Possession of Heroin in Arizona Defined
The elements of a heroin drug possession violation vary depending upon the state. Arizona defines illegal possession of narcotics, including heroin, in Arizona Revised Statute number 13-3408: The possession, use, administration, acquisition, sale, manufacture or transportation of narcotic drugs. The statute broadly defines illegal possession as knowingly having on your person, either for use or for sale, a narcotic substance, in this case heroin. Even if one has no physical heroin on them but has items normally used to produce heroin, such equipment or chemical compounds, they fall under the purview of the possession statute. Actually completing the chemical process necessary to produce consumable heroin is possession via manufacturing. A person who administers heroin to another person automatically satisfies the elements for possession, too. Arizona also prosecutes people, for possession, who either transport, or offer to transport, heroin into the state. Last, the act of acquiring heroin from a legal dispenser through fraud results in a possession violation. The State of Arizona also has a law prohibiting the Use or Possession of Dangerous Drugs.
Arizona officials consider heroin possession a serious felony. The incarceration period for possession ranges from two years, six months to five years in prison. Mere physical holding of heroin results in the least severe penalty, a class 4 felony, with a presumptive two year, six month sentence. Attempting to manufacture consumable heroin or obtaining the drug through deceit are class 3 felonies, resulting in a three year, six month sentence. A person who successfully manufactures heroin or helps another inject the drug can receive a class 2 felony charge. This charge carries a five-year sentence.
The most serious heroin possession charges are those involving the intent to deliver or sell the drug. Possession with intent to sell and transporting drugs into Arizona for sale are class 2 felonies carrying a five-year prison sentence. A person caught with more than one gram of heroin automatically receives the class 2 felony charge of intent to sell and deliver heroin. More than one gram of heroin, known as the statutory threshold amount, establishes a mandatory charge of intent to sell or deliver regardless of the actual or implied evidence. This means that even a person using the drug at home can receive an intent to sell charge for a private stash exceeding one gram.
If you or someone you know has been charged with Possession of Heroin in Arizona, call our offices today for a free consultation of your case. To schedule an appointment, call (602) 307-0808 or send us an email using our secure form.