Drug Sales and Distribution Charges

Controlled substances are drugs or chemicals that are regulated by the government due to their potential for abuse, addiction, or harm. In Arizona, substances are categorized based on their medical use and potential for dependency, and they are classified into five schedules under the Arizona Revised Statutes (ARS) § 36-2512 through § 36-2516. The higher the potential for abuse and the lower the accepted medical use, the stricter the regulation.

Here’s how they are classified:

• Schedule I: These substances are considered to have no accepted medical use and a high potential for abuse. Examples include heroin, LSD, and ecstasy. These drugs are illegal to possess, sell, or distribute under ARS § 13-3407 and ARS § 13-3408.

• Schedule II: These drugs have some medical use but also carry a high potential for abuse. Examples include methamphetamine, cocaine, and prescription medications like oxycodone and fentanyl. While these drugs can be prescribed for legitimate medical reasons, their illegal possession or distribution is severely punished.

• Schedule III, IV, and V: These substances have lower potential for abuse compared to Schedule I and II drugs, but they are still regulated. Examples include anabolic steroids (Schedule III), certain sedatives like Xanax (Schedule IV), and medications with small amounts of codeine (Schedule V). Distribution of these substances without a prescription can still lead to criminal charges.

Possessing, distributing, or selling controlled substances in any of these schedules without proper authorization is illegal in Arizona. The type and amount of the controlled substance involved will determine the specific charge and penalties under ARS § 13-3407 for dangerous drugs and ARS § 13-3408 for narcotics.

Under Arizona law, drug sales refers to the act of selling or offering to sell controlled substances. This can be as simple as an exchange of drugs for money, but it also extends to any form of compensation, whether it’s goods, services, or favors. Even if no money changes hands, the act of giving drugs to another person can still be considered a sale if it involves a form of compensation.

Drug distribution, on the other hand, involves the transfer or delivery of controlled substances from one person to another. Unlike sales, distribution does not necessarily require compensation or a formal transaction. For example, giving a controlled substance to a friend or distributing it to multiple individuals for use at a party would qualify as distribution under ARS § 13-3407 and ARS § 13-3408. Importantly, even the intent to distribute—without the actual act of transferring the drugs—can lead to charges.

In Arizona, the distinction between drugs for personal use and drugs intended for sale depends on several factors, primarily the quantity of drugs and evidence suggesting an intent to sell. Under ARS § 13-3407 (dangerous drugs) and ARS § 13-3408 (narcotic drugs), possessing small amounts of a controlled substance may lead to a personal use charge, while larger quantities can suggest intent to distribute.

Key indicators of intent to sell include:

• Drug Quantity: Large amounts of a controlled substance can indicate sale, while smaller amounts suggest personal use.
• Paraphernalia: Items like scales, baggies, or large sums of cash often signal drug sales.
• Communications: Text messages, calls, or witness statements indicating drug transactions support distribution charges.
• Packaging: Drugs divided into smaller portions for sale, rather than in a single container, also suggest intent to distribute.

The penalties for possession with intent to sell are significantly harsher, including lengthy prison sentences and high fines, compared to personal use charges.

In Arizona, drug distribution and drug trafficking are different criminal charges, though they both involve the illegal transfer of controlled substances. The key differences lie in the scale of the operation, the amount of drugs involved, and the geographical scope of the crime.

1. Drug Distribution

Drug distribution, governed by ARS § 13-3407 and ARS § 13-3408, involves the sale or transfer of controlled substances on a smaller, more localized scale. Distribution charges typically apply to individuals who sell or give drugs to others within a specific area, often without crossing state lines. The amount of drugs involved in distribution cases is usually smaller, and the penalties, while serious, are generally less severe than trafficking.

2. Drug Trafficking

Drug trafficking, however, usually involves larger quantities of drugs and spans a broader geographical area. Trafficking may include the movement of drugs across state or international borders, making it a more serious offense often prosecuted at both the state and federal levels. Trafficking typically carries harsher penalties, including mandatory minimum prison sentences, due to the larger scale and intent behind the crime.

