The Arizona HCR 2055 ballot measure is a legislative referral that will appear before Arizona voters in November 2026. If passed, it would formally classify drug cartels as terrorist organizations under Arizona state law — which would make Arizona the first state to formally designate drug cartels as terrorist organizations through a voter ballot measure.
For individuals facing drug trafficking or conspiracy charges in South Tucson and Pima County, this reclassification could fundamentally change how prosecutors build their cases, what enhancements apply at sentencing, and how much pressure defendants face to accept plea agreements.
At Lerner and Rowe Law Group, our South Tucson criminal defense attorneys are tracking this legislation closely and are prepared to build cartel enhancement defenses tailored to how this law, if passed, would be applied in Pima County courts. The guide below covers how cartel enhancement charges are constructed, what defense strategies apply, and what South Tucson residents should know before the November 2026 vote.
What Is the Arizona HCR 2055 Ballot Measure?
The Arizona HCR 2055 ballot measure is a legislative resolution that will be put forth to the voters of Arizona in November 2026. Passage of this ballot will lead to the classification of drug cartels as terrorist organizations under Arizona state laws and will give authority to the Arizona Department of Homeland Security (AZDOHS) to act accordingly.
This legislation was passed in the Arizona House, 32 to 27, in February 2025, followed by the Arizona Senate, 16 to 13, in June 2025, strictly along party lines. Given its structure as a ballot referral and not a regular bill, even if current Arizona governor Katie Hobbs vetoes the measure like she did to a similar bill in April 2023, the decision remains entirely with the citizens of Arizona.
In 2023, House Bill 2675 was passed by the legislature with almost identical wording, but it was vetoed by Hobbs, who deemed it to be “not a solution.” This time, however, the initiative would bypass the governor entirely.
In the event that the ballot referendum passes, Arizona would be the first American state to formally label drug cartels as terrorist organizations via ballot referral.
Reasons Why South Tucson Became the Target
The fact that South Tucson has become a target of drug trafficking and other related drug crime enforcement isn’t surprising. The I-19 freeway starts near the Nogales port of entry, and the DEA has targeted this route in the past.
Everyday activities can easily turn into drug charges, and the passing of the Arizona HCR 2055 ballot measure will now allow prosecutors to prosecute in a completely different way by describing the case not just as drug trafficking but rather as actions committed in support of a known terrorist group.
The Issue with Widespread Drug Conspiracy Accusations
The best way to defend against drug conspiracy accusations in South Tucson cases involves unraveling the prosecution’s case as to the knowledge, involvement, and intention of the accused. The prosecution can accuse the defendant of being a “knowing participant” simply because of actions that may range from placing a phone call to accepting a package.
This kind of evidence is not always convincing. For example, most cases against alleged participants in cartel operations rely heavily on statements made by cooperating informants who will benefit from cooperation. Evidence obtained through wiretaps is often taken out of context. Informants have a motivation to implicate anyone and everyone.
For us, defending against drug conspiracy charges in South Tucson is all about questioning the nature of the evidence, including whether it was obtained lawfully, and whether your constitutional rights were respected throughout the process.
The Cartel Enhancement Charge Defense: What Does it Take?
If HCR 2055 becomes law, our cartel enhancement defense will rely on the same type of thorough strategy we employ in all cases involving gang enhancement or organized crime charges.
The following are some ways in which cartel enhancement can be successfully fought in the courtroom:
- Undermining the proof of affiliation. Prosecutors need to establish a connection between your actions and a particular organization. This link isn’t always as straightforward as presented in a charging document.
- Undermining the conspiracy argument that the prosecution relies upon. Enhancement always rests upon a conspiracy case, and without a strong case there is nothing for prosecutors to enhance.
- Making sure that the defendant is portrayed as a human being, rather than an abstract entity.
- Examining the procedures of law enforcement officers. The multi-jurisdictional nature of anti-drug operations in the I-19 region presents ample potential for mistakes related to evidence gathering, search warrant fulfillment, and the handling of informants – all of which we analyze and critique when appropriate.
If you are currently under criminal investigation in South Tucson or anywhere else in Pima County, consulting with a South Tucson criminal defense attorney will help ensure the best possible outcome in your case.
What Happens if Voters Adopt the Arizona HCR 2055 Ballot Measure?
Legal issues are guaranteed. Issues pertaining to whether state-designated acts of terrorism violate federal law, the admissibility of evidence, and the ability of the Arizona sentencing laws to accommodate this measure would have to be settled by court intervention.
Arizona is already moving in the direction of making cases involving drugs and cartel involvement more than mere drug-related prosecutions. HCR 2055 is going to make such an approach formalized. If passed, pressure on individuals to accept plea bargains will increase dramatically.
Here to Help with Arizona HCR 2055 Charges
Lerner and Rowe Law Group has highly skilled and experienced South Tucson criminal defense lawyers ready to help with drug and conspiracy accusations in South Tucson and all around Pima County. Our attorneys understand just what steps the prosecutors take in order to construct their cases and how they can be successfully disputed and dismantled in court.
You don’t need to face what comes next alone, and you shouldn’t wait until new laws take effect. Our team is available 24/7 for a completely free case review. To get started, simply give us a call, fill out our online contact form, or use our convenient LiveChat service.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.