HAVE YOU BEEN ARRESTED FOR A NARCOTIC DRUG CRIME IN ARIZONA?
Possessing, selling, manufacturing, or transporting (trafficking) a narcotic drug is illegal in Arizona. Most narcotic drug crimes can also be federal offenses, such as trafficking. Narcotics are controlled substances because they have a high potential for addiction and harm. If you’re charged with a drug crime involving narcotics, you could face severe penalties such as a prison sentence, high fines, and a criminal record. Here is everything you should know about being charged with a narcotic drug crime in Arizona.
Narcotics Drug Crime Defined
A Narcotics drug crime violates laws prohibiting the production, distribution, use, or possession of a controlled substance or the equipment or devices utilized in their preparation or use.
Some people refer to all drugs as “narcotics.” However, “narcotic” refers to opium, opium derivatives, and their semi-synthetic substitutes. Currently, most of these drugs are referred to as “opioids” because they originated from the poppy plant and were used to dull the senses and relieve pain.
Synthetic opioids are made in a lab and include fentanyl, and methadone. Semi-synthetic opioids are contain some amount of naturally occurring opium products, such as morphine heroin, oxycodone, hydrocodone, and hydromorphone.
Opioids come in various forms, including tablets, skin patches, capsules, powder, chunks, liquid syrups, suppositories, and lollipops.
What is the legal status of Narcotics in the United States?
Narcotics are controlled substances that vary from Schedule I to Schedule V, depending on their medical usefulness, abuse potential, safety, and drug dependence profile. Controlled substances are banned by the federal government.
What actions can lead to Narcotics Drug Crime Charges?
Individuals facing drug charges in the United States may be accused of possessing, manufacturing, trafficking, distributing, or dealing drugs. The penalties vary depending on the substance and whether the arrest was under state or federal drug laws.
FEDERAL LAW THAT REGULATES NARCOTICS
The Controlled Substances Act, passed in 1970, places any substance regulated by federal law into one of five categories according to the benefits that could be derived from it, the harm it can do, and the potential for abuse. Narcotics are generally classified as Schedule I or Schedule II drugs.
Schedule I Drugs have no known medical value and are likely to be abused by those who take them. Schedule I substances include heroin, LSD, and marijuana.
Schedule II Drugs have known medical benefits but are also likely to cause addiction. Schedule II substances include morphine and cocaine.
Schedule III Drugs have known medical uses and are thought to lead to physical or mental dependence. Anabolic steroids and many habit-forming prescription drugs are Schedule III drugs.
Schedule IV Drugs have medical uses and are less likely to lead to addiction. Many prescription antidepressants and sleep ,aids, such as Xanax and Ambien, are considered Schedule IV drugs.
Schedule V Drugs provide proven medical benefits and are unlikely to cause physical or psychological addiction. Cough syrups that contain opioids, such as codeine, are often classified as Schedule V substances.
PENALTIES FOR NARCOTIC DRUG CRIMES IN ARIZONA
Narcotic drug crimes in Arizona are generally felonies. Arizona determines penalties for narcotic drug crimes based on:
- Classification of the drug
- Type of narcotic drug crime
- Amount of drugs
- History of prior arrests
Arizona Drug Classifications
ARS 13-3408 defines Narcotic drugs as:
- Heroin
- Opium
- Marijuana Concentrates
- Cocaine
- Percocet (oxycodone)
- OxyContin (oxycodone)
- Lortab (hydrocodone)
- Vicodin (hydrocodone)
- Morphine
- Fentanyl
Types of Narcotic Drug Crimes
- Possession. Arizona law (A.R.S. §13-3407) prohibits possessing, using, or selling dangerous drugs. Under Arizona law, “possession” means physically having or somehow controlling something.
- Possession with Intent to Sell. “Intent to sell” includes planning to transport, distribute or manufacture controlled substances.
Penalties for narcotic drug possession with the intent to sell in Arizona are a Class 4 felony punishable by up to 3.75 years in prison. - Distribution in Arizona is considered Trafficking of a narcotic drug.
Penalties for Trafficking in the state of Arizona is a Class 2 Felony punishable by:
• From 5 to 15 years of prison time
• Fines of up to $150,000 - Manufacturing. Law enforcement can bring Drug manufacturing charges when someone makes or attempts to make a dangerous drug.
Penalties for Manufacturing Narcotics in the state of Arizona are a Class 2 Felony punishable by:
• 1st offense= 3 to 12.5 years of prison time
• 2nd offense=4.5 to 23 years of prison time
• 3rd offense= 10.5 to 35 years of
• Fines of up to $150,000
Amount of Drugs
Surpassing the threshold amount can give law enforcement just cause to charge the individual with the intent to distribute, sell or manufacture narcotics. The threshold amount is generally measured by the weight and quantity and referred to as the “street value” of the specific drug. The standard threshold for Arizona narcotic drug possession includes:
- 9 grams of Methamphetamine
- 3/4 gram of rock cocaine
- 9 grams of powdered cocaine
- One gram of heroin
A narcotic drug crime conviction can ruin your life. You would likely experience:
- Prison sentence
- High fines
- Loss of your driver’s license
- Permanent criminal record
- Loss of Employment
- Inability to be approved for rental housing
- Loss of professional license or denial of an application for a license
- Loss of your immigration visa or work permit or denial of citizenship, and possible deportation if you’re a non-U.S. citizen
Possible Defenses Against a Narcotic Drug Crime Charge
To be convicted of a Narcotic drug crime, the prosecution must prove beyond a reasonable doubt that you:
- “Knowingly” possessed, distributed, or manufactured narcotic drugs
- Possessed, Distributed, or manufactured narcotic drugs with the intent to sell them to the public
No Knowledge: Just because law enforcement found you in an area where narcotics were present does not prove that you knew about it.
No Possession: Law enforcement must have evidence that you had ownership or physical possession of narcotic drugs. Just because they were near you does not mean the drugs were yours.
No Evidence: A defense lawyer might find flaws in the investigation by the police, inconsistencies in the police report, contradictions between the police report and the dashcam or body cam footage, or other holes in the evidence that make it inadmissible in court.
Violation of your Rights: The United States Constitution grants every criminal defendant the right against illegal search, or seizure and the right to counsel. Suppose the police did not have a warrant to search and seize property, did not give you a Miranda warning, or did not allow you to speak with a lawyer. In that case, you may be eligible to have the evidence against you suppressed, or your case dismissed.
Narcotic drug offenses are felony offenses that can be complicated. If you are charged with a narcotic drug crime in Arizona, you should invoke your right to stay silent until you can talk to an experienced Arizona drug crime defense lawyer. An attorney can advise you of your rights and discuss your legal defense options with you.
Before a trial, a lawyer might be able to get evidence of the drug suppressed. They can analyze the facts and circumstances of your case and identify any viable defenses you might have. A good drug crime defense lawyer will handle all negotiations and represent you in court. Get the best possible outcome in your case by having an experienced Arizona drug crime defense attorney represent you.