An Overview of Arizona's Drug Crimes

Under Arizona Revised Statutes Title 13, Chapter 34, drug-related offenses encompass a range of charges, from possession to distribution, with penalties based on the type of drug, intent, and circumstances. Here are some primary drug-related charges under Chapter 34:

Toxic Vapor-Releasing Substances (ARS 13-3403)

This charge applies to the possession and sale of vapor-releasing toxic substances, such as certain inhalants. Arizona restricts the sale of these substances to minors, with misdemeanor or felony classifications based on the severity.

Sale and Possession of Precursor Chemicals (ARS 13-3404 & 13-3404.01)

Arizona criminalizes the sale and possession of precursor chemicals used to manufacture controlled substances like methamphetamine. This offense, often classified as a felony, aims to deter illegal drug manufacturing.

Marijuana-Related Offenses (ARS 13-3405)

Despite shifts in marijuana laws, unauthorized possession, sale, or transportation of marijuana can still lead to criminal charges in Arizona. The severity of penalties depends on the amount and intent, with larger quantities and sale-related activities classified as felonies.

Prescription-Only Drugs (ARS 13-3406)

Unauthorized possession, distribution, or manufacturing of prescription-only drugs, including misbranded pharmaceuticals, is prohibited. Penalties vary, but violations are generally classified based on the specific drug and situation.

Dangerous Drugs (ARS 13-3407)

This statute covers offenses related to “dangerous drugs” like methamphetamine. Charges for possession, distribution, or manufacturing of these substances are classified as felonies, with enhanced penalties for manufacturing methamphetamine under conditions endangering minors.

Narcotic Drugs (ARS 13-3408)

Arizona law enforces strict penalties for narcotic drug offenses, including possession and distribution of drugs such as cocaine or heroin. The classification and penalties escalate based on the drug amount and intent.

Drug Offenses Involving Minors (ARS 13-3409)

Charges involving minors in drug offenses, such as using minors in drug-related activities, carry severe penalties to discourage any exposure of minors to illegal substances.

Possession of Drug Paraphernalia (ARS 13-3415)

Arizona prohibits the possession, sale, or manufacture of drug paraphernalia, classifying violations as misdemeanors or felonies based on context. Civil forfeiture is also possible under this statute.

In Arizona, drug crimes fall into different classifications depending on the type of substance involved, with “dangerous drugs” and “narcotics” each defined under separate statutes.

Dangerous drugs typically include substances like methamphetamine, LSD, and ecstasy. These drugs are classified as “dangerous” because of their high potential for abuse and significant physical or psychological effects. 

On the other hand, narcotic drugs refer to substances such as heroin, cocaine, and certain prescription opioids. These drugs are categorized separately due to their distinct chemical structures and effects, primarily as pain relievers with a high risk of dependency. 

In Arizona, the “threshold amount” of an unlawful substance refers to the quantity that can increase the severity of drug charges. When someone possesses an amount at or above this threshold, it typically indicates intent to distribute rather than personal use. 

Threshold amounts are set for specific substances under Arizona law, including:

• Heroin: 1 gram
• Cocaine: 9 grams
• Methamphetamine or Amphetamine: 9 grams (in any form)
• Marijuana: 2 pounds
• Fentanyl: 9 grams
• LSD: 0.5 milliliters or 50 blotter units

For other drugs not specifically listed, the threshold is generally a market value of at least $1,000. 

In Arizona, drug trafficking is defined as the large-scale manufacturing, transporting, or sale of illegal substances, typically in quantities exceeding personal use.

Possessing or distributing amounts above “threshold amounts” suggests intent to distribute, escalating charges to trafficking, a serious felony offense.

For example, someone found with over nine grams of methamphetamine or fentanyl may face trafficking charges, with potential prison sentences up to 15 years, high fines, and asset forfeiture.

Exemptions and exceptions in Arizona drug laws recognize specific situations where certain individuals or groups are legally permitted to possess, distribute, or use controlled substances, primarily for medical, scientific, or official purposes. 

Exemptions refer to situations where individuals are entirely free from certain drug laws due to their role or profession. For instance, under ARS §13-3412, licensed manufacturers, wholesalers, and pharmacists, as well as medical practitioners, are exempt when handling controlled substances as part of their professional duties.

Similarly, federal and state officers are exempt when dealing with controlled substances in the course of their official work.

Exceptions are specific legal carve-outs for particular scenarios. For example, terminally ill patients prescribed Schedule I substances for treatment purposes are permitted limited use under medical supervision, an exception recognized by Arizona law.

A defense attorney can use several strategies to fight drug-related charges, seeking outcomes that range from dismissal to reduced sentencing.

Common defenses include challenging the legality of searches and seizures; if evidence was obtained without proper procedures, it may be suppressed. Attorneys may also question the accuracy of drug testing, chain of custody, and whether the substance met the “threshold amount” for more serious charges.

Mitigating factors can also play a role in reducing charges. First-time offenders, for instance, may qualify for lesser penalties or alternative sentencing, especially if their offense was nonviolent and related to personal drug use. Rehabilitation efforts, employment status, and community ties are additional factors that can persuade a judge to impose a lighter sentence.

In some cases, a defense attorney can negotiate a plea deal to reduce a felony charge to a misdemeanor or obtain a reduced sentence. Plea agreements may involve completing a drug treatment program or probation in exchange for lowered penalties, which can help clients avoid the lasting impacts of a criminal record.

someone’s life. With years of experience as a Maricopa County felony prosecutor, Christian knows firsthand how these cases are handled and can anticipate how prosecutors might approach each charge.

This background allows him to create defenses that directly address the strengths and weaknesses in the state’s case.

Christian has built strong relationships with prosecutors and law enforcement, which often helps in negotiating plea deals or reduced sentences. For many clients, this means the possibility of probation, alternative sentencing, or having charges reduced to avoid long-term consequences.

With Guardian Law, clients get an advocate who genuinely cares about achieving the best possible result in challenging times.