Narcotic Drugs

A.R.S. § 13-3408 governs offenses involving narcotic drugs, which include heroin, fentanyl, cocaine, oxycodone, morphine, and other opioid-based substances. Narcotic drug offenses carry some of the most severe penalties in Arizona drug law.

Penalties

• Possession or use — Class 4 felony (may be reduced to a Class 1 misdemeanor for eligible first-time offenders)
• Possession for sale — Class 2 felony
• Manufacturing — Class 2 felony
• Transportation for sale — Class 2 felony
• Administering to another person — Class 2 felony

Threshold Amounts

Exceeding the statutory threshold amount results in enhanced sentencing. For example, the threshold for cocaine is nine grams, and for heroin it is one gram. If the threshold is exceeded, prison time is presumptive, and probation is generally unavailable.

Defenses

Defenses include Fourth Amendment challenges to the search and seizure, contesting the identification or weight of the substance, arguing lack of knowledge, and challenging the evidence supporting a possession-for-sale charge versus simple possession.