Dangerous Drug Crimes: A.R.S. 13-3407
In Arizona, dangerous drug offenses are classified as felonies. Drugs labeled as “dangerous” by Arizona law include PCP, methamphetamine, anabolic steroids, acid, LSD, ecstasy, mushrooms, and amphetamines. A full listing of all dangerous drugs can be found in A.R.S. 13-3401.
Per A.R.S. 13-3407, the possession, use, administration, sale, manufacture, and transportation of dangerous drugs are all felony crimes.
Felony Class by Dangerous Drug Crime
- Possession or use of a dangerous drug – Class 4 Felony
- If the offender is a first-time offender, and the offense did not involve lysergic acid diethylamide, methamphetamine, amphetamine, or phencyclidine, the court may choose to convict instead for a class 1 misdemeanor.
- Possession of a dangerous drug for sale – Class 2 Felony
- Possession of equipment, chemicals, or both, for the purpose of manufacturing a dangerous drug – Class 3 Felony
- If the offense involved methamphetamine, the offense is a class 2 felony.
- Manufacturing a dangerous drug – Class 2 Felony
- Administering a dangerous drug to another person – Class 2 Felony
- Obtaining or procuring the administration of a dangerous drug by fraud, deceit, misrepresentation, or subterfuge – Class 3 Felony
- Transporting for sale, importing into Arizona, offering to transport for sale, offering to import into Arizona, selling, transferring, or offering to sell or transport a dangerous drug (Trafficking) – Class 2 Felony
Prison Ranges for Dangerous Drug Crimes
First-time offenders may be incarcerated for up to the following lengths of time:
Class 1 Misdemeanor – Up to six months
Class 4 Felony – Up to 3.75 years
Class 3 Felony – Up to 8.75 years
Class 2 Felony – Up to 12.5 years
Additional Considerations and Penalties
Dangerous drug crimes can have additional considerations when it comes to prison lengths and penalties.
If the aggregate amount of dangerous drugs involved in one, or all, of the offenses that are consolidated for trail equals or exceeds the statutory threshold for the drugs involved, the offender will not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to law, or the sentence is commuted. These thresholds include:
Methamphetamine – 9 grams
Amphetamine – 9 grams
Lysergic Acid Diethylamide – 0.5 milliliters
PCP – 4 grams or 50 milliliters
If the crime was a violation of either 2, 3, 4, or 7, as listed above, and methamphetamine was involved, a first-time offender can be incarcerated for up to 15 years. For a second or subsequent conviction can result in incarceration of up to 20 years.
If the offender administered a dangerous drug to a person under 18 years old, without their consent, and the drug involved was flunitrazepam, gamma hydroxy butrate, or ketamine hydrochloride, they will not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to law, or the sentence is commuted.
Additionally, the court will order an offender to pay a fine of at least $1000 or three times the value of the dangerous drugs involved, whichever is greater.
If you are facing dangerous drug charges of any kind, call the experienced defense attorneys at Rideout Law Group today.
RIDEOUT LAW GROUP
With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.
Our goal is for the best outcome for your criminal case, which can include:
- charges that are reduced or dropped.
- top experts reviewing your case.
- aggressive negotiations with the prosecution for plea bargains.
- fines or probation in lieu of jail time.
At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.
Call us today for a free consultation at 480-584-3328.