Arizona drug laws are some of the toughest in the country. If you are arrested for possession of narcotics and dangerous drugs for sale, you face serious felony charges, jail time, and substantial fines. You need to understand the different classes and consequences of these felonies to prepare a proper defense.

Categories of Drugs in Arizona

The three main categories of drugs in Arizona are:

• Marijuana
• Narcotics, including cocaine, oxycodone, morphine, and heroin
• Dangerous drugs, including methamphetamine, LSD, ecstasy, clonazepam, hallucinogens, and steroids

To escalate a possession charge to a charge of intent to distribute or sell a particular drug, you must have a certain amount of the drug in your possession. This is known as the statutory threshold amount, and if the volume of the drug meets this threshold, the charges against you can increase.

Some common statutory threshold amounts pursuant to  Arizona Revised Statutes §13-3401:36 are:

• Cocaine – 9g
• Crack cocaine – 750mg
• Methamphetamine – 9g
• Heroin – 1g
• P.C.P. – 4g

In Arizona, law enforcement could charge you with felony intent to distribute if you have an amount equal to or above the statutory threshold, even if you did not intend to sell the drug.

Possession of Narcotics for Sale

If you are arrested for possessing narcotics, you could be eligible to receive probation. However, if you are caught with an amount that exceeds the statutory threshold, you may be charged with a Class 2 felony under  A.R.S. §13-3408. You could receive a reduced sentence if this is your first felony conviction, but you still face a maximum sentence of 12 ½ years in jail. A judge can also fine you no less than $2000 or three times the value of the drugs you had in your possession, whichever is greater. Under  A.R.S. §12-116, an 83% surcharge can be added to your fine.  

Possession of Dangerous Drugs for Sale

A.R.S. §13-3407 defines "dangerous drug" as an unauthorized prescription narcotic or anything other than marijuana. This category includes antidepressants, pain medication, methamphetamine, cocaine, testosterone, and steroids, among others. This statute also prohibits salts and isomers. The complete list of dangerous drugs can be found at A.R.S. §13-3405.  

It is important to note that some of the drugs in this category are legal. However, it is illegal for you to possess a drug in this category if you do not have a prescription for the drug, and the amount you were carrying exceeds the statutory threshold. 

Penalties for Possessing Dangerous Drugs for Sale

The sanction for possessing dangerous drugs for sale depends on the type of drug involved, the amount you possessed, and the specific crime you were arrested for. Manufacturing dangerous drugs, possessing substances for the purpose of selling them, or administering these drugs are all considered class 2 felony crimes. If you are caught with a drug in the dangerous drug class, and the amount you were carrying exceeds that particular substance's statutory threshold amount, you face a maximum jail sentence of 12 ½ years if the conviction is your first felony. A judge can also fine you no less than $1,000 or three times the value of the drugs you were carrying. Again, the court can add an 83% surcharge. In Arizona, 10% of this surcharge goes to a clean elections funds.

Fines are Constitutional in Arizona Criminal Drug Cases

Arizona law prohibits a judge from suspending any part of drug fines. The constitutionality of these finds has been challenged on the grounds that they are excessive and constitute cruel and unusual punishment. Arizona courts have rejected that argument, and judges may impose fines up to the statutory maximum. Under  A.R.S.§13-801, the maximum fine for a felony is $150,000.

In one Arizona case, the appeals court considered a conviction for possession of narcotics and dangerous drugs for sale under A.R.S.§§ 13-3407 and 13-3408. The Defendant argued that the fines were unconstitutional, and the trial court should have considered his ability to pay when it fined him.

In that case, the evidence at trial showed that the seized cocaine was worth approximately $10,000, and the methamphetamine was worth approximately $30,000. Under A.R.S. § 13-3407, the minimum fine for the dangerous drugs possession was $1,000 or three times the value of the drugs. Under A.R.S. § 13-3408, the minimum fine was $2000 or three times the drugs' value. The total cap on the fines was $150,000.

The judge fined the Defendant $30,000 for the sale of the narcotics and $90,000 for the sale of the dangerous drugs. The Defendant appealed and argued that the fines were excessive and constituted cruel and unusual punishment. The defendant also argued that the court should have considered his ability to pay before it levied any fines.

The appellate court disagreed and pointed to a prior case where an unemployed person was fined over $200,000 for possession of narcotics for sale. In that case, the fine was found not to be unreasonable or disproportionate to the crime. The court reasoned that a large fine was a legitimate effort to harm or curtail drug trafficking. 

The court concluded that fines do not violate either the federal or Arizona state prohibitions against cruel and unusual punishment. Based on these cases, if you are convicted of possession of narcotics or dangerous drugs for sale, you could face severe mandatory fines of up to three times the value of the drugs you were carrying. Therefore, it is essential to present evidence in your case to counter the prosecution's valuation of the drugs.  

Failure to Pay the Fines

In addition to levying fines against you for criminal drug conviction, a court in Arizona can hold you in contempt if the state can prove that you willfully failed to pay those fines. Under A.R.S.§13-801, a court can revoke your parole or probation, incarcerate you until you the fine is paid, or refer you for community service. A court in that circumstance does have the authority to modify the terms of the fine’s payment plan if you can show that you do not have the ability to pay as originally ordered. However, as stated previously, the court cannot reduce the amount of the fines.

 A Lawyer Can Help

Arizona has some of the highest fines and surcharges in the country, and a judge cannot reduce, suspend, or waive fines in a criminal drug case. Your financial situation and ability to pay any fines will not be relevant at trial. Suppose you have been charged with possession of narcotics and dangerous drugs for sale and face jail time and hefty fines. In that case, a criminal lawyer can defend both the charges against you and the state's estimation of the value of the drugs.