| 13-3408 |
NARCOTIC NEWS
Drug Law in Arizona 13-3408
Drug Law in Arizona 13-3408
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Possession, use, administration, acquisition, sale, manufacture or
transportation of narcotic drugs; classification
transportation of narcotic drugs; classification
A. A person shall not knowingly:
1. Possess or use a narcotic drug.
2. Possess a narcotic drug for sale.
3. Possess equipment or chemicals, or both, for the purpose of manufacturing
a narcotic drug.
4. Manufacture a narcotic drug.
5. Administer a narcotic drug to another person.
6. Obtain or procure the administration of a narcotic drug by fraud, deceit,
misrepresentation or subterfuge.
7. Transport for sale, import into this state, offer to transport for sale or import
into this state, sell, transfer or offer to sell or transfer a narcotic drug.
B. A person who violates:
1. Subsection A, paragraph 1 of this section is guilty of a class 4 felony.
2. Subsection A, paragraph 2 of this section is guilty of a class 2 felony.
3. Subsection A, paragraph 3 of this section is guilty of a class 3 felony.
4. Subsection A, paragraph 4 of this section is guilty of a class 2 felony.
5. Subsection A, paragraph 5 of this section is guilty of a class 2 felony.
6. Subsection A, paragraph 6 of this section is guilty of a class 3 felony.
7. Subsection A, paragraph 7 of this section is guilty of a class 2 felony.
C. A person who is convicted of a violation of subsection A, paragraph 1, 3 or 6
of this section and who has not previously been convicted of any felony or who
has not been sentenced pursuant to section 13-604 or any other provision of
law making the convicted person ineligible for probation is eligible for probation.
D. If the aggregate amount of narcotic drugs involved in one offense or all of the
offenses that are consolidated for trial equals or exceeds the statutory
threshold amount, a person who is convicted of a violation of subsection A,
paragraph 2, 5 or 7 of this section is not eligible for suspension of sentence,
probation, pardon or release from confinement on any basis until the person
has served the sentence imposed by the court, the person is eligible for
release pursuant to section 41-1604.07 or the sentence is commuted.
E. A person who is convicted of a violation of subsection A, paragraph 4 of this
section is not eligible for suspension of sentence, probation, pardon or release
from confinement on any basis until the person has served the sentence
imposed by the court, the person is eligible for release pursuant to section
41-1604.07 or the sentence is commuted.
F. In addition to any other penalty prescribed by this title, the court shall order a
person who is convicted of a violation of any provision of this section to pay a
fine of not less than two thousand dollars or three times the value as
determined by the court of the narcotic drugs involved in or giving rise to the
charge, whichever is greater, and not more than the maximum authorized by
chapter 8 of this title. A judge shall not suspend any part or all of the imposition
of any fine required by this subsection.
G. A person who is convicted of a violation of a provision of this section for
which probation or release before the expiration of the sentence imposed by
the court is authorized is prohibited from using any marijuana, dangerous drug,
narcotic drug or prescription-only drug except as lawfully administered by a
health care practitioner and as a condition of any probation or release shall be
required to submit to drug testing administered under the supervision of the
probation department of the county or the state department of corrections, as
appropriate, during the duration of the term of probation or before the expiration
of the sentence imposed.
H. If a person who is convicted of a violation of this section is granted probation,
the court shall order that as a condition of probation the person perform not
less than three hundred sixty hours of community restitution with an agency or
organization that provides counseling, rehabilitation or treatment for alcohol or
drug abuse, an agency or organization that provides medical treatment to
persons who abuse controlled substances, an agency or organization that
serves persons who are victims of crime or any other appropriate agency or
organization.
1. Possess or use a narcotic drug.
2. Possess a narcotic drug for sale.
3. Possess equipment or chemicals, or both, for the purpose of manufacturing
a narcotic drug.
4. Manufacture a narcotic drug.
5. Administer a narcotic drug to another person.
6. Obtain or procure the administration of a narcotic drug by fraud, deceit,
misrepresentation or subterfuge.
7. Transport for sale, import into this state, offer to transport for sale or import
into this state, sell, transfer or offer to sell or transfer a narcotic drug.
B. A person who violates:
1. Subsection A, paragraph 1 of this section is guilty of a class 4 felony.
2. Subsection A, paragraph 2 of this section is guilty of a class 2 felony.
3. Subsection A, paragraph 3 of this section is guilty of a class 3 felony.
4. Subsection A, paragraph 4 of this section is guilty of a class 2 felony.
5. Subsection A, paragraph 5 of this section is guilty of a class 2 felony.
6. Subsection A, paragraph 6 of this section is guilty of a class 3 felony.
7. Subsection A, paragraph 7 of this section is guilty of a class 2 felony.
C. A person who is convicted of a violation of subsection A, paragraph 1, 3 or 6
of this section and who has not previously been convicted of any felony or who
has not been sentenced pursuant to section 13-604 or any other provision of
law making the convicted person ineligible for probation is eligible for probation.
D. If the aggregate amount of narcotic drugs involved in one offense or all of the
offenses that are consolidated for trial equals or exceeds the statutory
threshold amount, a person who is convicted of a violation of subsection A,
paragraph 2, 5 or 7 of this section is not eligible for suspension of sentence,
probation, pardon or release from confinement on any basis until the person
has served the sentence imposed by the court, the person is eligible for
release pursuant to section 41-1604.07 or the sentence is commuted.
E. A person who is convicted of a violation of subsection A, paragraph 4 of this
section is not eligible for suspension of sentence, probation, pardon or release
from confinement on any basis until the person has served the sentence
imposed by the court, the person is eligible for release pursuant to section
41-1604.07 or the sentence is commuted.
F. In addition to any other penalty prescribed by this title, the court shall order a
person who is convicted of a violation of any provision of this section to pay a
fine of not less than two thousand dollars or three times the value as
determined by the court of the narcotic drugs involved in or giving rise to the
charge, whichever is greater, and not more than the maximum authorized by
chapter 8 of this title. A judge shall not suspend any part or all of the imposition
of any fine required by this subsection.
G. A person who is convicted of a violation of a provision of this section for
which probation or release before the expiration of the sentence imposed by
the court is authorized is prohibited from using any marijuana, dangerous drug,
narcotic drug or prescription-only drug except as lawfully administered by a
health care practitioner and as a condition of any probation or release shall be
required to submit to drug testing administered under the supervision of the
probation department of the county or the state department of corrections, as
appropriate, during the duration of the term of probation or before the expiration
of the sentence imposed.
H. If a person who is convicted of a violation of this section is granted probation,
the court shall order that as a condition of probation the person perform not
less than three hundred sixty hours of community restitution with an agency or
organization that provides counseling, rehabilitation or treatment for alcohol or
drug abuse, an agency or organization that provides medical treatment to
persons who abuse controlled substances, an agency or organization that
serves persons who are victims of crime or any other appropriate agency or
organization.