Tucson Criminal Defense Attorney Explains Drug Trafficking Laws  Drug trafficking refers to the illegal drug trade, and is a global black market of various illegal substances. Tucson's location near the US-Mexico border, and along the I-10 Freeway make the city a hot spot for illegal drug trafficking activity. While Arizona has very strict drug laws, even pertaining to possession for personal use, drug trafficking charges are treated much more seriously. If you have been charged with a drug possession offense, visit our Tucson Drug Crimes Lawyer page for more information. This article is focused on the more serious drug crimes in both state and federal court. If you or a loved one has been arrested or charged with a major narcotics trafficking offense, contact the Tucson Defenders for a FREE CONSULTATION with a Tucson criminal defense attorney. 520-585-5757. Read more about Arizona and Federal marijuana cultivation laws. Read more about Arizona and Federal drug manufacturing laws. Learn more about Federal and AZ Importing Drugs laws. There is no substitute for experience when it comes to drug trafficking cases. Knowing the state and local laws, as well as being familiar with the practices of the law enforcement and prosecuting agencies in paramount to mounting a strong defense against these serious charges. A strong grasp of search and seizure jurisprudence, and great motion skills are essential to protecting your rights in a drug trafficking case. Ultimately, in many drug cases, a motion to suppress evidence will be the most important stage in the case. This means that the lawfulness of a search will be one of the primary issues in dispute, and can mean a complete dismissal of your case. Other defenses include lack of knowledge, lack of intent to sell, mistake identity, false accusations, fabricated evidence, and more. POSSESSION FOR SALE Arizona law presumes that possession of 1 gram of heroin, 9 grams of cocaine, or 2 pounds of marijuana is possessed for sale. Other factors, such as packaging, sales/trafficking paraphernalia, cash, lack of user paraphernalia/symptoms of drug impairment, and more can go towards establishing that drugs are possessed for sale. Additionally, undercover operations, confidential informants, wiretapping, and surveillance sometimes yield much more direct evidence of drug sales. Tucson narcotics trafficking cases involving smaller amounts of narcotics are more likely to be heard in state court. Arizona's drug sales laws vary mostly depending on the drug involved. Marijuana trafficking is serious, but not as serious as narcotics trafficking involving cocaine or crack cocaine. Possession for sale of methamphetamine, defined under Arizona law as a dangerous drug is even more serious. Arizona's drug laws prohibit the sales of marijuana, peyote, prescription drugs, cocaine (both powder and crack), heroin, MDMA/Ecstacy, LSD, psilocibin, nitrous oxide, and more. Arizona drug trafficking offenses range in seriousness from Class 2 to Class 6 felonies. Drug sales offenses are not eligible for Proposition 200 drug diversion. ARIZONA'S SERIOUS DRUG OFFENDER DESIGNATION The strictest application of Arizona's harsh drug laws is the designation of repeat drug trafficking offenders as "serious drug offenders." It only takes three similar serious drug offenses to be deemed a serious drug offender. Sentencing for serious drug offenders entails life imprisonment, without the opportunity for a suspended sentence, probation, or pardon, and parole is not available until after 25 years in prison. CULTIVATION OF MARIJUANA AND MARIJUANA TRAFFICKING Marijuana cultivation is illegal under both Arizona and Federal law. While Arizona law does protect medical marijuana patients who possess cannabis for personal use, these laws will generally not extend to protect those charged with cultivation or trafficking. Most Arizonan's do not qualify to legally cultivate marijuana, and even those who do qualify under Arizona law could still potentially face federal penalties. MANUFACTURE OF NARCOTICS Manufacture of narcotics (methamphetamine, PCP, LSD, MDMA/Ecstacy, concentrated cannabis, etc.) is a serious crime. Arizona has tough laws when it comes to methamphetamine, and even harshly punishes possession or possession for sales of precursor chemicals used to produce methamphetamine and other designer drugs. Meth labs that cause injuries, especially to a minor, carry even more serious penalties. IMPORTATION AND TRANSPORTATION OF NARCOTICS Tucson's location near the US-Mexico border, as well as heavy patrolling by federal agencies, results in many narcotics trafficking charges stemming from importation into the United States, as well as transport throughout the state. Checkpoints throughout Southern Arizona, as well as traffic stops, result in a large number of drug transportation arrests. Although privacy rights are very limited at the border crossings, there may be issues with a traffic stop that could result in the evidence being suppressed and the charges dismissed. FEDERAL COURT DRUG CHARGES Over 25% of federal cases are related to drug trafficking, with over 40% of drug crimes relating to methamphetamine. The District of Arizona was in the top five districts for drug trafficking cases. The Drug Enforcement Administration ("DEA") is the primary federal agency enforcing federal narcotics laws, but Customs and Border Patrol ("CBP"), the Federal Bureau of Investigation ("FBI"), Immigration and Customs Enforcement ("ICE"), and Bureau of Alcohol, Tobacco, and Firearms ("ATF") make a sizeable number of drug trafficking arrests each year as well. Additionally, these agencies work together task forces, such as the West Desert Task Force, which is responsible for some of the biggest drug busts in Southern Arizona. These federal agencies employ some of the most sophisticated law enforcement tactics available, including wiretapping, high-tech surveillance, and make extensive use of undercover agents and confidential informants to build strong cases against their targets. In Tucson, federal drug charges are prosecuted by the US Attorney's Office - District of Arizona, and cases are heard at the Evo A. DeConcini United States Courthouse. The most common federal drug trafficking charges include: manufacturing, distribution, possession for sale of a controlled substance, manufacturing, distribution of a counterfeit substance, conspiracy and attempt, and money laundering. If you or a loved one is facing federal narcotics trafficking charges, contact the Tucson Defenders now for a Free Consultation, so that we can discuss your case and any possible defenses. More info about Federal Criminal Defense in Tucson LEARN ABOUT CHALLENGING UNLAWFUL STOPS AND SEARCHES Whether in state court or federal court, drug trafficking charges in Tucson are very serious and carry costly penalties, including very long prison sentences. Our Tucson Drug Trafficking Defense Attorneys will assert your constitutional rights, and thoroughly investigating your case to get the best possible result. Call now for a FREE CONSULTATION 520-585-5757.
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November 2024
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