Prescription Drug Crimes in Arizona

Arizona is well-known as one of the toughest states in the U.S. for drug laws and policies. It is one of a handful of states, in fact, with a zero-tolerance drug policy for all citizens, meaning that there is very little—if any—wiggle room for offenders caught in possession of illegal drugs; a fact that is just as true for minors (individuals under the age of 21) as it is for legal adults. Narcotics, including certain prescription drugs, and other types of “dangerous” substances are given considerable weight when it comes to these offenses.

Illegal drug possession throughout Arizona has been on the rise over the past decade, the state ranking in the top percentiles for heroin, cocaine, methamphetamine, opioid, psychostimulant, and prescription drug removals by the police in 2019. Unfortunately, the number of these cases has continued to grow in recent years with no indication of letting up anytime soon. As a result, law-makers and police are severely cracking down on any and all types of drug crimes.

In an effort to make this process easier, Arizona has broken down all illegal drugs and substances into three main categories: marijuana, narcotics, and dangerous drugs. Depending on the category a particular drug falls into—as well as the type of crime charged (e.g., possession, trafficking, consuming, etc.)—an individual’s charge(s) can vary fairly significantly in severity.

A possession of narcotics charge, for example, is considered a Class 4 felony and carries a maximum fine of $2,000 and up to 3.75 years of prison time. A “narcotic” is a drug that impacts mood and/or behavior, though these are frequently prescribed to assist users with pain management and relief. Many types of prescription medications fall within this category and, despite possibly having a valid prescription, abuse of prescription drugs is still highly illegal.

The Abuse of Opioids and Prescription Pills in AZ

Opioid abuse is an epidemic throughout the United States, and the state of Arizona is no exception. In 2018, more than 46,000 opioid-related deaths were recorded, more than 1,000 of them taking place in Arizona. A survey of Arizona residents 12 years of age and above indicated that 6% had partaken in prescription medication abuse of some kind. While the particular circumstances surrounding prescription abuse is often of a case-by-case nature, there are a number of commonalities as well, including relative ease-of-access (it can be easier to come by prescription medications as these are often found in the home), prescription medications being over-prescribed, and patients selling unused prescription medications.

Much of opioid and, more specifically, prescription drug abuse, is believed to stem from a general lack of public education. There is not enough widespread information about how prescription drugs can be misused and the negative side effects they can cause. Some of these negative side effects range from mild (nausea, vomiting, and dizziness) to extreme (pain sensitivity, depression, low testosterone levels), making them particularly dangerous.

Prescription Drugs and Arizona’s Drugged Driving Laws

One of the reasons prescription drug abuse is so dangerous is the simple fact that many people don’t think it is. However, an opioid—or any substance that hinders your physical and/or cognitive functions—can be a dangerous substance; especially when a motor vehicle is involved.

Drugged driving is an issue that the state of Arizona takes very seriously as it’s been on the rise in recent years, particularly along the state’s southern and western borders. In 2015 alone, the number of fatal vehicle crashes due to drugged driving was greater than those resulting from drunk driving. Because of this rapidly growing issue, Arizona police have developed specialized training to quickly and efficiently identify individuals who are driving while under the influence of drugs. While certain chemical tests do exist to test for the presence of drugs in a person’s system, these often require a blood sample and can take days for the results to be processed. Therefore, “impaired DUI” charges, which rely on the driver’s observable symptoms, are often utilized. If the police officer identifies signs of impairment—symptoms like slurred speech, bloodshot eyes, or the inability to maintain a simple conversation—the driver can be charged with an Impaired DUI.

One challenge with these types of charges is that they’re reliant on the officer’s impartiality and ability to accurately identify symptoms of drug use. However, many of the symptoms most often related to drug use can also appear under far more “normal” circumstances. For example, red eyes are also a side effect of allergies and crying. If a defense attorney can successfully provide reasonable doubt for these symptoms, the Impaired DUI becomes significantly more difficult to prove in court.

For drivers who are found to be under the influence of drugs at the time of arrest, this will likely lead to a DUI. With some of the strictest DUI laws in the whole of America, even a first offense can have significant consequences, including fines ranging in the ithousands of dollars. Driving while under the influence of prescription medications is no exception—impaired driving, no matter the substance, will get you a DUI in Arizona.

Other Punishments for Opioid and Illegal Prescription Possession

Parties within the Arizona government are actively trying to increase the minimum prison sentence for individuals convicted of opioid possession, including two of the fastest-growing opiates in the state: heroin and fentanyl. With the proposed legislation, the minimum sentence would increase to five years with a more typical sentence of approximately two to four years depending on the drug and circumstances surrounding the case.

These efforts are being spearheaded, in large part, by Republican Representative Steve Pierce who originally proposed a bill that would implement these changes. However, other representatives are unsure whether or not these changes would be sufficient—whether an increased minimum sentence would be enough to dissuade opiate and prescription drug abuse—and the answer is yet to be seen.

Valid Reason for Prescription Drug Possession

You’ve been charged with possession or misuse of prescription drugs. Now what? You may feel at a loss, unsure what your options are. No matter the particular circumstances of your case, the first step should always be the same: tell your arresting officer(s) that you want to speak to a lawyer immediately. Until you meet with a lawyer, do not say anything. Because anything you say CAN and WILL be used against you, the best way to protect your rights is to wait for your attorney to arrive and discuss everything with them first. A good attorney will work with you to develop a defense strategy that fits the particular needs of your case.

In the case of prescription medications, one of the most common defense strategies is the “Valid Prescription” defense. Just like it sounds, this is the defense that states that you have a valid prescription for the drugs found on you (or in your system) at the time of your arrest. This is by no means the only defense available for prescription drug abuse arrests, but you’re going to want to work with your lawyer to build out a defense that is highly specific to you and the details of your case.

Have questions about your prescription drug case? Wondering how these Arizona drug laws might apply to you? Our team of legal experts is here to help. Reach out with your questions and we’ll provide you with more detail and guidance when it comes to prescription drug laws in Arizona.