if at or above the threshold amounts set by Arizona law:

• 1 gram of heroin
• 9 grams of cocaine
• 4 grams or 50 milliliters of PCP
• 9 grams of methamphetamine, including methamphetamine in liquid suspension
• 9 grams of amphetamine, including amphetamine in liquid suspension
• 2 pounds of marijuana

Intent to sell convictions carry serious penalties. It's important to understand Arizona's drug possession laws.

Elements to Prove Drug Trafficking Conviction

Establishing a drug trafficking charge requires the meeting of two requirements. The prosecution should prove, beyond a reasonable doubt, the following statements:

1. The defendant knowingly imported, transported, or sold dangerous drugs

There must be evidence linking you to the drugs so the laws can reasonably infer that you knew about the drug’s existence. The prosecutor must also show that you intentionally imported, transported, or intended to sell the drugs. A ‘usable quantity’ is not an element of a drug trafficking offense, but the amount of drugs will trigger the presumption of sales.

Drug trafficking charges require that the transaction crosses state borders. This often involves the importation or transportation of drugs into the state as a part of the sales transaction.

Most states use the terms drug trafficking and drug distribution interchangeably to mean the act of selling controlled substances. Arizona laws treat them as distinct terms, highlighting the intents and circumstances considered for these drug charges.

2. The substance was a narcotic drug

The prosecutor also must show that the recovered substance contains a recognized dangerous drug. Forensic scientists will test the drug. That same scientist should later testify that the recovered substance is a dangerous drug.

Penalties for Drug Trafficking

Trafficking an illegal substance in Arizona can range from a class 6 felony to a class 2 felony. If you are convicted of any crime related to importing and selling illegal drugs, you are not eligible for Arizona’s Proposition 200 diversion programs. The law enforcement officials determine your penalty depending on the type and quantity of drugs involved.

Arizona Revised Statute provides the penalties for trafficking of dangerous drugs in Arizona. The law considers the following violations as a Class 2 Felony:

• Possession of dangerous drugs for sale
• Transporting of dangerous drugs for sale
• Importing dangerous drugs for sale
• Offering to transport a dangerous drug for sale
• Offering to import a dangerous drug into the state
• Selling dangerous drugs
• Transferring dangerous drugs
• Offering to sell a dangerous drug
• Offering to transfer a dangerous drug

Standard sentencing for Class 2 Felony:

• Minimum: 4 years
• Presumptive: 5 years
• Maximum: 10 years

Sentencing when the act involves methamphetamine:

• Minimum: 5 years
• Presumptive: 10 years
• Maximum: 15 years

Sentencing for those who have prior violations involving methamphetamine:

• Minimum: 10 years
• Presumptive: 15 years
• Maximum: 20 years

Arizona code also considers other factors when providing penalties. If the offense involves methamphetamine, the person is not eligible for probation, suspension of sentence, pardon, or parole. The person must first serve the sentence imposed by the court to apply for those remedies.

The court can provide an enhanced penalty if aggravating factors are present. This includes prior criminal history, higher drug quantities, or causing significant harm to the community. The following are some of the aggravating factors that could enhance the penalties and prison term:

• Delivery to minors
• Manufacturing of methamphetamine in the presence of certain persons
• Subsequent convictions
• Commission of the crime in proximity to certain facilities
• The crime involves public officials or law enforcement officers

These charges carry additional penalties that will be added to your overall sentence. See the chart below for other penalties and sentences.

Overview of Arizona Drug Trafficking Laws

Below are key provisions of Arizona’s Drug Trafficking laws. The penalties available for a conviction on drug distribution or trafficking charges depend on the type of drug, the activity, the defendant's prior criminal record, and any applicable sentencing enhancements permitted by Arizona law.

Note: Arizona state laws are subject to change. It’s important to verify the laws you’re researching by conducting research or consulting with a qualified Arizona criminal defense attorney.

Related Articles

• Arizona Cocaine Laws
• Arizona Drug Paraphernalia Laws
• Arizona Drug Possession Laws
• Arizona Laws for Heroin, Fentanyl, and Other Opioids
• Drug Trafficking and Distribution

Seek Legal Advice From a Drug Crime Attorney

Drug trafficking offenses may come with severe penalties, fines, and prison sentences. Don't try to tackle these drug offenses alone. Criminal defense attorneys specializing in drug crimes can help you resolve your case. These lawyers can guide you through the legal steps that you have to take to protect your rights and assess the felony or misdemeanor case filed against you.

Criminal defense lawyers can also represent you in court when you're facing possible felony convictions. A drug crime attorney knows how to handle a drug trafficking case against you. FindLaw offers a directory of law offices in the state of Arizona.