Arizona is a major arrival zone for marijuana, methamphetamine, and heroin, among other drugs from Mexico into the United States and has been cited as a High Intensity Drug Trafficking area by the United States Department of Justice.

Given the high rate of drug trafficking in the state, state and federal law enforcement have taken seriously the need to curb trafficking by ramping up their investigations into drug trafficking organizations and bringing charges with severe penalties against those convicted of trafficking.

Penalties for drug trafficking in Arizona can range from a Class 6 to a Class 2 felony. If convicted, the accused could face multiple years in prison, which could later carry negative implications regarding receiving government benefits and employment.

In order to better understand drug trafficking, a description of the Arizona law, penalties, and potential defenses to a drug trafficking charge have been provided below.

If you have been accused of drug trafficking, it is best to contact an attorney who can help you both understand your case and present the best possible defenses.

What is Drug Trafficking?

Drug trafficking is the transportation, sale, or distribution of illegal drugs across the border. In Arizona, drug trafficking most often occurs between the United States and Mexico, but drug trafficking can happen between any two borders, including between states.

In Arizona, to be charged with drug trafficking, the prosecution must prove beyond a reasonable doubt that:

Arizona courts have determined that simply possessing a certain “usable quantity” is not an element of a trafficking charge. However, when a person possesses a certain quantity, the prosecution can presume that there was an intent to sell the drugs.

In order to show that the drug was in fact an illegal substance, a forensic scientist will test the drug to ensure it is what the prosecution claims it to be. The scientist may also be required to testify at a trial that the substance found was an illegal drug.

Arizona Threshold Amounts for Drug Sales

If a law enforcement officer finds a person in possession of drugs, they cannot presume that the person had the intent to sell, unless the quantity is of a certain threshold amount. There are also circumstances where the quantity and type of drug can lead police officers to believe a person has committed drug trafficking.

This applies even where the drugs were in fact intended for personal use.

Common threshold amounts as defined by Arizona law are:

• 1 gram of heroin
• 9 grams of cocaine
• 4 gramps of PCP
• 9 grams of methamphetamine
• 9 grams of amphetamine
• 2 pounds of marijuana

When drugs are found in a threshold amount, the penalties can be particularly serious, including mandatory minimums and loss of probation eligibility.

Distinguishing Drug Possession from Drug Trafficking

Drug possession charges are often confused with drug trafficking because one can be charged with both possession and trafficking. As defined by the law, a person in Arizona shall not “knowingly possess or use a dangerous drug.” The penalties for possession will depend on the type and amount of the drug in possession but can range from large fines to prison sentences.

Not all drug possession charges lead to a drug trafficking charge. However, drug trafficking charges often stem from drug possession. It is best to demonstrate through an example.

A law enforcement officer may find 2 grams of heroin in a person’s possession. This is enough to establish a drug possession charge. Because the amount of heroin exceeds the threshold amount, law enforcement may also presume this is an instance of drug trafficking.

Penalties for Drug Trafficking

Given how seriously Arizona takes drug enforcement, it is of no surprise that the penalties for drug crimes are severe, ranging from large fines, long prison sentences, and ineligibility for parole. Sentences will depend on multiple factors including the type of drug involved, where the drug was distributed, and to whom the drug was sold.

Certain drugs qualify as “dangerous” under Arizona law. To determine which drugs qualify as dangerous drugs, Arizona, A.R.S. § 13-3401 provides a list that includes heroin, methamphetamine, and PCPs.

The trafficking of dangerous drugs is among the most serious of dangerous drug offenses. Those who are found guilty of trafficking dangerous drugs will be subject to a Class 2 felony, which has a maximum sentence of 12.5 years.

Where the drug at issue is methamphetamine and the person is a first time offender, a mandatory sentencing scheme is imposed with a minimum sentence of 10 years and a maximum of 20. A person convicted of methamphetamine trafficking will also not be eligible for suspension of sentence, probation, pardon, or release from confinement on any basis unless specific exceptions apply.

A similar sentencing scheme exists for narcotic drugs, as defined by A.R.S. 13-3401. Further, if trafficking is done in a drug free school zone or distribution is made to minors, penalties will be more severe.

It should also be noted that any person convicted or importing and selling illegal drugs, will not be eligible for any diversion programs under Proposition 200 which would otherwise allow non-violent drug offenders to enter treatment programs or be placed on probation, rather than facing mandatory jail time.

Defenses to Drug Trafficking

Defenses are used in court to show that a person should not be convicted of the crime in which they are charged. Common defenses that may be effective to drug trafficking charges include showing a lack of intent, a lack of knowledge, entrapment, illegal searches, or duress.

A lack of intent defense may be effective where the drugs found were in a quantity below the threshold amount. In this situation, a person may argue that they were not intended for sale, but for personal use. Even where drugs at or above the threshold amount are found, depending on the facts, a person may be able to argue that they did not know or exercise control over the drugs in question.

Other defenses will depend on the way law enforcement officers conducted themselves. For example, if officers conducted an illegal search inconsistent with the Fourth Amendment, the evidence they collected may be excluded, making it more difficult to prove their case. Also the defense of entrapment may be applicable where a police officer predisposes a person to commit a crime.

Additionally, a defense of duress may be applicable where a person only committed the drug trafficking offense because of a reasonable fear of death or serious bodily injury.

There may be other applicable defenses, depending on the specific facts of your case. An experienced criminal law attorney in Arizona can best determine which types of defenses can be used in your situation.

Contact an Attorney for Representation

Drug trafficking charges have serious implications if convicted. If you have recently been charged with drug trafficking in Arizona, you should contact a skilled and knowledgeable criminal law attorney as soon as possible.