How is Jurisdictional Overlap Between State and Federal Drug Laws and Sentencing Managed in Arizona?

There are some important differences between Arizona State Law and Federal Law regarding the legality of some drugs as well as sentencing guidelines for some drug crimes, like drug trafficking. Arizona has also passed laws restricting asset forfeiture (HB 2477) while Federal authorities maintain broader power in their ability to seize property suspected of being tied to drug crimes, even if the owner of the property is not charged or convicted.  

The Most Glaring Difference: Marijuana Laws

Under Federal Law, Marijuana is classified as a Schedule I drug, right alongside heroin, LSD and ecstasy. Drugs like methamphetamine, fentanyl and cocaine are Schedule II drugs. Despite the Schedule I status of marijuana, there are harsher mandatory minimums for trafficking some Schedule II drugs, like methamphetamine and fentanyl.

Arizona made recreational marijuana legal for adults 21 years of age and older in 2020, despite the drug still being illegal under Federal law according to the Controlled Substances Act (CSA). Possession of marijuana, even for medical purposes, remains illegal under federal law.

Anyone working for a federal agency, or for businesses with federal contracts, can be terminated for marijuana use. Despite the legality of marijuana in Arizona, employers in the state still have the right to enforce drug-free workplace policies. In other words, even if you’re not a federal employee, your employer in Arizona can still terminate you if you test positive for marijuana use.

Trafficking Sentencing

Arizona has slightly less severe sentencing for drug trafficking, particularly for smaller volumes of drugs. Those convicted under Arizona law may be eligible for alternatives to jail or prison for low-level, non-violent offenses. Quantity is often key and can influence whether charges are brought under Federal or State Jurisdiction.

The DEA is more likely to take the lead in large-scale trafficking cases, particularly because those cases often involve international or interstate trafficking. There are also some amounts of drugs that trigger federal mandatory minimums, like a kilogram of heroin, five kilograms of cocaine or 500 grams of methamphetamine.

Arizona has threshold amounts as well, but if particularly large quantities of drugs are involved, there’s usually some component of interstate or international trafficking, in which case federal agencies intervene.

Whether a defendant faces state or federal mandatory minimums will depend on whether they are being prosecuted by Arizona state attorneys or federal prosecutors.

Asset Forfeiture

The ease with which state and federal law enforcement agencies can seize property varies. The Comprehensive Crime Control Act of 1984 expanded the ability of federal law enforcement to seize property without criminal charges or convictions if officers or agents believe the property is connected in any way to a crime.

Although the burden of proof is on the law enforcement agency, they must only meet the preponderance of the evidence standard. Owners can go to court and attempt to reclaim property, but the process can be expensive. In some cases, the cost of fighting to reclaim property is greater than the value of the property itself.

The Civil Asset Forfeiture Reform Act of 2000 (CAFRA) added a slightly higher burden of proof and a mechanism for property owners to be compensated for wrongful seizures.

There are technically two categories of forfeiture: criminal forfeiture and civil forfeiture.

Criminal forfeiture requires a criminal conviction and a direct link between the property and the criminal offense. Civil forfeiture does not require a conviction, and property can be seized if law enforcement suspects the property is connected to a crime.

Arizona’s HB 2477 added the additional requirement of a criminal conviction to most forfeiture actions, meaning civil forfeiture is more difficult for state law enforcement to justify. Arizona law also imposes transparency and reporting requirements for the use of forfeiture funds.  

Fighting for People Accused of Drug Crimes in Phoenix

The Law Office of Michael Alarid III is dedicated to defending individuals in Phoenix who have been accused of drug crimes. Whether you are facing Federal or State crimes,

Arizona Board-Certified Specialist in Criminal Defense, Michael Alarid III, is ready to fight for you. Call (602) 818-3110 for a free case evaluation.