Drug Possession and Transportation Laws in Arizona

Drug crimes are a serious offense in Arizona, and whether it’s the possession or transportation of drugs, individuals can face high penalties depending on the drug type, quantity, and intent. In Arizona, drug crimes can be categorized into 6 types: peyote, vapor, marijuana, prescription-only drugs, dangerous drugs, and narcotics. 

If you are facing charges for a drug-related crime in Arizona, here are some things to know as you look for a drug crime lawyer.

What Constitutes a Drug Crime

Drug crimes in Arizona are codified in Title 13, Chapter 34 of the Arizona Revised Statutes. These laws make it illegal to possess or transport illicit drugs in Arizona. 

The unlawful possession of any amount of an illicit drug, or of drug paraphernalia, is a felony offense, a serious crime in Arizona. Transportation for the sale of illicit drugs is a very serious offense in Arizona as well. These cases often involve mandatory prison sentences if the defendant is found guilty at trial.

Peyote (A.R.S 13-3402)

Peyote is a cactus with hallucinogenic effects and if an individual is found selling, possessing, transferring, or offering Peyote, it’s considered a Class 6 felony. In some cases,  the use of Peyote can be exempted if it’s for a religious purpose, which includes the following requirements:

• Is for a bona fide practice of a religious belief
• Part of a religious exercise 
• Does not pose danger to public health, safety, and morals 

Vapors (A.R.S 13-3403)

Substances such as glues, paints, and aerosol sprays that emit harmful vapors are classified as illicit drugs if an individual is accused of breathing, inhaling, or drinking them. Under the Arizona Revised Statutes, it is also prohibited to sell, offer, or transfer vapor substances to a person under 18 years old or to a person who does not work for a licensed commercial business. An individual who violates a part of this statute may face a Class 5 felony. 

Marijuana (A.R.S 13-3405)

While it is now legal to use marijuana recreationally in Arizona, an individual can still face charges if he or she is in possession of more than one ounce of marijuana or if they transport marijuana without a medical card. There is a wide range of possible charges depending on the intent. 

• Possession of marijuana: Class 4 to Class 6 felony 
• Transportation of marijuana: Class 2 to Class 6 felony
• Selling of marijuana: Class 2 to 4 felony 

Read more about Arizona’s Marijuana Laws here.

Prescription-Only Drugs (ARS 13-3406)

In general, prescription-only drugs are classified as:

• Drugs that are not considered safe unless it is used under medical supervision
• Harmful drugs that are not labeled for consumer use 
• Drugs that require a label stating that “dispensing without prescription is prohibited”

If an individual is in possession of a prescription-only drug but does not have a prescription, the penalty is a Class 1 misdemeanor. 

Dangerous Drugs (ARS 13-3407)

Dangerous drugs are any substances beyond narcotics or marijuana and this can include depressants, stimulants, or hallucinogenic drugs. The list of dangerous drugs is defined in ARS 13-3401, but an individual who is found in the possession, manufacturing, transportation, or administration of a dangerous drug faces a Class 4 felony. 

Narcotics (ARS 13-3408)

Narcotics are pain-relieving drugs such as heroin, cocaine, and morphine. An individual who possesses, transports, sells, or manufactures a narcotic drug faces a Class 4 felony, however,  a person can possess a narcotic drug if he or she has a prescription and the narcotic drug is classified as lawful. 

When you’re facing drug felony charges, there are many legal matters to sort out. It’s important to contact a drug crime lawyer as soon as possible. The sooner a criminal defense attorney is involved with your case, the better. Schedule a free consultation with our team to learn more about how we can build a strong defense for your case.