Drug Sale and Transportation Defense
An accusation of selling or transporting drugs can put mandatory prison rules in play, which is frightening to face. A careful look at the evidence, the amount and how police built the case comes first.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We prepare every case as if it is going to trial, and we take a meticulous, aggressive approach, fighting from every angle, because the report is only one side of the story.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: It is a crime to knowingly transport for sale, import, sell or transfer, or offer to do any of these, with marijuana (A.R.S. § 13-3405(A)(4)), a dangerous drug (A.R.S. § 13-3407(A)(7)) or a narcotic drug (A.R.S. § 13-3408(A)(7)).
- How it is classified: A class 2 felony for dangerous and narcotic drugs. For marijuana, a class 3 felony under 2 pounds and a class 2 felony at 2 pounds or more.
- Possible sentence (first offense): For a class 2 felony, 3 to 12.5 years (A.R.S. § 13-702(D)), with no probation at or above the threshold amount or in methamphetamine cases.
- Where the case is heard: State cases go to Maricopa County Superior Court in downtown Phoenix (confirm the building on your current notice). Federal cases go to the U.S. District Court for the District of Arizona.
- What to do now: You will see a judge for an initial appearance within 24 hours of arrest. Ask for a lawyer, and do not discuss the case with anyone else.
What the law says
The sale and transport paragraph of each drug statute covers several acts. The State must prove you did one of them knowingly:
- Transporting drugs for sale, or offering to
- Importing drugs into Arizona, or offering to
- Selling or transferring drugs, or offering to
Two definitions matter. A "sale" is "an exchange for anything of value or advantage, present or prospective" (A.R.S. § 13-3401(32)). To "transfer" means to "furnish, deliver or give away" (§ 13-3401(37)). So money does not have to change hands, and an offer can be charged even if no drugs were handed over.
Transportation for sale requires proof that the drugs were being moved for sale. Carrying drugs for your own use is a possession case, not a transport for sale case. That difference is often the central dispute, especially after a traffic stop.
Marijuana and adults
Section 13-3405 begins with an exception for A.R.S. § 36-2852. An adult 21 or older may transfer one ounce or less of marijuana, with no more than 5 grams as concentrate, to another adult if the transfer is "without remuneration" and is not advertised or promoted to the public (§ 36-2852(A)(3)). Selling marijuana, or giving away more than that, can still be charged under § 13-3405. See marijuana charges.
How it is classified
| Drug and amount | Statute | Class |
|---|---|---|
| Marijuana, less than 2 pounds | § 13-3405(B)(10) | Class 3 felony |
| Marijuana, 2 pounds or more | § 13-3405(B)(11) | Class 2 felony |
| Dangerous drug, such as methamphetamine | § 13-3407(B)(7) | Class 2 felony |
| Narcotic drug, such as fentanyl, heroin or cocaine | § 13-3408(B)(7) | Class 2 felony |
Some cases carry their own sentencing tables in addition to the class. Methamphetamine sale or transport is sentenced under § 13-3407(E), and certain fentanyl cases of 100 grams or more under § 13-3408(F) and (H), as shown below. If police also found drugs you were holding to sell, a separate possession for sale count may be added.
Possible penalties
For a first felony offense, § 13-702(D) sets a class 2 range of 3 to 12.5 years, with 5 presumptive, and a class 3 range of 2 to 8.75 years, with 3.5 presumptive. Other rules can require prison:
- Threshold amount: Each drug has a threshold in § 13-3401(36), for example 1 gram of heroin, 9 grams of cocaine, fentanyl or methamphetamine, and 2 pounds of marijuana. At or above it, you are not eligible for probation, suspension of sentence, pardon or early release "on any basis" (§ 13-3407(D); § 13-3408(D); § 13-3405(C)).
- Small sales can add up: The threshold looks at the "aggregate amount" in one offense or in all offenses consolidated for trial. A series of small sales can reach it together.
- Methamphetamine: 5 to 15 calendar years for a first offense, with 10 presumptive, and 10 to 20 with a qualifying prior (§ 13-3407(E)). Probation is not available (§ 13-3407(F)).
