Dangerous Drug Trafficking: A.R.S. 13-3407
Drug trafficking involves transporting to sell, or with the intent to sell, illegal drugs. Arizona takes the trafficking of dangerous drugs seriously, and sentencing can vary based on the specific details of the drugs involved.
Arizona has an extensive list of drugs defined as “dangerous,” all of which can be found in the state’s definitions statute. Dangerous drugs include amphetamines, Butylone, methamphetamines, clonazepam, certain anabolic steroids, ecstasy (MDMA), acid (LSD), and PCP.
According to A.R.S. 13-3407, individuals can be charged with a class 2 felony if they knowingly:
- Transport a dangerous drug for sale.
- Import a dangerous drug into Arizona.
- Offer to transport a dangerous drug into Arizona.
- Offer to import a dangerous drug into Arizona.
- Sell a dangerous drug.
- Transfer a dangerous drug.
- Offer to sell or transport a dangerous drug.
First-time offenders of a class 2 felony can face incarceration of up to 12.5 years. However, if the drug involved was a methamphetamine, they may be incarcerated for up to 15 years. If they have a previous conviction, they may be incarcerated for up to 20 years.
Moreover, if the aggregate amount of dangerous drugs involved equals or exceeds the statutory threshold 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, 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
This also holds true if the offense involved methamphetamine.
Offenders will additionally have to pay a fine of at least $1000 or three times the value of the drugs involved. Those sentenced to probation may be required to perform at least 360 hours of community restitution.
Additional crimes involving dangerous drugs can be found here.
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