Fentanyl Possession Defenses: Drug Charges in Arizona

Simple Possession of Fentanyl

Under Arizona Revised Statutes (A.R.S.) § 13-3408, possession of any amount of fentanyl without a valid prescription is a serious offense. 

Simple possession, classified as a Class 4 felony, can result in significant penalties, including imprisonment and hefty fines. Arizona law does provide avenues for mitigating penalties, such as drug diversion programs for first-time offenders. These programs focus on rehabilitation rather than punishment, emphasizing treatment and education.

➤ Example

John is found with a single fentanyl pill in his pocket during a routine traffic stop. He doesn’t have a prescription for the drug. John is charged with simple possession of fentanyl, a Class 4 felony. With the assistance of a defense attorney, John may be eligible for a diversion program, emphasizing treatment over incarceration.

➤ Penalties

First-time offenders can face 1 to 3.75 years in prison. However, probation and mandatory drug rehabilitation (360 hours) may be possible alternatives to incarceration.

Possession of Fentanyl with the Intent to Sell

Possession with intent to sell is a more severe charge under A.R.S. § 13-3407.

The state must prove that the individual intended to distribute the drug, which can be inferred from the amount of fentanyl in possession, packaging materials, and other circumstantial evidence.

This offense is classified as a Class 2 or 3 felony, depending on the quantity involved, and carries mandatory prison sentences upon conviction. Defending against these charges often involves challenging the evidence of intent and the procedures used during the investigation and arrest.

➤ Example

Sarah is arrested with 100 fentanyl pills, a digital scale, and several small baggies. The police charge her with possession with intent to sell, a Class 2 felony, based on the quantity and packaging materials found. Sarah’s defense attorney may argue that the items were for personal use or challenge the evidence’s validity and the search’s legality.

➤ Penalties

This Class 2 felony carries a prison sentence ranging from 3 to 12.5 years.

Possession of Fentanyl Drug Paraphernalia

A.R.S. § 13-3415 addresses the possession of drug paraphernalia, which includes items used to store, conceal, or consume fentanyl.

Possession of such items is a Class 6 felony, punishable by fines, probation, or imprisonment. A successful defense might argue that the items were not intended for drug use or challenge the legality of the search that discovered the paraphernalia.

➤ Example

Michael is found with a small glass pipe and a syringe during a search of his home. He is charged with possession of drug paraphernalia, a Class 6 felony. His defense attorney may argue that the items were not intended for fentanyl use or that the search was conducted without proper legal procedures.

➤ Penalties

Classified as a Class 3 felony, the penalty ranges from 2 to 8.75 years in prison.

Manufacture of Fentanyl

Manufacturing fentanyl is one of the most severe drug offenses in Arizona, outlined in A.R.S. § 13-3407.

This charge applies to individuals involved in producing, compounding, or processing the drug and is typically classified as a Class 2 felony.

Penalties include lengthy prison sentences and substantial fines. Defense strategies may focus on disputing the involvement of the accused in the manufacturing process or challenging the admissibility of evidence.

➤ Example

Emily is discovered operating a makeshift lab in her garage, where she is allegedly producing fentanyl. She is charged with the manufacture of fentanyl, a Class 2 felony. Her defense attorney might argue that Emily was unaware of the substances being produced or challenged the evidence and the methods used to link her to the manufacturing process.

➤ Penalties

As a Class 2 felony, manufacturing fentanyl can result in a prison sentence of 3 to 12 years.

Fentanyl Prescription Fraud

Obtaining fentanyl through fraudulent means, such as forging prescriptions or doctor shopping, is addressed under A.R.S. § 13-3406.

This offense is considered a Class 3 felony and involves severe penalties, including imprisonment and fines.

Defending against these charges often involves demonstrating a lack of intent to deceive or arguing that the prescriptions were obtained for legitimate medical purposes.

➤ Example

Lisa is accused of forging a prescription to obtain fentanyl patches from multiple pharmacies. She is charged with prescription fraud, a Class 3 felony. Her defense attorney may argue that Lisa had a legitimate medical need and misunderstood the prescription process, aiming to reduce the severity of the charges.

Fentanyl Trafficking

Trafficking fentanyl, a charge that includes the transportation, sale, or importation of large quantities, is governed by A.R.S. § 13-3405.

It is classified as a Class 2 felony and can result in decades of imprisonment and substantial fines.

Defending against trafficking charges requires a robust strategy, often involving challenging the methods used to gather evidence and questioning the credibility of informants or witnesses.

➤ Example

David is caught transporting several kilograms of fentanyl across state lines. He faces fentanyl trafficking charges, a Class 2 felony. David’s defense attorney may focus on challenging the evidence collection methods, such as the legality of the traffic stop that led to his arrest, or question the reliability of any informants involved.

➤ Penalties

Being a Class 2 felony, fentanyl trafficking incurs a prison sentence ranging from 5 to 20 years. If federal charges are involved, the penalties can include fines up to $5 million and even life imprisonment, particularly for large quantities or repeat offenses.

Administering Fentanyl

Administering fentanyl to another person, especially without their knowledge or consent, is a serious offense under A.R.S. § 13-3408.

This offense is treated with utmost seriousness due to the potential for overdose and death, classified as a Class 2 felony.

Defense tactics may include questioning the administration’s voluntary nature and the accused’s involvement.

➤ Example

Tom is accused of administering fentanyl to his friends without their knowledge, resulting in an overdose. He is charged with administering fentanyl, a Class 2 felony.

Tom’s defense attorney might argue that his friend voluntarily took the drug or challenge the evidence linking Tom to the administration of fentanyl.

Legal Defenses Against Charges for Drug Offenses

There are several legal defenses available to individuals charged with fentanyl offenses in Arizona:

• Lack of Knowledge: Arguing that the accused was unaware they had fentanyl.
• Unlawful Search and Seizure: Challenging the legality of the evidence obtained during the search.
• Entrapment: Demonstrating that law enforcement induced the accused to commit the crime they would not have otherwise committed.
• Lack of Intent: In cases of possession with intent to sell, disputing the evidence of intent to distribute.

Critical Factors Influencing Sentencing In Arizona Drug Trafficking Cases

Several factors can influence sentencing in fentanyl trafficking cases:

• Quantity of the Drug: Larger quantities typically result in harsher penalties.
• Criminal History: Prior convictions can lead to increased sentences.
• Cooperation with Authorities: Providing information or assistance to law enforcement can reduce sentences.
• Mitigating Circumstances: Factors such as addiction, mental health issues, or lack of intent can be considered during sentencing.

Facing fentanyl-related charges in Arizona is a daunting experience, but with the right defense lawyer, you can feel more at ease.

At The Law Office of Daniel Hutto, located in Phoenix, Arizona, we are dedicated to providing expert, empathetic, and aggressive representation to those accused of illegal drug crimes.

Understanding your rights and the legal defenses available is crucial to achieving the best possible outcome in your case.

Contact us today at 602 536-7878 to schedule your consultation.