Heroin and other illicit narcotic drugs are illegal under federal and state laws, although many states now offer drug diversion programs to help drug abusers get treatment in lieu of prison. Arizona heroin laws categorize the powerful opiate as a Schedule I drug (making its possession a felony). But for defendants not previously convicted of felony, the court has the discretion to make it Class 1 misdemeanor. If so, the fine is at least $1000 or 3 times the value of substance, whichever is greater. The following chart is a summary of the different heroin offenses and below is a more in-depth summary.
|Code Section||13-3401, et seq.; 36-2501, et seq.|
|Possession||Class 4 felony, but for one not previously convicted of felony, court can make it Class 1 misdemeanor; fine of not less than $1000 or 3 times the value of substance, whichever is greater|
|Sale||Class 3 felony and fine of greater of 3 times value of drugs or $1000; Sale to minor: Class 2 felony and $2000 fine or 3 times value, whichever is greater; In drug-free school zone: add 1 yr. to sentence and fine for selling to minors|
|Trafficking||Class 2 felony (transport/import); Class 2 felony (manufacture)|
Possession of Heroin
In Arizona, possession of heroin is a Class 4 felony drug charge. This means that the punishment is assumed to be at least two years and six months in prison. Depending on the street value of the heroin in possession, a court may be able to change the drug charge to a Class 1 Misdemeanor. This is only an option if the defendant. The fine in addition to jail time is $1000, or three times the street value of the heroin, whichever is greater.
Selling heroin is a Class 3 felony, which means that the punishment is greater than the Class 4 felony of simple possession. If the sale is to a minor, the crime becomes a Class 2 felony, and if the sale was made in a drug free school zone, one year is added to the jail time. The fine for a Class 3 felony is $1000 or three times the value of the drugs, whichever is greater. If the Sale is to a minor, the minimum fine is $2000.
Drug trafficking in Arizona is either transporting and importing drugs, or manufacturing drugs. It is a Class 2 felony to transport, import, or manufacture drugs in Arizona. Jail time for a Class 2 felony is assumed to be five years, and can be up to twelve and a half years.
Arizona Heroin Laws: Additional Research
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