Understanding Arizona Narcotic Drugs: ARS 13 3408
Facing narcotic drug charges is overwhelming. The legal system is complex and can be intimidating. Lawyer Listed is here to help. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of the Arizona state drug laws, specifically narcotic drug charges. It explains key terms and the penalties for first-time drug offenders in Arizona. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense attorney. If you are charged with a crime involving narcotic drugs, let Lawyer Listed match you with your ideal Arizona drug crimes defense lawyer as soon as possible.
What are Narcotic Drug Crimes?
ARS 13 3408 makes it illegal to possess, use, manufacture, or distribute narcotic drugs in Arizona. A narcotic drug is any substance—natural or synthetic—that falls within a specified list of controlled narcotics or is chemically or physically indistinguishable from them. This law covers a wide range of substances beyond just street drugs. Many prescription medications fall under this category when possessed without proper authorization.
The key is “knowingly” possessing a narcotic drug, which means that you are aware of your actions or the circumstances that make up the offense. It doesn’t require that you know your conduct is illegal; you just need to be conscious of what you are doing or the situation you are in.
The statute covers seven specific violations:
- Possessing or using a narcotic drug
- Possessing a narcotic drug for sale
- Possessing equipment or chemicals for manufacturing
- Manufacturing a narcotic drug
- Administering a narcotic drug to another person
- Obtaining a narcotic drug through fraud or deceit
- Transporting, importing, or selling narcotic drugs
Common Narcotic Drugs in Arizona
Arizona state drug laws classify many substances as narcotic drugs. Prescription medications become narcotic drugs when possessed without a valid prescription. The tables below provide the most common narcotic drugs in Arizona:
Street Drug
| Drug Name | Common Use / Notes |
|---|---|
| Fentanyl | Synthetic opioid |
| Heroin | Semi-synthetic opioid |
| Cocaine | Stimulant |
Prescription
| Drug Name | Common Use / Notes |
|---|---|
| Fentanyl | Used in medical treatment; also misused |
| Oxycodone | Opioid painkiller; includes OxyContin |
| Hydrocodone | Found in Vicodin; prescribed and misused |
| Morphine | Natural opioid; used medically and diverted |
| Codeine | Found in cough syrups; recreational misuse |
| Methadone | Used in treatment; also misused |
Threshold Amounts
Arizona law establishes “threshold amounts” for various drugs. Possession of more than the threshold amount increases the severity of the penalties and eliminates probation eligibility.
| Drug | Threshold Amount |
|---|---|
| Fentanyl | 9 grams |
| Heroin | 1 gram |
| Cocaine | 9 grams |
Sentencing Under Arizona DUI Laws:
The penalties for narcotic drug crimes vary based on several factors, including the type of drug, the amount involved, your actions, your criminal history, and whether you qualify for certain programs. Probation is not available (N/A) for some narcotic drug crimes, meaning that prison is mandatory. The following tables summarize the potential consequences for each type of offense:
Possession or Use of Narcotic Drugs
| Charge | Class | Prison/Jail | Probation (max) |
|---|---|---|---|
| Possession of narcotic drug | Class 4 Felony | Prison: 1 – 3.75 years | 4 years |
Manufacturing Narcotic Drugs
| Charge | Class | Prison/Jail | Probation (max) |
|---|---|---|---|
| Possession of equipment or chemicals for manufacturing narcotic drugs | Class 3 Felony | Prison: 2 – 8.75 years | 5 years |
| Manufacturing narcotic drugs | Class 2 Felony | Prison: 3 – 12.5 years | N/A |
Administering Narcotic Drugs
| Charge | Class | Prison/Jail | Probation (max) |
|---|---|---|---|
| Administer a narcotic drug to another | Class 2 Felony | Prison: 3 – 12.5 years | 7 years |
| Administer a narcotic drug to another (over threshold amount) | Class 2 Felony | Prison: 3 – 12.5 years | N/A |
Obtaining Narcotic Drugs
| Charge | Class | Prison/Jail | Probation (max) |
|---|---|---|---|
| Obtaining narcotic drugs by fraud | Class 3 Felony | Prison: 2 – 8.75 years | 5 years |
Transport for Sale, Sell, or Transfer Narcotic Drugs
| Charge | Class | Prison/Jail | Probation (max) |
|---|---|---|---|
| Possession of narcotic drugs for sale | Class 2 Felony | Prison: 3 – 12.5 years | 7 years |
| Possession of narcotic drugs for sale (over threshold amount) | Class 2 Felony | Prison: 3 – 12.5 years | N/A |
| Possession of fentanyl for sale (200 grams or more) | Class 2 Felony | Prison: 5 – 15 years | N/A |
| Transport of narcotic drugs for sale | Class 2 Felony | Prison: 3 – 12.5 years | 7 years |
| Transport of narcotic drugs for sale (over threshold amount) | Class 2 Felony | Prison: 3 – 12.5 years | N/A |
| Transport of fentanyl for sale (200 grams or more) | Class 2 Felony | Prison: 5 – 15 years | N/A |
Additional Penalties
Beyond imprisonment, you face mandatory fines for narcotic drug violations. The court must impose a fine of at least $2,000 or three times the drug’s value, whichever is greater. Judges cannot reduce or suspend these fines.
