Arizona Drug Trafficking Charges

Drug trafficking in Arizona is defined under Arizona Revised Statutes (ARS) §§ 13-3405, 13-3407, and 13-3408, which outline the criminal offenses related to the production, transportation, sale, and distribution of illegal drugs. The severity of drug trafficking charges depends on the type and amount of the drug involved, as well as other factors such as intent to sell and prior criminal history.

ARS § 13-3405: Marijuana Trafficking

Under this statute, the sale, transportation, or production of marijuana is illegal in Arizona, especially when the amount exceeds the “threshold amount” of two pounds. Trafficking marijuana is treated as a serious felony, with penalties depending on the amount transported and whether the offense involves intent to sell or distribute.

ARS § 13-3407: Dangerous Drugs

This statute governs trafficking offenses involving “dangerous drugs,” which include substances such as methamphetamine, LSD, and amphetamine. Possessing, manufacturing, transporting, or selling dangerous drugs in any form is illegal. Depending on the quantity of drugs involved, charges can range from a Class 2 felony (the most severe) to lesser felony charges, but all carry significant penalties.

ARS § 13-3408: Narcotic Drugs

Arizona law defines “narcotic drugs” as including substances such as heroin, cocaine, and fentanyl. Trafficking in narcotic drugs includes any act of possessing for sale, transporting, importing, or distributing these substances. Depending on the type and amount of the narcotic involved, trafficking charges can also result in a Class 2 felony, which may lead to long prison sentences, especially when large quantities or cross-border transport are involved.

Arizona’s drug trafficking laws are particularly strict, and exceeding certain “threshold amounts” will often result in trafficking charges, even if there was no direct evidence of intent to sell. The penalties for these charges vary but frequently involve substantial prison sentences, heavy fines, and a permanent criminal record.

In Arizona, drug trafficking charges are largely determined by whether the amount of the drug in possession meets or exceeds the “threshold amount” as defined in ARS § 13-3401 ( 36 )

This threshold plays a role in distinguishing between personal drug possession and drug trafficking. If law enforcement finds an individual with an amount that meets or exceeds the threshold, the law assumes intent to distribute, leading to far more serious charges and penalties.

Here are the threshold amounts for various drugs that could lead to trafficking charges:

• Heroin: One gram
• Cocaine: Nine grams
• Cocaine base or hydrolyzed cocaine: 750 milligrams
• PCP (Phencyclidine): Four grams or 50 milliliters
• Methamphetamine: Nine grams
• Amphetamine: Nine grams
• LSD (Lysergic acid diethylamide): 0.5 milliliters or 50 dosage units in blotter form
• Marijuana: Two pounds
• Fentanyl or Fentanyl mimetic substances: Nine grams

For any combination of the above-listed drugs, the combined threshold is determined by the amount that would exceed the threshold for any single substance. For substances not specifically listed, the threshold is set at a market value of $1,000 or more.

The penalties for drug trafficking charges in Phoenix depend on the type of drug involved, the amount, and whether the case involves intent to sell, transportation, or production. Arizona’s drug trafficking laws are outlined in ARS §§ 13-3405, 13-3407, and 13-3408, which address the trafficking of marijuana, dangerous drugs, and narcotic drugs, respectively.

Marijuana Trafficking Penalties (ARS § 13-3405)

If convicted of marijuana trafficking, the penalties can vary significantly depending on the amount involved:

• Less than two pounds: Typically a Class 3 felony, punishable by up to 8.75 years in prison.
• Two to four pounds: Considered a Class 2 felony, which carries a potential prison sentence of 5 to 12.5 years.
• More than four pounds: Also a Class 2 felony, but the severity of the sentence increases with the quantity, often leading to the maximum prison time within the range.

Dangerous Drugs Trafficking Penalties (ARS § 13-3407)

Trafficking in dangerous drugs, such as methamphetamine or LSD, comes with severe consequences:

• Class 2 felony: Trafficking dangerous drugs is considered a Class 2 felony in Arizona. Conviction can result in a prison sentence ranging from 5 to 12.5 years for first-time offenders, with increased penalties for repeat offenders.
• If the case involves large quantities, such as amounts exceeding the threshold for methamphetamine (9 grams), the penalties escalate, with the possibility of longer prison sentences.

Narcotic Drugs Trafficking Penalties (ARS § 13-3408)

The trafficking of narcotic drugs, including heroin and cocaine, is one of the most heavily penalized offenses in Arizona:

• Class 2 felony: Trafficking narcotics is also a Class 2 felony. A conviction can lead to a prison term of 5 to 12.5 years, with the possibility of enhanced sentences based on prior convictions or if the case involves significant quantities of narcotics.
• If the trafficking involves crossing state or international borders, the penalties are even more severe, potentially leading to life in prison.

Aggravating Factors and Enhanced Penalties

Several factors can lead to enhanced penalties in drug trafficking cases, such as:

• Involvement of minors: Trafficking drugs near schools or involving minors increases the severity of the punishment.
• Cross-border trafficking: Smuggling drugs across state or international borders can result in federal charges, which may carry even harsher sentences, including life in prison.
• Prior convictions: Individuals with prior drug-related convictions can face longer prison sentences, heavier fines, and limited chances for probation or early release.

The consequences of a drug trafficking conviction are life-changing, often leading to lengthy prison terms, substantial fines, and the possibility of forfeiture of assets associated with the drug trade. Defending against these charges requires the expertise of an experienced criminal defense attorney who understands Arizona’s drug laws and can challenge the evidence and procedures used against you.

In drug trafficking cases, the defense strategy often centers on disproving the prosecution’s key elements. The prosecution must prove that you knowingly possessed, transported, or intended to sell illegal drugs. A skilled defense attorney can challenge these points to weaken the case against you.

Lack of Knowledge

To convict for drug trafficking, the prosecution must show that you knowingly possessed or transported the drugs. If your attorney can demonstrate that you were unaware of the drugs, for example, if someone else placed them in your vehicle or belongings without your knowledge, this could lead to the dismissal of the charges.

Illegal Search and Seizure

If law enforcement conducted a search without a valid warrant or probable cause, any evidence obtained may be inadmissible in court. Without this crucial evidence, such as the drugs themselves, the prosecution’s case may falter, potentially resulting in dropped charges.

Lack of Intent to Sell

Arizona’s drug trafficking laws require proof of intent to sell, particularly when dealing with large amounts. If the quantity of drugs is below the “threshold amount,” your attorney may argue that they were for personal use rather than trafficking. Even if the amount exceeds the threshold, the absence of other evidence, like scales or large sums of money, may support a defense that no intent to sell existed.

Chain of Custody Issues

Any break in the “chain of custody” — the proper handling of the drugs from seizure to court — can cast doubt on the integrity of the evidence. If your attorney can show that the drugs were mishandled or compromised, this can weaken the prosecution’s case and may result in dropped charges.

These defenses aim to challenge the prosecution’s evidence and protect your rights. At Guardian Law, Christian Lueders has the experience needed to build a strong defense against drug trafficking charges.

If you’re facing drug trafficking charges in Arizona, it’s important to have a defense lawyer who understands the stakes. Christian Lueders of Guardian Law brings years of experience as both a prosecutor and a defense attorney to your case. His knowledge of how drug crimes are prosecuted in Arizona could make all the difference in your defense. Contact Guardian Law for a free consultation today to start building your defense strategy.