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Drug importation, or transportation, is considered a very serious crime in Arizona. It is often assumed that those accused are part of larger drug activity and that the importation is a means to supply and distribute to dealers and, ultimately, communities. As such, there are harsh penalties outlined for these crimes that include extensive fines and significant jail time.
This is why it is absolutely critical that those accused retain the highest quality legal counsel. At Davidson Criminal Defense & DUI Law Firm, PLC, our firm was founded by a former prosecutor who knows just how unforgiving Arizona’s “presumptive” and “aggravated” sentences can be for those convicted. Attorney Davidson has been on both sides of the courtroom and has lent that unique insight to countless criminal defense cases, navigating his clients to the best possible outcome.
If you have been charged with importation or transportation, the time to act is now. Call our Phoenix drug crime attorney to schedule a case evaluation today.
Under Arizona law, drug importation means knowingly bringing a prohibited drug into Arizona — or offering to do so — from another state or another country. The charge falls under one of three statutes depending on the substance: A.R.S. § 13-3405 for marijuana, A.R.S. § 13-3407 for dangerous drugs such as methamphetamine, and A.R.S. § 13-3408 for narcotic drugs such as heroin, cocaine, fentanyl, and oxycodone.
Importation appears in the same statutory subsection as transportation for sale, so prosecutors often charge both. The statute does not require proof that a sale actually took place. Common situations that lead to importation charges in the Phoenix area include:
Although Proposition 207 allows adults 21 and older to possess small amounts of marijuana, importing marijuana for sale or in amounts beyond what the law allows is still a felony. To convict you, the prosecution must prove beyond a reasonable doubt that you knowingly brought the drug into Arizona or offered to do so.
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Call (602) 493-3600As with every felony in Arizona, drug importation carries severe penalties that can change your life permanently, and the consequences can be considerably harsher when aggravating factors are present. The felony class and sentencing range depend on the type of drug, the amount involved, and your prior criminal history. First-offense ranges under A.R.S. § 13-702 are:
[PENALTY LIST – REVISED: replace the current 4-bullet list with this table]
| Drug Type | Statute | Felony Class | First-Offense Prison Range | Presumptive Term | Minimum Fine |
| Marijuana, under 2 lbs | A.R.S. § 13-3405 | Class 3 | 2 – 8.75 years | 3.5 years | $750 or 3× drug value |
| Marijuana, 2 lbs or more | A.R.S. § 13-3405 | Class 2 | 3 – 12.5 years (no probation) | 5 years | $750 or 3× drug value |
| Dangerous drugs (e.g., ecstasy, LSD, amphetamine) | A.R.S. § 13-3407 | Class 2 | 3 – 12.5 years | 5 years | $1,000 or 3× drug value |
| Methamphetamine | A.R.S. § 13-3407(E) | Class 2 | 5 – 15 years | 10 years | $1,000 or 3× drug value |
| Narcotic drugs (e.g., heroin, cocaine, fentanyl, oxycodone) | A.R.S. § 13-3408 | Class 2 | 3 – 12.5 years | 5 years | $2,000 or 3× drug value |
The minimum fine is whichever amount is greater, plus surcharges, and a judge cannot suspend it. Sentences increase sharply with prior felony convictions — for a class 2 felony, one historical prior raises the range to 4.5 – 23.25 years, and two priors raise it to 10.5 – 35 years.
Probation, community restitution, and other penalties may also apply. If the amount is below the statutory threshold, probation may be possible; marijuana importation probation requires at least 240 hours of community restitution. Unlike first-time personal possession cases, importation does not qualify for Proposition 200 mandatory probation. Call our office to learn which penalties may apply in your case. With skilled, aggressive legal representation, these maximum penalties may be reduced or avoided entirely.