If sentenced to probation, you must complete at least 360 hours of community service working with drug treatment programs or victim services organizations.
Proposition 200 Eligibility
First-time drug offenders facing Arizona possession charges may qualify for Proposition 200 protections. This law requires probation instead of prison for first and second nonviolent possession offenses. This means if you are eligible, the court cannot sentence you to prison or jail for your first or second conviction for simple possession. Instead, you will be placed on probation and will likely have to participate in a drug treatment program.
You’re ineligible if you have prior felony convictions or previous drug sale convictions. The prosecution will review your entire criminal history to determine eligibility.
TASC Alternative Programs
TASC (Treatment Assessment Screening Center) programs offer another path to avoid conviction. These adult diversion programs can last 12 months or more and include comprehensive drug treatment components.
TASC requirements include:
- Six months of group counseling sessions
- Two self-help meetings weekly for six months
- One Saturday drug-education seminar
- Monthly office visits
- Regular drug testing
- Program fees of $2,000-$2,500
If you successfully complete the TASC program, the charges against you will be dismissed.
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition and Scope: It is illegal to knowingly possess (without a valid prescription), use, manufacture, transport, or distribute narcotic drugs. Narcotic drugs include fentanyl, heroin, cocaine and prescription drugs such as morphine and oxycodone.
- Elements of the Crime
- Knowingly: The prosecution must prove that you knew you possessed the drug
- Acts: You possess, use, manufacture, administer, obtain by fraud, or engage in the sale, transport, or distribution of narcotic drugs or related manufacturing equipment or chemicals.
- Narcotic Drug: A narcotic drug is any substance — natural or synthetic — that falls within a specified list of controlled narcotics or is chemically or physically indistinguishable from them.
- Sentencing:
- Possession of narcotic drugs for sale
- Class 2 Felony
- Prison: 3 – 12.5 years
- Selling fentanyl (200+ grams) increases the prison range to 5 – 15 years
- Possession of equipment or chemicals for manufacturing narcotic drugs
- Class 3 Felony
- Prison: 2 – 8.75 years
- Manufacturing narcotic drugs
- Class 2 Felony
- Prison: 3 – 12.5 years
- Administering a narcotic drug to another person
- Class 2 Felony
- Prison: 3 – 12.5 years
- Transporting narcotic drugs for sale
- Class 2 Felony
- Prison: 3 – 12.5 years
- Selling fentanyl (200+ grams) increase prison range to 5 – 15 years
- Obtaining narcotic drugs by fraud
- Class 3 Felony
- Prison: 2 – 8.75 years
- Possession of narcotic drugs
- Class 4 Felony
- Prison: 1 – 3.75 years
- Possession of narcotic drugs for sale
Next Steps:
Crimes involving narcotic drugs in Arizona carry serious consequences. The charges and the resulting sentence depend on many factors. Lawyer Listed helps you understand the law and your rights to effectively get through this difficult situation.
If you’re facing narcotic drug charges, under ARS 28 3408, engaging a skilled Arizona drug crimes attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; let Lawyer Listed match you with an experienced criminal defense lawyer right away.