By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 23, 2024
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In Arizona, the battle against the opioid crisis is reflected by the stringent laws in the state. Arizona laws treat opioids as Schedule I and II controlled substances. This indicates the drug’s high risk for drug abuse and lack of accepted medical use.
This article provides a comprehensive overview of the legal landscape in Arizona that governs heroin, fentanyl, and other opioids. It details the state’s drug laws, penalties, and the effort of the state to curb the opioid crisis.
Arizona is facing an opioid crisis, with the state recording the highest number of opioid-related deaths in the past decade. Between June 2017 and June 2018, the state recorded 812 deaths from suspected opioid overdose, while 5,202 suffered from drug overdose. The state saw this issue in every county and zip code, highlighting the crime's pervasive nature.
The common sources of opioid abuse are misuse, wrong prescription, or overprescription. For instance, in a county with a population of 200,000, four doctors prescribed more than six million opioids in one year.
In response to this crisis, Arizona implemented several measures. In June 2017, Governor Ducey announced a statewide emergency. He provided a mandate to report in real-time opioid overdoses in the state.
The Arizona Department of Health Services (ADHS) developed an Opioid Action Plan that focuses on preventing the abuse of opioid prescriptions. The plan also expanded the access to treatment and distribution of naloxone, a drug that reverses opioid overdose.
Arizona's Revised Statutes provide details about Arizona’s drug schedule. It ranges from Schedule I to Schedule V, and the laws sort it based on the possible risk of drug abuse and the dangers posed by the drug.
In Arizona, heroin, fentanyl, and other opioids fall under the following drug schedule:
Schedule I
Schedule II
In general, state laws prohibit unlawful possession and trafficking of dangerous drugs. The penalties for simple possession of illegal drugs often come with less severe penalties than those for sales or drug trafficking.
Description of the Offense |
Class of Felony |
Prison Sentence |
Additional Notes |
|---|---|---|---|
Possession or use of dangerous drugs |
Class 4 felony |
1.5 years to 3.75 years |
Arizona may reduce the prison sentence from Class 4 felony to Class 1 misdemeanor after the person completes the probation sentence and if the offense does not involve amphetamine, methamphetamine, phencyclidine, or LSD and the person does not have a prior criminal history. |
Possession of dangerous drugs intended for sale |
Class 2 felony |
3 years to 12.5 years |
A person cannot file for probation if the drug quantity is equal to or more than that statutory threshold. |
For offenses involving methamphetamine, the laws classify it under Class 2 felony. For a first offense, the minimum jail time is 5 years and a maximum of 15 years. For repeat offenders or those with previous criminal history related to possession or sale of methamphetamine, the prison sentence ranges from 10 years to 20 years.
Note that a person convicted of criminal charges involving methamphetamine has to serve the sentence that the court provided before they can file for suspension of sentence, probation, pardon, or release from confinement.
Arizona laws may also provide some flexibility in sentencing these drug offenses for first-time offenders or those charged with simple possession without intent to distribute. Sometimes, the court may reduce the Class 4 felony to a Class 1 misdemeanor for the first offense.
If you or someone you know is facing drug charges in Arizona, it's helpful to understand the implications that these charges carry. Consulting a criminal defense lawyer is a good idea. They can provide necessary guidance in navigating law enforcement, prior convictions, and the complexities of Arizona drug laws.
Criminal defense attorneys specializing in drug crimes can also help you understand the criminal charges and the best course of legal action that you can take to protect your rights. Whether you are in Tempe or Scottsdale, a criminal defense attorney is a powerful ally.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions. Many Arizona attorneys offer free consultations for Drug Crime.
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