A “threshold amount” is the quantity of a drug that triggers mandatory prison under Arizona law. If the total amount involved meets or exceeds the threshold in A.R.S. § 13-3401(36), you are not eligible for probation, a suspended sentence, or early release on a first importation conviction.
| Drug | Statutory Threshold Amount |
| Heroin | 1 gram |
| Cocaine | 9 grams |
| Methamphetamine | 9 grams |
| Amphetamine | 9 grams |
| Fentanyl or fentanyl mimetic substances | 9 grams |
| PCP | 4 grams or 50 milliliters |
| LSD | 0.5 milliliter or 50 blotter dosage units |
| Marijuana | 2 pounds |
| Any other unlawful substance | $1,000 in value |
Because weight decides whether prison is mandatory, how the drugs were weighed, whether packaging was included, and how the lab tested the substance can be decisive in an importation case.
Arizona Threshold Amounts for Drug Importation
A “threshold amount” is the quantity of a drug that triggers mandatory prison under Arizona law. If the total amount involved meets or exceeds the threshold in A.R.S. § 13-3401(36), you are not eligible for probation, a suspended sentence, or early release on a first importation conviction.
| Drug | Statutory Threshold Amount |
| Heroin | 1 gram |
| Cocaine | 9 grams |
| Methamphetamine | 9 grams |
| Amphetamine | 9 grams |
| Fentanyl or fentanyl mimetic substances | 9 grams |
| PCP | 4 grams or 50 milliliters |
| LSD | 0.5 milliliter or 50 blotter dosage units |
| Marijuana | 2 pounds |
| Any other unlawful substance | $1,000 in value |
Because weight decides whether prison is mandatory, how the drugs were weighed, whether packaging was included, and how the lab tested the substance can be decisive in an importation case.
A drug importation conviction affects far more than your sentence. Beyond prison and fines, you may face:
Depending on the outcome, you may later be able to seal or set aside your record.
What you do in the first hours after an importation arrest can shape the entire case. Take these steps:
Learn more about what to expect when facing criminal charges in Phoenix.
Davidson Criminal Defense & DUI Law Firm, PLC defends people charged with drug importation and other serious drug crimes [link: /phoenix-drug-crime-lawyer/] in Phoenix, Scottsdale, and throughout Maricopa County.
Free consultation: Get a confidential review of your charges and options at no cost.
Drug importation means knowingly bringing marijuana, a dangerous drug, or a narcotic drug into Arizona from another state or country, or offering to do so. Transportation for sale means moving drugs within Arizona with the intent to sell them. Both are charged under the same subsections of A.R.S. §§ 13-3405, 13-3407, and 13-3408 and carry the same felony class, so prosecutors often file them together.
Yes. Importing a dangerous drug or a narcotic drug into Arizona is a class 2 felony, which carries 3 to 12.5 years in prison for a first offense. Importing less than 2 pounds of marijuana is a class 3 felony (2 to 8.75 years), and importing 2 pounds or more is a class 2 felony. Methamphetamine importation carries 5 to 15 years.
Possibly, but only if the amount is below the statutory threshold, such as 9 grams of methamphetamine or fentanyl, 1 gram of heroin, or 2 pounds of marijuana. At or above the threshold, Arizona law makes you ineligible for probation or a suspended sentence. Proposition 200 mandatory probation does not apply to importation, because it covers only personal possession and use.
Drug importation usually becomes a federal case when drugs are seized at the U.S.–Mexico border, at a port of entry such as Nogales or San Luis, on an international flight, or when the DEA, HSI, or CBP leads the investigation. Federal charges under 21 U.S.C. §§ 952 and 960 can carry 5- or 10-year mandatory minimum sentences depending on the drug and quantity.
Lack of knowledge is one of the strongest defenses to drug importation. Prosecutors must prove you knowingly imported the drugs. Evidence that you borrowed or rented the vehicle, that the drugs were hidden in a concealed compartment, or that a package was sent to you without your involvement can create reasonable doubt. A defense lawyer should review this evidence before you speak to police.
A drug importation charge can mean years in prison, but an accusation is not a conviction. The sooner a defense lawyer reviews the stop, the search, and the evidence, the more options you have. Contact Davidson Criminal Defense & DUI Law Firm, PLC 24/7 to schedule a free, confidential consultation with a former prosecutor. We also help clients facing charges through our Scottsdale drug crime lawyer office.
Speak with diligent Phoenix drug crime lawyer who is prepared to fight for you today!
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