Cocaine and Heroin Charges in Arizona

Under § 13-3408(A), a person may not knowingly possess or use a narcotic drug, possess it for sale, possess equipment or chemicals to manufacture it, manufacture it, administer it to another person, obtain its administration by fraud, or transport it for sale, import it, sell it or transfer it. "Knowingly" matters, because the State has to prove you knew about the drug.

Here is how the definitions in § 13-3401 reach these drugs:

• Cocaine: The narcotic drug list includes "coca leaves" (§ 13-3401(20)(cc)), and "coca leaves" is defined to mean cocaine, its optical isomers and related compounds (§ 13-3401(5)).
• Heroin: Heroin is listed under the definition of "opium" (§ 13-3401(21)(m)), and opium is on the narcotic drug list.

The threshold amounts are "One gram of heroin" and "Nine grams of cocaine, including hydrolyzed cocaine" (§ 13-3401(36)(a) and (b)). Combinations of listed drugs have their own rule (§ 13-3401(36)(i)). One gram is a small amount, so weight can decide which rules apply in a heroin case.

For a first felony offense, A.R.S. § 13-702(D) sets these ranges, from mitigated to aggravated: class 4, 1 to 3.75 years (presumptive 2.5); class 3, 2 to 8.75 years (presumptive 3.5); class 2, 3 to 12.5 years (presumptive 5).

Prop 200 probation. Under A.R.S. § 13-901.01(A), a person convicted of personal possession or use of a controlled substance is generally placed on probation, and the court requires drug treatment or education as a condition (§ 13-901.01(D)). A second conviction can bring added conditions, such as more intensive treatment (§ 13-901.01(F)).

The rule does not cover possession for sale, manufacturing or transportation for sale (§ 13-901.01(C)). It also does not apply if the court finds you had been convicted of personal possession three times, refused drug treatment as a term of probation, or rejected probation (§ 13-901.01(H)). Learn more on our Prop 200 possession and drug court pages.

• Probation outside Prop 200: With no prior felony and no other disqualifying sentencing history, possession, manufacturing equipment and fraud convictions are eligible for probation (§ 13-3408(C)).
• At or above the threshold: A conviction for possession for sale, administering, or sale or transport for sale is not eligible for probation or a suspended sentence, with limited release exceptions (§ 13-3408(D)). Manufacturing carries the same bar at any amount (§ 13-3408(E)).
• Fine: At least $2,000 or three times the value of the drugs, whichever is greater, and it cannot be suspended (§ 13-3408(J)).
• Probation conditions: At least 360 hours of community restitution and drug testing (§ 13-3408(K) and (L)).

The lab work. We review whether the lab confirmed the drug, how it was tested and whether the chain of custody holds up. In residue or small-quantity cases, the testing and the weight deserve a close look, especially near the one-gram heroin threshold.

Knowledge and possession. The State must prove you knowingly possessed the drug. When it is found in a shared car, a common room or someone else's bag, that can be disputed.

Personal use or sale. A possession for sale charge needs proof of intent to sell. Packaging, cash and phone messages can have other explanations, and the difference matters because Prop 200 covers personal possession but not sale.

The search. If the stop, the search or a consent was not lawful, your lawyer can ask the court to suppress the evidence.

Treatment and mitigation. For people dealing with addiction, treatment can be part of the path forward. We look at Prop 200, diversion programs and other options that may fit your history. Most state felonies in Maricopa County are prosecuted by the Maricopa County Attorney's Office, and certain cases by the Arizona Attorney General's Office, often where conduct crosses county lines or a state agency investigated.