Penalties for Drug Trafficking Fentanyl in Arizona

Under Arizona law, fentanyl trafficking is prosecuted under ARS § 13-3407 and ARS § 13-3408. These statutes make it illegal to knowingly possess with intent to distribute, sell, transport, or manufacture fentanyl. The law applies whether the fentanyl is in powder form or as counterfeit pills — often called fentanyl pills or “M30s.”

A fentanyl trafficking offense can involve:

• Possession of fentanyl for sale (possession with intent)
• Transporting fentanyl for sale (drug distribution)
• Manufacturing fentanyl, including using pill presses
• Smuggling fentanyl into Arizona from another state or country

Even if no actual sale occurred, the presence of large quantities, packaging materials, scales, or text messages about drug sales can be used to prove intent to distribute.

In 2024, fentanyl-related arrests have surged in southern Arizona due to increased drug smuggling along the border, with many cases involving transnational criminal organizations.

Fentanyl is a synthetic opioid classified as a narcotic drug under ARS § 13-3401(20). Like heroin, fentanyl is considered a dangerous drug with a high potential for addiction and abuse.

Because of this classification, fentanyl-related drug offenses carry the same penalties as other high-level narcotics, and in many cases, they’re treated even more harshly because of the overdose epidemic.

Key points about fentanyl under Arizona Revised statutes:

• Fentanyl-related drug crimes are almost always class 2 felony charges.
• Prosecutors do not have to prove you knew the drug was fentanyl — only that you knowingly possessed or transported it.
• Distribution or trafficking charges often result in sentences far above those for simple fentanyl possession.

Arizona uses a “threshold amount” system under ARS § 13-3401(36) to determine when severe penalties and mandatory prison apply.

For fentanyl, the threshold is 9 grams or more of fentanyl — pure or mixed — or an equivalent weight in pill form. In many cases, 90 counterfeit pills (weighing roughly 0.1 grams each) is enough to cross this threshold.

If you are caught with grams or more of fentanyl over the threshold:

• You are not eligible for probation.
• The court must impose a prison sentence.
• Even a first-time offender faces five years in prison or more.

A class 2 felony fentanyl trafficking conviction can result in a wide range of sentences depending on the circumstances.

Example: In 2023, a Phoenix man pleaded guilty in federal court to trafficking over 400 grams of fentanyl and was sentenced to 40 years in prison after prosecutors linked him to organized crime drug enforcement task operations.

Example 1: A driver in Tucson is stopped for speeding. Local law enforcement finds 120 fentanyl pills hidden in the trunk. This is over the threshold, and the defendant — with no prior criminal history — faces a prison sentence of at least five years in prison.

Example 2: A man in Mesa is caught with a pill press, pounds of methamphetamine, and 50 grams of fentanyl. The presence of both drugs, weapons, and cash leads to federal involvement by the United States Attorney and homeland security.

Example 3: A trafficker in southern Arizona is arrested after the United States Postal service intercepts a package containing large quantities of fentanyl and heroin. He faces years and up to life under both state and federal laws.

Under ARS § 13-701(D), aggravating circumstances can lead to much higher sentences for fentanyl offenses:

• Prior drug trafficking or violent crime convictions (prior criminal)
• Involvement in criminal organizations or human trafficking
• Using weapons during the offense
• Selling to minors
• Large-scale manufacturing or drug distribution networks

In aggravated cases, penalties can include life in prison, life imprisonment, or combined terms adding up to years and life in prison.

An experienced criminal defense attorney like Christian Lueders will evaluate every detail of your case. Defense options can include:

1. Unlawful Search and Seizure – If police violated your rights, evidence could be suppressed.

2. Lack of Knowledge – You must knowingly possess the drug to be convicted of an offense.

3. Challenging Weight and Testing – The lab’s measurement of the amount of fentanyl might be inaccurate.

4. No Proof of Intent to Distribute – Without evidence of drug sales, charges may be reduced to simple fentanyl possession.

5. Entrapment – If law enforcement induced the crime, charges may be dismissed.

1. Can I get probation for fentanyl trafficking?
   Only if the amount is below the threshold and you have no serious priors.
2. What if I am caught with fentanyl but it’s for personal use?
   You might face possession of fentanyl charges instead of trafficking, which can mean lighter penalties.
3. Is fentanyl trafficking a federal offense?
   Yes, large-scale distribution or trafficking cases often involve the United States Department of Justice.
4. What happens if I’m convicted of an offense involving fentanyl?
   You could face five years in prison to 40 years in prison, or even life imprisonment in extreme cases.
5. How do prior convictions affect my sentence?
   A prior criminal history increases prison time under Arizona’s sentencing guidelines.

• Fentanyl trafficking is a class 2 felony.
• Grams or more of fentanyl over the threshold means mandatory prison.
• Drug enforcement agencies are heavily focused on fentanyl cases.
• Even a first-time conviction can lead to years in prison.
• Early legal help can mean the difference between probation and decades in prison

At Guardian Law Group, we understand that facing a fentanyl trafficking charge can turn your life upside down. Your freedom, career, and future are too important to risk over a misunderstanding, wrongful arrest, or a one-time mistake. If you are under investigation or have been charged with a fentanyl-related offense in Maricopa County, we can help.

Attorney Christian Lueders brings years of experience as a former felony prosecutor. He has worked directly with law enforcement agencies, drug enforcement units, and prosecutors throughout Arizona. That means we know how these cases are built — and how to challenge them.

We will explore every possible option for your case, including dismissals, reduced charges, diversion programs where available, and post-conviction relief. Most importantly, we will fight to protect your rights, your freedom, and your future.

Call Guardian Law Group today at (623) 343-4047 or contact us through our website to schedule your free consultation.