Arizona Revised Statutes

Ariz. Rev. Stat. § 13-3409 (2026)

Involving or using minors in drug offenses; classification

✓ current as of May 2026
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A. A person shall not knowingly:

1. Hire, employ or use a minor to engage in any conduct, completed or preparatory, that is prohibited by sections 13-3404, 13-3404.01, 13-3405, 13-3406, 13-3407 and 13-3408.

2. Sell, transfer or offer to sell or transfer to a minor any substance if its possession is prohibited by sections 13-3404, 13-3404.01, 13-3405, 13-3407 and 13-3408.

B. A person who violates this section is guilty of a class 2 felony and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the court has been served or commuted, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705, subsection E.

C. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation 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 substance 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.

Notes of Decisions
Cited in 8 cases, 1984–1992 · leading case: State v. Jonas, 792 P.2d 705 (Ariz. 1990).
State v. Jonas, 792 P.2d 705 (Ariz. 1990). · cites it 20× “Defendant's Sentence Defendant challenges the 25-year maximum sentence he received for his conviction of transfer of marijuana to a minor under the age of 15, in violation of A.R.S. § 13-3409. That statute provides, in relevant part: A.”
State v. Medina, 836 P.2d 997 (Ariz. Ct. App. 1992). · cites it 7× “A.R.S. § 13-3409 prohibits the knowing use of a minor to violate the provisions of § 13-3405 forbidding possession or transportation of marijuana for sale.”
State v. Jacobsen, 687 P.2d 946 (Ariz. Ct. App. 1984). · cites it 4× “Forfeitures under A.R.S. § 13-3409 are required to be accomplished in accordance with the procedure set forth in A.”
State v. Fierroa, 804 P.2d 72 (Ariz. 1990). “A person commits first degree murder if: ****** (2) Acting either alone or with one or more other persons such person commits or attempts to commit sexual conduct with a minor under § 13-1405, sexual assault under § 13-1406, molestation of a child under § 13-1410, narcotics…”
State v. White, 701 P.2d 1230 (Ariz. Ct. App. 1985). · cites it 6× “Notice Appellant contends that the trial court erred in denying his motion to suppress due to the state’s failure to comply with A.R.S. § 13-3409(0). A.R.S. § 13-3409(0) provides that when seizures of marijuana are made in excess of ten pounds, the agency may retain ten pounds…”
State v. Barrett, 721 P.2d 683 (Ariz. Ct. App. 1986). · cites it 2× “The state filed a forfeiture action requesting that the van be forfeited to the Department of Public Safety pursuant to A.R.S. §§ 13-3409(A)(3) and 13-106. Both Jack and Joan Barrett received notice of the action, but only Joan Barrett answered.”
State v. Marchesano, 783 P.2d 247 (Ariz. Ct. App. 1989). “…§ 13-1406, molestation of a child under § 13-1410, narcotics offenses under § 13-3408, subsection A, paragraph 7 or § 13-3409, kidnapping under § 13-1304, burglary under § 13-1506, 13-1507 or 13-1508, arson of an occupied structure under § 13-1704, robbery under § 13-1902,…”
Nunez v. State, 688 P.2d 1088 (Ariz. Ct. App. 1984). · cites it 4× “We note that A.R.S. § 13-3409 was amended by Laws 1983, ch.”
— Ariz. Rev. Stat. § 13-3409(0) — 1 case
State v. White, 701 P.2d 1230 (Ariz. Ct. App. 1985). “Notice Appellant contends that the trial court erred in denying his motion to suppress due to the state’s failure to comply with A.R.S. § 13-3409(0). A.R.S. § 13-3409(0) provides that when seizures of marijuana are made in excess of ten pounds, the agency may retain ten pounds…”
— Ariz. Rev. Stat. § 13-3409(A)(3) — 3 cases
State v. Jacobsen, 687 P.2d 946 (Ariz. Ct. App. 1984). “Forfeitures under A.R.S. § 13-3409 are required to be accomplished in accordance with the procedure set forth in A.”
State v. Barrett, 721 P.2d 683 (Ariz. Ct. App. 1986). “The state filed a forfeiture action requesting that the van be forfeited to the Department of Public Safety pursuant to A.R.S. §§ 13-3409(A)(3) and 13-106. Both Jack and Joan Barrett received notice of the action, but only Joan Barrett answered.”
Nunez v. State, 688 P.2d 1088 (Ariz. Ct. App. 1984). “We note that A.R.S. § 13-3409 was amended by Laws 1983, ch.”
— Ariz. Rev. Stat. § 13-3409(C) — 1 case
State v. White, 701 P.2d 1230 (Ariz. Ct. App. 1985). “Notice Appellant contends that the trial court erred in denying his motion to suppress due to the state’s failure to comply with A.R.S. § 13-3409(0). A.R.S. § 13-3409(0) provides that when seizures of marijuana are made in excess of ten pounds, the agency may retain ten pounds…”
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