Drug Crimes In Gilbert, Arizona

Everything You Need To Know

Deaths resulting from drug overdose and chronic drug use that caused medical conditions are considered drug-induced deaths. A drug includes illicit or street drugs (e.g., heroin or cocaine), legal prescription drugs, and over-the-counter drugs. Eliminating drug-induced deaths and stemming the flow of illegal drugs over the Arizona border is a priority for state and federal law enforcement agencies.

Three Types of Drug Crimes

Drug Possession

Arizona law (A.R.S. §13-3407) prohibits the possession, use, or sale of dangerous drugs. It also prohibits the possession of chemicals and supplies used to create or manufacture dangerous drugs or administer a dangerous drug to someone else. Arizona prohibits obtaining a dangerous

Drug Trafficking

The crime of Drug trafficking is importing, transporting, or selling dangerous drugs. In Arizona, it requires the prosecution to prove the following two statements:

1. The defendant knowingly imported, transported, or sold dangerous drugs.
2. The substance was a narcotic drug.

Drug trafficking is:

• A federal crime (the laws are decided by Congress and apply to the entire nation)
• A felony crime (requires severe penalties or prison time)
• Not the same as "drug possession."

The type, amount, or weight of the drugs in your possession may lead police to believe that you're a drug trafficker. Arizona law says that if you have a specified amount("threshold amount") of drugs in your possession, there is a presumption the drugs were for sale or distribution.

Drug Manufacturing

In Arizona, the cultivation and manufacture of drugs have a more severe penalty than possession or sale of a drug. The penalty for drug cultivation and manufacturing varies depending on the cultivated or manufactured type. Cultivating or manufacturing drugs such as narcotics and other dangerous drugs are Class 2 felonies. Finally, the manufacture of prescription-only drugs without an appropriate license is a Class 1 misdemeanor. The manufacture of misbranded drugs is a Class 4 felony.

Arizona classifies drugs into three basic types:

1. Dangerous drugs

L.S.D. and methamphetamine are classified as "dangerous drugs" instead of narcotic drugs in Arizona. "Dangerous drug" means the following by whatever official, common, usual, chemical, or trade name designated: (a) Any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances and their salts, isomers, whether optical, positional, or geometric, and salts of isomers, unless specifically excepted.

2. Narcotic drugs

Natural and synthetic drugs and substances emitting toxic vapors, such as opium, heroin, A.R.S. 13-3401(20) claims over 100 controlled substances classified as "narcotic drugs." including:

• Cocaine
• Codeine
• Oxycodone
• Heroin
• Fentanyl

3. Prescription Drugs

Federal law requires a prescription to buy certain drugs. These drugs are Controlled Substances that are classified into five schedules based on their medical use for treatment in the United States and relative abuse and dependence potential. A valid prescription requires that a doctor physically examine the patient in person, review medical history, and determine the need for that particular type of drug. Websites that promise "online prescriptions" and deliver medication based on those (invalid) prescriptions violate the law because a doctor must physically examine the patient in person. Under federal law, a valid prescription must contain certain information on its package.

Marijuana

The state permits the use of medical marijuana. However, distributing marijuana (cannabis)for non-medical use is a drug crime. Arizona has a zero-tolerance for driving under the influence of drugs like cannabis, cannabis metabolites, and other controlled substances. (Arizona Revised Statutes, Section 28-1381)

Penalty for First Offense:
Minimum of 1 to 10 days in jail
Driver's license suspension up to 90 days
Mandatory drug screening, education, counseling, or treatment
Fines, fees
Probation or Community Service
Penalties are more severe with 2nd and 3rd+ Offenses.

Penalties for Drug Crimes

Penalties for drug charges in Arizona are determined by type and classification of the drug, the quantity of the drugs involved, and whether it was the first offense versus repeat offense, single versus multiple offenses, and whether they include mitigated or aggravated circumstances. A.R.S.13-3419 (A)(1),(2)

Penalties for Possession

To possess a dangerous drug or narcotic is a Class 4 felony punishable by up to 3.75 years in prison. (A.R.S. 13-3407) (A.R.S. 13-3408)
Marijuana
The sentencing range for controlled substance possession penalties is listed in Chapter 7 of Title 13 of the Arizona Revised Statutes. Arizona Marijuana Laws A.R.S. 13-3405

Penalties for Drug Trafficking

Penalties for drug trafficking depend on the kind of drug and the threshold amount. All states forbid the manufacture, distribution, or possession of controlled substances. In Arizona, possessing one gram of heroin or more, 9 grams or more of cocaine, or 2 pounds of marijuana or more is assumed to be used for distribution and contains prison sentences and fines for controlled substances.

Trafficking illegal drugs in Arizona is a class 6 felony to a class 2, which has a higher penalty. Additional penalties can be added if the deal took place in a drug-free/school zone or sold to a minor. Penalties for methamphetamines are more severe than other illegal drugs in that there is no parole, probation, or sentence suspension eligibility. The prison sentences and fines increase with higher amounts of controlled substances. Under Federal statutes (more severe penalties) and Arizona law, there are severe consequences for drug trafficking, even if it is a first-time offense.

A.R.S. §13-3401.36 (Threshold Amount)
A.R.S. § 13-3405 (Sale or Transportation of Marijuana)
A.R.S. § 13-3407 (Dangerous Drug Sale, Transportation)
A.R.S. § 13-3408 (Narcotic Drugs Sale, Manufacture or Transportation)
A.R.S. § 13-3411 (Possession, Use or Sale in a Drug-Free School Zone)

Penalties for Manufacturing

Felony Classification – Manufacturing Dangerous Drugs Class 2 Felony – Manufacture of a Dangerous Drug that is NOT Methamphetamine. Class 2 Felony – Manufacture of Methamphetamine. Class 3 Felony – Possessing Equipment or Chemicals to Manufacture of a Dangerous Drug - NOT Methamphetamine. Class 2 Felony – Possessing Equipment or Chemicals to Manufacture Methamphetamine.

Felony Classification – Manufacturing Narcotic Drugs Class 2 Felony – Manufacture of a Narcotic Drug. Class 3 Felony – Possessing Equipment or Chemicals to Manufacture a Narcotic Drug. Felony Classification – Cultivation of Marijuana Class 3 Felony – Producing more than 4 pounds of marijuana. Class 4 Felony – Producing between 2 pounds and 4 pounds of marijuana. Class 5 Felony – Producing less than 2 pounds of marijuana.

Misdemeanor Classification – Manufacturing Prescription-Only Drugs Class 1 Misdemeanor – Manufacturing Prescription Drugs. Class 1 Misdemeanor – Possessing of Equipment or Chemicals to Manufacture Prescription Drugs.

Under Arizona Law, A manufacturing drug charge has different sentences depending on various factors, including the type of drug.

Dangerous Drugs A.R.S. 13 3407

Narcotic Drugs A.R.S. 13 3408

Marijuana A.R.S. 13 3405

Prescription Drugs A.R.S. 13 3406