Transporting a controlled substance is a felony in Arizona. It is not the same as simple possession. Transportation charges can mean serious prison time. This is especially true when the case involves dangerous drugs, narcotic drugs or large amounts of a substance. Penalties depend on the type and amount of drug. They also depend on the charges and the defendant’s criminal history.
How does Arizona classify drug transportation offenses?
Three separate statutes govern these charges:
- ARS § 13-3408 covers narcotic drugs such as heroin and cocaine
- ARS § 13-3407 covers dangerous drugs such as methamphetamine
- ARS § 13-3405 covers marijuana
Transportation of narcotic or dangerous drugs is generally a Class 2 felony in Arizona, the state’s second-most serious felony level. When the amount reaches the legal threshold, Arizona law generally requires a prison sentence. Probation or other alternatives to prison may not be available.
What prison sentences and fines can apply?
A Class 2 felony conviction can result in significant prison time. The sentence depends on the type and amount of drug involved, any factors that may increase or reduce the sentence and the defendant’s criminal history. Prior felony convictions may also increase the sentencing range.
A conviction may also lead to:
- Substantial court-imposed fines
- Forfeiture of property linked to the alleged offense
- Employment and housing limits tied to a felony record
- Loss of professional licenses or eligibility for certain licensed jobs
For offenses involving threshold amounts or dangerous or narcotic drugs, probation is generally not available under Arizona law.
What defenses may be available?
The facts of the traffic stop, search, seizure and the defendant’s knowledge of the substance can affect how the case is evaluated. A defense strategy may focus on whether:
- The defendant knowingly transported the controlled substance
- Law enforcement made a lawful stop, search or seizure
- The prosecution can prove each required element of the offense
- Law enforcement properly obtained and preserved the evidence
These issues may help determine which defenses apply and whether certain evidence can be challenged in court.
What to consider after a drug transportation charge in Arizona
Arizona drug transportation charges can lead to prison time and a felony record. The penalties depend on the type and amount of drug involved. They also depend on the felony class and the law that applies. Reviewing the charge with a criminal defense attorney early can help clarify the possible penalties and identify any defenses that may apply.
