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03 Oct 23

Heroin and Opioid Drug Arrests in Phoenix: Stats and Penalties

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Last Updated on: 15th December 2023, 08:23 pm

Heroin and Opioid Drug Arrests in Phoenix: Stats and Penalties

The opioid epidemic has hit Phoenix hard in recent years. Heroin and prescription opioid abuse have skyrocketed, leading to increasing numbers of overdoses and deaths. Law enforcement has cracked down on heroin and opioid trafficking and use, making many arrests. But what are the stats on these arrests, and what penalties do offenders face?

Heroin Arrest Statistics

According to the DEA, heroin seizures in Arizona increased from 9.7 kilos in 2019 to 21.1 kilos in 2021[1]. Heroin arrests specifically in Phoenix are not reported, but statewide heroin arrests increased 35% from 2018 to 2019[2].

Heroin is highly addictive so many users end up getting arrested multiple times. A 2018 report found 20% of heroin users were arrested 5+ times in the past year[3]. Heroin arrests often involve possession of drug paraphenalia like syringes too.

Opioid Prescription Arrest Statistics

Arrests for prescription opioid abuse are also up. From 2018 to 2019, arrests for possession of dangerous drugs (including prescription opioids) increased 13% in Arizona[4]. Many users doctor shop or forge prescriptions to get opioids.

In 2019, the DEA had 25 cases initiated in Phoenix specifically related to diversion of prescription opioids[5]. That number has likely increased since then.

Penalties for Heroin and Opioid Possession

Penalties for heroin and opioid possession depend on the amount, with larger amounts incurring stiffer penalties:

  • Less than 1 gram of heroin or a small amount of pills – felony, 4 months to 2 years in prison
  • 1 to 4 grams of heroin or a larger amount of pills – felony, 1 to 3.75 years in prison
  • 4+ grams of heroin or a very large quantity of pills – felony, 2.5 to 7 years in prison

Other factors like prior offenses can increase sentences. Possession of drug paraphernalia like syringes also incurs additional penalties.

Penalties for Heroin and Opioid Trafficking/Dealing

Penalties for trafficking and dealing heroin and opioids are much more severe:

  • Less than 2 grams – felony, 3 to 12.5 years in prison
  • 2 to 4 grams – felony, 5 to 15 years in prison
  • 4+ grams – felony, 10 to 25 years in prison
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Trafficking large quantities (28+ grams) leads to life in prison. There are also hefty fines, like up to $150,000 for 4-28 grams. Other factors like prior offenses, drug sales near schools, involving minors, and possession of firearms can further increase sentences.

Defenses Against Heroin and Opioid Charges

There are a few legal defenses that may help get heroin or opioid charges dropped or reduced:

  • Illegal search – If police didn’t have probable cause or a warrant, evidence may be thrown out
  • Entrapment – Defendant was induced by police to commit the crime
  • Misidentification – Drugs actually belonged to someone else
  • Medical necessity – Opioids were prescribed by a doctor

An experienced criminal defense lawyer can evaluate the details of the case and identify the best defense strategies.

Treatment and Diversion Programs

For first-time or low-level offenders, prosecutors may offer diversion programs as an alternative to jail time. These involve drug treatment and rehabilitation programs. Upon successful completion, charges are often dropped or reduced.

Treatment and counseling for addiction can also be required as part of sentences and probation terms. These aim to address the root causes of addiction and prevent future drug abuse and arrests.

The Opioid Epidemic Requires a Public Health Approach

While arrests serve to get dealers off the streets, the opioid epidemic really requires a public health approach focused on treatment and harm reduction. Strategies like needle exchanges and increased access to medications like methadone and buprenorphine have proven effective[6].

Ultimately, a balance of law enforcement and public health efforts is needed. But putting users in prison often exacerbates addiction and fails to address underlying issues. A shift towards treatment programs rather than incarceration could help lower overdose deaths and improve lives.

References

  1. 2019 National Drug Threat Assessment, DEA
  2. Opioid Overdose Deaths in Arizona, AZ Dept of Health Services
  3. Opioid Overdose Deaths in Arizona, AZ Dept of Health Services
  4. Opioid Overdose Deaths in Arizona, AZ Dept of Health Services
  5. DEA Press Releases
  6. Evidence on Strategies for Addressing the Opioid Epidemic, National Library of Medicine