What Is Drug Trafficking and How Is It Defined in the State of Arizona?

Drug trafficking refers to the illegal transportation, distribution or sale of controlled substances such as marijuana, cocaine, heroin and methamphetamine. In the state of Arizona, drug trafficking is considered a serious crime and is punished harshly under state and federal law.

You don’t need to be a professional drug dealer or run a drug ring to be charged with drug trafficking in Arizona. Even possessing a small amount of illegal drugs with the intent to sell or distribute them can result in drug trafficking charges.

If you’re facing drug trafficking charges in Arizona, it is important to seek legal representation from a qualified criminal defense attorney as soon as possible to protect your rights and build a strong defense strategy.

What Exactly Is Drug Trafficking?

Drug trafficking (also known as drug distribution) is a crime that involves the illegal sale, transportation and importation of controlled substances like heroin, cocaine, methamphetamine, fentanyl and more. More specifically, examples of drug trafficking include:

• Growing and/or manufacturing drugs like marijuana or meth
• Transporting drugs either within or across state lines
• Importing drugs from another country, like Mexico
• Possessing drugs with the intent to sell them
• Selling drugs
• Having equipment to make drugs in your possession

It’s important to know drug trafficking also applies to the illegal distribution of prescription drugs like opioids, tranquilizers and stimulants, which has become a serious issue in recent years. For instance, if you have leftover opioids like codeine or hydrocodone that you used to alleviate postsurgical pain and are now selling them to a friend who doesn’t have a prescription, you’re engaged in illegal drug trafficking.

In addition to the criminal charges and penalties associated with drug trafficking, individuals who engage in the illegal distribution of prescription drugs may face civil lawsuits and the loss of professional licenses.

Proving Drug Trafficking

Drug trafficking is similar to drug possession but the former requires the defendant to knowingly possess illicit substances. If your defense attorney can prove you didn’t know you were in possession of a drug or that the drug was illegal, your charges may be reduced to drug possession or dropped altogether.

To prove drug trafficking, the prosecutor must also show the drugs in your possession were meant to be sold or transported. This requirement is needed to elevate the case from a misdemeanor (drug possession) to a felony (drug trafficking).

The prosecution will need evidence showing you were aware of the illicit nature of the drugs you possessed, but they don’t need to explicitly prove you were going to sell, transport or distribute them if you had a threshold amount of them.

For example, if you had one gram of heroin or nine grams of cocaine in your possession (Arizona threshold amounts for drug trafficking), you may be charged with drug trafficking, even if there is no direct evidence that you intended to sell or distribute the drugs. This is because possession of a certain quantity of drugs can be seen as an indicator of intent to distribute.

However, if a threshold amount is difficult or impossible to prove, a prosecutor may present other compelling evidence of drug trafficking like a business log detailing each drug transaction or testimony of people who bought drugs for you.

Penalties for Drug Trafficking in Arizona

In Arizona, drug trafficking penalties are based on the type and quantity of drugs involved, as well as any aggravating factors, such as the use of violence or involvement of children.

For example, trafficking of marijuana can result in anywhere from three to 10 years of imprisonment and fines of over $100,000. Trafficking harder drugs like heroin, methamphetamine or cocaine can result in a prison sentence up to 25 years and fines of half a million dollars.

These penalties may be higher if aggravating factors are present, such as if the drugs were sold in a school zone.