Arizona’s geography is heart-stopping. Its northern border is home to a natural world wonder, the Grand Canyon. East of that dramatic canyon lies the Painted Desert; a living work of art. Just to south stands the Petrified Forest, where hundreds of acres of trees once grew before volcanic lava embedded the forest into sediment. West of that mummified forest and just above Arizona’s capital sits some of cinematography’s most famous red rocks. While Arizona hosts astounding geographic imagery, its geographic location is deadly.

Being located on the United States-Mexico border makes Arizona a national-level drug hub. Massive drug operations produce their drugs in Mexico and then smuggle the drugs across the 370-mile Arizona-Mexico border. Because of the immense border length and harsh desert terrain, constant surveillance is impossible and drug smugglers continuously slip by border patrol. The smuggled drugs then travel up through the sparsely populated Sonoran Desert to the cities of Tucson and Phoenix. Once there, the drugs are placed into larger rigs that will carry the drugs to all the major cities within the United States or are distributed to local criminal syndicates for immediate sale to the general population. This never-ending stream continuously pumps drugs into Arizona’s cities. As a result, drug overdose deaths in Arizona have been on the rise for the much of the last decade. Just recently, the CDC reported that in 2019 drug overdose deaths in Arizona 2019 jumped up approximately 14% higher than the previous year. To stymie this problem, Arizona law enforcement is cracking down on drug possession crime.

Drug possession arrests in Arizona have now become extremely common. Arizona police officers and border patrol are on hyper-alert for any sort of behavior that could be construed as a sign of drug possession. This results in hundreds of lawful and unlawful arrests throughout the state every year. In fact, one report detailing drug arrests in the United States, had the top 5 areas for drug arrests occurring all within areas of Arizona. Continuing this high rate of arrests, Arizona ranks third for drug arrests per 100,000 residents in the United States. To say Arizona’s drug problem is immense would be an understatement. As a result, the state’s legislature, law enforcement, and prosecutors are committed to punishing any person in possession of illegal drugs.

Statute

Arizona’s drug offense laws are located in Arizona Revised Statutes Title 13, Chapter 34, Sections 3401 – 3423. The specific drug possession laws are found in A.R.S. § 13-3402-03 and A.R.S. § 13-3405-08. Each of these drug possession statutes has two elements that the state must prove beyond a reasonable doubt. First, the state must prove that you knowingly possessed the specific drug. Second, the state must prove that the substance was in fact that specific drug. Identifying which statute applies to you is the first step in understanding your case and what punishment you may be facing.

Drug Categories

You can identify which statute applies to you by knowing what drug you are accused of possessing. Referred to as controlled dangerous substances, Arizona’s illegal drug possession laws are divided into six categories based upon the possessed drug. The categories are:

• Peyote A.R.S. § 13-3402;

• Substances that emit toxic vapors A.R.S. § 13-3403;

• Marijuana A.R.S. § 13-3405;

• Prescription drugs A.R.S. § 13-3406;

• Dangerous drugs A.R.S. § 13-3407; and

• Narcotic drugs A.R.S. § 13-3408.

While peyote, substances that emit toxic vapors, marijuana and prescription drugs are simple to separate and identify on their face, separating a dangerous drug from a narcotic is not so obvious. Without a chemistry degree, the statute’s definitions provide little value. Generally, a “narcotic drug” is a controlled substance that has been or is used medicinally but is highly addictive or has poor side effects. Popular “narcotic drugs” include fentanyl, opium, codeine, heroin, cocaine, and hydrocodone. While the term “dangerous drug” is used for the drugs that have little medicinal value. These drugs are the common synthetic or party drugs such as ecstasy, LSD, methamphetamine, and other forms of amphetamines. Knowing which category the drug you possessed falls into is highly important for understanding how the statute and penalties apply to you.

Drug Possession Penalties

The statutory penalties for drug possession depend on the drug you possessed. Each statute has its own specific penalty. The penalty depends on what drug was possessed, how much did you have, and what did you intend to do with the drug. Hypothetically, if you were to be caught illegally possessing marijuana, A.R.S. § 13-3405 could have you facing various punishments. If you were caught with less than two pounds of the drug and are able to prove that you had no intention of selling or trafficking the marijuana then the typical punishment is a class 6 felony. However, if you possessed four or more pounds of the drug, then you could be facing a class 4 felony. Penalties get severer as you possess a larger quantity of the drug. Even worse, if you possess a certain “threshold amount,” you may be presumed to be a drug dealer or trafficker.

Possession vs. Sale or Trafficking

Unbeknownst to most, you can be charged as a drug dealer or trafficker without ever making or intending to sell or traffic the drugs. Listed in A.R.S. § 13-3401 (36), every drug has a certain quantity amount—its threshold amount—that if met or exceeded, creates a presumption of sale. In layman’s terms, this means that if you possess a defined weight or monetary amount of that defined drug, then the state presumes that you intended to sell or traffic the drug rather than personally use it. This presumption means that the state no longer carries the burden of proving you intended to sell or traffic the drug in your possession. Instead, it is up to you to show that your intentions with the drug were something entirely different. This presents a tremendous problem for defendants and results in harsh consequences that are far greater than a regular drug possession charge.

If you are found in possession of drugs above its threshold amount and you are unable to rebut the trafficking presumption, then you would be looking at mandatory prison time, regardless of your prior criminal history. Therefore, it is vital that you have an experienced attorney who understands the intricacies of the law and ensures your protection.

Let Us Help

Drug possession can result in a very serious felony offense that can carry a sentence of incarceration. Fighting a drug possession charge requires a team of highly experienced drug possession lawyers to ensure you receive the best result possible. Let Glendale Criminal Lawyer’s criminal lawyers and their knowledge of Arizona’s drug possession law guide you through the process. The legal battle ahead will be led by strong representation and diligence.