In Arizona, drug distribution charges are governed by ARS § 13-3407 (dangerous drugs) and ARS § 13-3408 (narcotic drugs). The penalties for these offenses are severe and depend on factors such as the type and amount of drugs involved, as well as prior criminal convictions. Below are the specific penalties outlined by Arizona law:

1. Penalties Under ARS § 13-3407 (Dangerous Drugs)

For dangerous drugs like methamphetamine, cocaine, and other similar substances, Arizona law imposes the following penalties:

• Class 2 Felony: If you knowingly possess, manufacture, or distribute a dangerous drug, this is typically charged as a Class 2 felony. This can result in:
• 3 to 12.5 years in prison for a first offense.
• 9 to 25 years if you have prior felony convictions.
• Class 3 Felony: In some cases, the offense may be classified as a Class 3 felony, depending on the circumstances, leading to:
• 2 to 8.75 years in prison for a first offense.
• 7 to 16.25 years with prior convictions.

2. Penalties Under ARS § 13-3408 (Narcotic Drugs)

For narcotic drugs such as heroin, cocaine, and fentanyl, ARS § 13-3408 imposes equally harsh penalties:

• Class 2 Felony: The sale, possession for sale, manufacture, or transportation of narcotic drugs is generally classified as a Class 2 felony, carrying:
• 4 to 10 years in prison for a first offense.
• 10 to 20 years with prior convictions.
• Class 3 Felony: In certain cases, the offense may be downgraded to a Class 3 felony, which carries:
• 2.5 to 8.75 years in prison for a first offense.
• 7 to 16.25 years with prior convictions.

3. Enhanced Penalties

Certain circumstances can lead to enhanced penalties under both ARS § 13-3407 and ARS § 13-3408:

• Near Schools: Distributing drugs near schools or involving minors in the sale can result in additional time.
• Repeat Offenders: Prior drug convictions significantly increase the mandatory minimum sentences, and enhanced sentencing ranges apply.

4. Additional Penalties

In addition to prison sentences, those convicted of drug distribution may face:

• Fines: Fines of up to $150,000 per violation.
• Probation and Drug Treatment: In some cases, the court may impose mandatory probation and drug treatment programs, especially for first-time offenders or less severe cases.

Drug distribution charges in Arizona carry life-altering penalties. If convicted, individuals face long-term imprisonment, heavy fines, and collateral consequences that affect employment, housing, and civil rights.

When you’re charged with drug distribution in Arizona, the prosecution must prove several elements beyond a reasonable doubt, such as your intent to sell or distribute. A successful legal defense aims to disprove these elements to reduce or dismiss the charges.

Below are common defenses that can be used when you’re charged with drug possession or distribution.

1. No Intent to Distribute

A key element of being charged with drug distribution is proving intent to sell. If the quantity of drugs found was small and there was no paraphernalia (such as scales or baggies) indicating sales activity, it could be argued that the drugs were for personal use. 

2. Lack of Knowledge

To convict you of a drug distribution charge, the prosecution must prove you knowingly possessed and intended to distribute the drugs. If you were unaware of the presence of illegal drugs, or they were placed in your possession by someone else, you can argue lack of knowledge. 

3. Entrapment

Entrapment occurs when law enforcement coerces someone into committing a drug crime they would not have committed otherwise. If you were pressured by law enforcement into distributing or trafficking drugs, this defense can disprove the element of voluntary intent. This is often used in cases where undercover officers are involved in staging a drug transaction, especially when no prior criminal record exists.

4. Insufficient Evidence of Distribution

For a conviction on drug distribution charges, the prosecution must present solid evidence that you were involved in selling or distributing illegal drugs. A defense attorney may argue that there is insufficient evidence of intent, such as:

• No witnesses or communications suggesting you were distributing.
• A lack of drug paraphernalia linked to sales.
• No evidence of transactions involving illegal or prescription drugs.

If evidence is weak, the severity of the drug charge can be significantly reduced, possibly avoiding a drug distribution conviction altogether.

5. Unlawful Search and Seizure

The Fourth Amendment protects against unlawful searches and seizures. If drugs were found as a result of an illegal search—without a valid warrant or probable cause—the evidence may be thrown out. Without the drugs as evidence, the prosecution’s case can fall apart, leading to a dismissal of the charges. This defense is often employed in drug crime cases where law enforcement overstepped legal boundaries during a search.

If you’ve been charged with drug possession or distribution, having knowledgeable legal representation is important. At Guardian Law, Christian Lueders has years of experience as both a former prosecutor and a criminal defense attorney. He is well-versed in Arizona’s drug laws, including ARS § 13-3407 and ARS § 13-3408, and uses that understanding to build strong defenses for his clients. Christian has successfully defended numerous clients in drug-related cases, such as possession, distribution, and trafficking.

If you are facing a drug charge, Guardian Law is here to help. We offer free consultations to review your case and discuss potential defense strategies.