In the United States, an estimated 31.9 million people age 12 or older have used an illicit drug in the past 30 days. Over 50% of people in the United States have used an illegal drug or nonmedical use of prescription drug in their lifetime. Recently, Arizona ranked 18th in a study that attempted to identify what states have the worst drug abuse in the United States. Because Arizona borders Mexico, drugs will always be constantly flowing through the state. Aware of all these statistics and facts, Arizona’s state legislature have crafted strict laws to punish criminals in the drug world. In addition to this, Arizona’s law enforcement are cracking down on anything related to the drug world. However, the most effective combatant to Arizona’s drug crime problem has been the COVID-19 virus.

Current COVID-19 Impact

Together, travel restrictions at the border and supply chain problems are drastically reducing Arizona’s illegal drug supply. In response to COVID-19’s spread, officials blocked all nonessential international travelers. This block caused a sharp drop in vacationers, shoppers, and others who cross the border every day. These legal border crossers had inadvertently camouflaged drug runners trying to sneak past border checkpoints. In March, automotive crossings at the Mexico-Arizona border were 22% lower than in 2019. Crossings on foot were down 26%. With fewer border crossings, there are fewer drug runners able to blend in with the crowds. This prevents drugs from slipping by border patrol and into Arizona’s streets.

Across the Pacific Ocean in China, factories are halting their production of the chemicals used to make drugs. With little demand and large issues with trading, China has shut down their factories, eliminating a large resource for drug cartels. Cartels, like the ones in Mexico, rely on Chinese chemicals to make methamphetamine, fentanyl, and even cocaine. Without this large resource, drug cartels have had to revamp how they will make a profit. Cartels appear to be refocusing on marijuana. Because marijuana production usually occurs close to its seller’s consumer market, cartels do not need to rely on long, trans-regional shipments of bulk quantities of the drug. This allows cartels to continue to distribute the drug without facing the hardships that harder drugs like opiates are battling.

Possible Impact of COVID-19 on Drug Crimes

Like anything relating to the COVID-19 virus, accurately predicting the future is impossible. Everyone is reacting to virus-related news as it happens. These real time reactions make accurate predictions nearly impossible. However, past behavior seems to indicate that COVID-19 may be reducing crime in general. Cities around the world are reporting dramatic drops in crime after implementing lockdown quarantine measures. In Chicago, one of the United States most violent cities, drug arrests have gone down 42% since the city shut down in compared with the same period last year. Whether crime is actually dropping remains unknown. One possible explanation for this statistic is that instead of arresting people for lower-level drug crimes, officers may be just issuing citations. Another explanation is that people are not leaving their homes. Arizona, like Chicago, also saw its officials institute a stay-at-home order. This has led to increasing law enforcement presence in Arizona’s streets and a lower level of crime. However, increasing law enforcement presence has had the unintended side effect of causing drug sales to plummet. Because of that plummet, the price of drugs has shot through the roof.

As drug prices increase, demand for the drug lowers. Lower demand means less opportunity to sell drugs. As a result, with less opportunity to sell, experts believe that drug dealers may start to stockpile their drugs. If that prediction holds true and dealers begin stockpiling their drugs, then states like Arizona may face a drug explosion. When Arizona officials draw back COVID-19 restrictions, drug dealers will then be able to unload their drug stockpile. This will lead to an explosion of widespread availability of cheap, high-purity drugs. As the drugs get cheaper, more people are able to purchase and possess the drugs. This will of course then result in even more drug crimes. That increase in crime will ultimately end in a larger law enforcement presence to help stymie this new drug epidemic.

In comparison to the rest of the country, Arizona is one of the strictest states when it comes to drug crime penalties. If there were to be a drug explosion and resulting increase in drug crime, it is likely that Arizona’s penalties would become even harsher. Therefore, it is important to understand how Arizona penalizes those who are convicted of a drug offense.

Penalties & Punishments

Arizona law is clear, you cannot knowingly possess illegal drugs or drug paraphernalia. Most often, when officers arrest someone for a drug crime, that person will be charged with multiple offenses. These multiple offenses can come from the drug itself, any item related to the drug, and even the person’s intentions. For example, if police catch someone with bagged marijuana and a scale, prosecutors can charge the person with possession of a drug, possession of drug paraphernalia, and even transportation for sale and actual sale. With such severe consequences, it is important to understand how the offenses work with each other.

Arizona law forbids possessing any sort of drug paraphernalia. What exactly is drug paraphernalia is quite broad. Anything that allows you to use, prepare, plant, or do other things related to drugs can result in a person receiving a drug paraphernalia charge. If found in possession of drug paraphernalia, the penalty is harsh. The person may face up to a class 6 felony. But, more often than not, drug paraphernalia is found alongside actual drugs. So the charges usually do not stop at paraphernalia.

If caught with drugs, the penalties will depend on what drug the person possessed and how much that person had. Assuming the drug is marijuana, a person in possession of marijuana could face various punishments. Usually, at a minimum in Arizona the person possessing marijuana will face a felony charge. What class of felony that person will receive depends on the amount of the drug possessed and whether the person had an intent to sell or traffic the drug.

Continuing the example, the marijuana statute, A.R.S. § 13-3405(A)(1), divides penalties into three categories based on how much marijuana the person possessed:

• under two pounds
• two to four pounds
• over four pounds

For those caught in possession of under two pounds of marijuana, the charge can be a:

• Class 6 felony if it’s found to be for personal use
• Class 4 felony if it’s for sale
• Class 5 felony if it was personally produced
• Class 3 felony if it’s transported or imported into Arizona

If someone is found to be in possession of two to four pounds of marijuana, charges can be a

• Class 5 felony if it’s for personal use
• Class 3 felony if it’s for sale
• Class 4 felony if it was personally produced
• Class 2 felony if it’s transported or imported into Arizona

Lastly, in situations where a person possesses four or more pounds of marijuana, their charge can be a:

• Class 4 felony if it’s for personal use
• Class 2 felony if it’s for sale
• Class 3 felony if it was personally produced
• Class 2 felony if it’s transported or imported into Arizona

Fortunately, with the help of an effective criminal lawyer, some drug offenses can often be reduced to a class 1 misdemeanor. Often, the lawyer will attempt to negotiate with the prosecutor to allow the offender to attend a diversion or education program. One of the most common diversion programs in Arizona is the program ran out of the Maricopa County Attorney’s Office called TASC. TASC – short for Treatment Assessment Screening Centers – provides drug testing to first-time offenders as part of a larger diversion program. After completing the program, the person may have the opportunity to have their charge dismissed.

Therefore, to ensure a person has their best chance of avoiding jail time, it is ideal to secure a competent criminal lawyer who understands the nuances of drug crime defense.

Let Us Help

Drug crime can result in a very serious felony offense that can carry a sentence of incarceration. Fighting a drug crime charge requires a team of highly experienced drug possession lawyers to ensure you receive the best result possible. Let Gilbert Criminal Lawyer criminal lawyers and their knowledge of Arizona’s drug crime law guide you through the process. The legal battle ahead will be led by strong representation and diligence.