Drug Sales and Distribution in Arizona: What You Need to Know About ARS 13-3407(A)(2) and ARS 13-3407(A)(7)
According to Arizona Revised Statute §13-3407, the distribution of drugs occurs if an individual knowingly sells, transfers, or offers to sell or transfer drugs within the state of Arizona. Additionally, you may also be charged with the distribution of drugs for sale in Arizona if you were traveling from one state to another and in the process, passed through Arizona, where you were pulled over or otherwise found to have an amount of drugs commensurate with legal definition of drug sales and distribution in the state of Arizona.
ARS 13-3407 further delineates that the person will be charged with the distribution of drugs if s/he imports illegal drugs or prescription medications that are not his or hers into the state of Arizona — meaning that s/he was not “passing through” Arizona, but meant to stop and distribute the drugs within the borders of the state of Arizona.
Drug Sales and Distribution Goes by Other Legal Names in Arizona — and Elsewhere
The distribution of drugs, or drug sales and distribution, is also sometimes referred to as drug trafficking. Additionally, crimes of this nature may also be known in some cases as the possession of drugs for sale, or, where appropriate, drug transportation for sale.
What Constitutes the Difference Between Drugs for Sale and Drugs for Personal Use According to Arizona State Law?
The important fact that distinguishes the charges associated with drugs for sale and drugs for personal use has everything to do with quantity — and these quantities are broken down legally so that there is no confusion about what the thresholds are according to the law.
Some examples of these thresholds for the purposes of charging the crime of drug sales and distribution in Arizona or drug trafficking include:
- Cannabis: 2 pounds or more
- Powdered cocaine: 9 grams or more
- Methamphetamine: 9 grams or more
- Heroin: 1 gram or more
- LSD: One-half a millimeter or more
The important fact that distinguishes the charges associated with drugs for sale and distribution and drugs for personal use has everything to do with quantity
But the Amount of Drugs Are Not the Only Determining Factor When it Comes to Drug Sales and Distribution Charges in Arizona
While it is certainly true that the amount of drugs play likely one of the largest roles — if not the largest role — in the determination of a drug trafficking charge in Arizona, specific facts and circumstances in each unique case can be the cause of a drug sales and distribution charge.
Indicia of drug sales can be factors aside from the volume of drugs in determining charging severity. Some examples include, but are not limited to, the answers to these three key questions:
- Were the drugs hidden, or was extra care taken to conceal them beyond the average manner in which someone might conceal drugs for personal use?
- Did the alleged drug distributor or trafficker also have a large amount of cash money or copious amounts of other valuables on hand in such a manner as to appear suspicious?
- Was there also equipment or paraphernalia on hand at the scene where the drugs were found — or in close proximity to where they were found — that could be used to do things like measure drugs, or parse drugs out into packages or baggies?
Of course, not every situation is exactly as it seems, but if the answers to all three of these questions is “yes,” even if the amount of drugs found during the arrest or “bust” does not meet the legal threshold, drug sales and distribution or trafficking charges could very likely be in consideration by the prosecution or the judge in your case.
To learn more about Arizona drug charges and legal defense visit The Law Office of Daniel Hutto PLL
About Daniel Hutto
As a former felony prosecutor for the State of Arizona, defense attorney Daniel Hutto is well versed in criminal allegations from the “other side” and use my prior knowledge in setting up an aggressive defense strategy. Whether it’s a minor misdemeanor offense or serious felony such as Murder, Aggravated Assault or Drug Sales, our attorneys have the proven knowledge and success to provide you a personalized and aggressive defense.
If you have been charged with a drug offense, contact The Law Office of Daniel Hutto. In Phoenix Arizona call (602) 671-0391.
Contact:
Law Office of Daniel Hutto
4201 North 24th St.
Phoenix, Arizona 85016
Phone: (6020 671-0391
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