- Fentanyl, 100 grams or more: A sale of at least 100 grams, or a sale or transport case involving at least 100 grams in a motor vehicle, carries 5 to 15 calendar years, with 10 presumptive (§ 13-3408(F), (H)).
- Fines: Mandatory fines of at least $750, $1,000 or $2,000 for marijuana, dangerous drugs and narcotic drugs, or three times the value of the drugs if greater (§ 13-3405(D); § 13-3407(H); § 13-3408(J)). They cannot be suspended.
- If probation is granted: At least 360 hours of community restitution for dangerous or narcotic drugs, or 240 hours for marijuana below the threshold (§ 13-3407(J); § 13-3408(L); § 13-3405(F)).
Consequences beyond the sentence
- Your record: A sale or transport conviction is a felony that appears on background checks. Depending on the conviction and sentence, a set-aside, which sets aside the judgment of guilt, or record sealing may be possible later. See record sealing and set-asides.
- Firearms: A person convicted of a felony whose rights have not been restored, or who is on felony probation, is a prohibited possessor under A.R.S. § 13-3101(A)(7)(b), (d). Federal law also bars possession after a conviction for a crime punishable by more than one year (18 U.S.C. § 922(g)(1)).
- Immigration: A conviction relating to a controlled substance can make a non-citizen deportable (8 U.S.C. § 1227(a)(2)(B)(i)). If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
- Work and licenses: A sale conviction can raise serious questions with employers, landlords and licensing boards.
Avoiding jail is not the same as avoiding a conviction. The charge you are convicted of, not only the sentence, follows you.
How we defend drug sale and transportation cases
Most state felonies in Maricopa County are prosecuted by the Maricopa County Attorney's Office. Certain cases are prosecuted by the Arizona Attorney General's Office, often where conduct crosses county lines, a state agency investigated, or the county attorney referred it. Some sale and transport cases are charged in federal court by the U.S. Attorney's Office; see federal drug charges. We handle these matters whichever office brought the charge.
- Was there a sale or an offer? Controlled buys and informant cases depend on recordings, surveillance and the reliability of the people involved. We test whether the evidence shows that you made the sale or offer.
- Was it for sale? In transport cases, the State must show the drugs were moved for sale. Personal use, a passenger's drugs or a borrowed car can change the analysis.
- Knowledge: Drugs hidden in a vehicle, package or bag raise the question of whether you knew they were there.
- The stop and the search: Stops, searches and questioning have legal limits. A motion to suppress may keep unlawfully obtained evidence out.
- Weight, testing and the threshold: Because the threshold can decide whether probation is possible, we check how the drugs were weighed, tested and added together.
- Negotiation and mitigation: Depending on the evidence, a resolution to a lesser charge may be possible. Treatment, work history and family support can also matter at sentencing.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
It can still be charged. Arizona defines "transfer" to include giving drugs away (§ 13-3401(37)), and transfers are covered by the same paragraph as sales. For marijuana, an adult may give another adult one ounce or less without payment under § 36-2852(A)(3).
Sometimes. The statutes bar probation at or above the threshold amount and in methamphetamine cases. Below the threshold, probation may be possible, with mandatory community restitution, drug testing and fines.
Most sale and transport cases in Maricopa County are state cases. Some are charged in federal court under federal law instead, where the rules and sentencing are different. See federal charges.
The State has to prove you knowingly possessed or transported the drugs. Who owned the car, who else rode in it, where the drugs were and what was said all matter. Do not try to explain this to police; talk with a lawyer first.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 13-3405: Possession, use, production, sale or transportation of marijuana; classification; exceptions
- A.R.S. § 13-3407: Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification
- A.R.S. § 13-3408: Possession, use, administration, acquisition, sale, manufacture or transportation of narcotic drugs; classification
- A.R.S. § 13-702: First time felony offenders; sentencing; definition
- A.R.S. § 13-3401: Definitions
- A.R.S. § 36-2852: Allowable possession and personal use of marijuana, marijuana products and marijuana paraphernalia
- A.R.S. § 13-3101: Definitions
Cornell Legal Information Institute
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If you have been arrested, charged, or contacted by a detective, the decisions you make in the first few days matter. Nova Law Group defends misdemeanor and felony cases in the Superior Court and in municipal and justice courts across Maricopa County.
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