• Narcotics – Narcotics can be synthetic or naturally occurring and are a class of drugs with pain-relieving or numbing properties. In Arizona and the rest of the US, narcotics is a term often generally applied to opioids like hydrocodone, morphine, and fentanyl. Many narcotics are Schedule II or III drugs.
• Other Prescription Drugs – When prescription drugs are used other than as prescribed or sold/given to someone other than the authorized prescription holder, they are illegal. Examples may include anabolic steroids, Adderall, and Xanax. Because prescription drugs have medicinal properties, they are often classified as Schedule IV drugs.
• Marijuana – Marijuana, which is derived from the cannabis plant, is a Schedule I controlled substance according to federal law. However, due to Proposition 207, adults can legally possess up to one ounce of marijuana for recreational use. According to the Federal Register, the DEA has moved forward with steps to reclassify marijuana as a Schedule III drug (a drug with low potential for misuse and approved medical use).
• Hallucinogens – Hallucinogens are a class of psychoactive drugs that can alter your perception of reality, thoughts, and even your mood. Peyote, a cactus derivative, is one of the most common hallucinogens in AZ and is a Schedule I drug according to the Controlled Substances Act, which puts it in the same Class as LSD.
• Vapor-Releasing Substances – Certain glues, paints, acetone, and even canned air, when used for intoxication purposes, fall into this category. It is illegal to inhale, breathe, or drink a vapor-releasing substance in Arizona.
• Dangerous Drugs – Some of the most common drug crimes are the result of dangerous drug possession or sale. These illicit drugs, including cocaine, heroin, methamphetamine, and crack, are typically Schedule I or II drugs.

• Prior convictions
• Drug crimes involving minors
• Crimes committed in a school zone
• Distribution or possession of quantities above the given thresholds
• Criminal acts in connection with a criminal enterprise
• Drug crimes involving a deadly weapon

In some cases, being found guilty of an aggravating factor may mean increasing a prison sentence by one to three years. In felony cases, sentencing could increase by one felony class. For example, if a deadly weapon is involved, a Class 2 felony may be sentenced as a Class 1 felony.

Mandatory Minimum Sentences for Serious Drug Crimes

A special subsection of drug crimes in Arizona, known as “serious drug crimes,” leads to the most severe penalties. If you are convicted of a serious drug crime, you could face anywhere from 25 years to life in prison. A person convicted of a serious crime is ineligible for parole, pardon, suspended sentence, or probation.

A drug crime is considered serious if the offender receives a substantial amount of their income from the sale, manufacture, distribution, or transport of narcotics, dangerous drugs, or even marijuana. Serious drug crime penalties also apply to offenders who build and maintain drug enterprises, which means they possess drugs in amounts well above the thresholds.

Collateral Consequences Beyond Drug Offense Jail Time in Arizona

The Criminal Process in Arizona

The criminal process for drug crimes in Arizona can be long and grueling, especially if you choose to represent yourself. In general, to be convicted of a drug crime, there must be clear evidence that you were knowingly in possession of the drug or drugs in question. However, the process to confirm or negate this proof requires several steps best navigated by a seasoned drug crimes attorney.

Arrest

If you are facing drug charges, you were arrested by an officer who had reason to suspect you violated a drug law. For example, an officer may have pulled you over due to suspicion that you were driving under the influence, or after obtaining a warrant for your arrest based on a tip. If you are arrested, you should exercise your right to remain silent until your attorney is present.

Initial Court Appearance

Your initial court appearance, also referred to as a bond hearing, is your opportunity to be released on bail. During this hearing, the judge will inform you of your rights as well as the charges against you. One of your rights is the right to secure a defense attorney to represent you,  either via a court-appointed lawyer or by an experienced drug crimes attorney you choose to help you navigate your unique case.

Preliminary Hearing

During your preliminary hearing phase, the judge will determine whether there is probable cause that you committed a crime based on the prosecution’s evidence and witness testimony. A grand jury can also determine probable cause and indict you for a crime. An attorney is essential during this stage, as they can begin building your defense and dismantling the state’s evidence against you.

Arraignment

At the arraignment, you will either plead guilty or not guilty to the charges against you. If you plead guilty, the judge will set a date to convict and sentence you for the crime, at which time, your lawyer may be able to negotiate a reduced sentence or a dismissal of certain charges in exchange for a guilty plea in others. If you plead not guilty, the judge will set a date for the trial.

Trial

It is your constitutional right to go to trial if you are charged with a crime. The trial will consist of the prosecution establishing its argument and evidence of your guilt, while your lawyer works to dismantle the prosecution’s case and build a defense. A judge will hear the case, and depending on the nature and severity of the crime, a jury may or may not determine whether you are convicted.

How an Experienced Arizona Drug Crimes Attorney Can Help

Drug charges do not have to result in spending years in prison, paying exorbitant fines, or even a conviction. With an experienced and formidable legal team by your side, sentence reduction or even a dismissal of your charges is possible. In Arizona, the prosecution must prove your guilt beyond a reasonable doubt. A skilled attorney can work to highlight inconsistencies or flaws in the prosecution’s case against you or prove that you should not have been charged in the first place.

Here are some potential defenses your attorney may use: