Drug possession laws in Arizona treat narcotics, dangerous drugs, and certain amounts of marijuana under specific statutes, and charges can range from misdemeanors to class 4-6 felonies depending on the substance and quantity. Our firm’s team, led by a founder who served as a city court judge, prosecutor and police officer, understands how these cases are investigated and defended.
If you’re charged with an Arizona drug offense, you need the help of a former police officer, prosecutors, and judge on your side.
ARS 13-3407 prohibits a person from knowingly possessing or using a dangerous drug. Arizona law provides a lengthy list of what qualifies as a dangerous drug, but most often, these cases involve methamphetamine, cocaine, fentanyl, opium, mushrooms, and other types of prescription painkillers and antidepressants. A violation of this statute is very serious and is a Class 4 felony. If the drug involved in the case is not methamphetamine or amphetamine, and you have never been convicted of a felony, the judge will have the option of classifying the charge down to a class 1 misdemeanor.
In 1996, Arizona voters passed Proposition 200. Under Prop 200, judges are prohibited from sending first- or second-time nonviolent drug offenders to prison, even if these convictions are for felony offenses. The judge may only sentence the defendant to a term of probation and mandatory drug treatment.
In various Arizona courts, a program called TASC is sometimes utilized to help defendants earn a dismissal of their drug charges. TASC is an adult deferred prosecution program that takes one to two years to complete. During TASC, you will be required to complete group counseling, self-help meetings, and substance abuse counseling. You will also be subject to random urine tests. The total fees for this program run between $2,000 to $2,500. It is imperative that you hire an experienced Arizona drug possession attorney who can help you navigate the TASC program and its strict requirements. Once TASC is completed, your case will be completely dismissed.
If you have any prior drug conviction for sale or transportation of drugs, promoting prison contraband, driving under the influence of drugs, or any methamphetamine drug-related offense, then you are ineligible under Prop 200 and could face jail and/or prison time.
If you are not eligible under Prop 200, then the following sentence could be imposed for the possession or use of dangerous drugs, which is a Class 4 felony:
Probation with up to 1 year in jail; if the judge orders prison then 1 to 3.75 years in prison.
2 to 7.5 years in prison.
6 to 15 years in prison.
In addition to probation and possible jail/prison time, you will be subject to fines, court-ordered counseling, and community service hours. Also, if the amount of drugs in your possession is greater than the statutory “threshold” amounts, you could be charged and prosecuted for possession with the intent to sell.
If you are not eligible under Prop 200, you will be sentenced to a Class 6 felony for possession of drug paraphernalia. You could face the following punishments:
Probation with up to 1 year in jail; if the judge orders prison then 4 months to 2 years in prison.
9 months to 2.75 years in prison.
2.25 years to 5.75 years in prison.
Under ARS 13-3407(A)(2) and ARS 13-3407(A)(7), it is unlawful to knowingly possess or transport a dangerous drug for sale. In determining whether someone is possessing or transporting a drug for sale, the State looks at the amount of drug in their possession. If the amount of drug in the person’s possession meets or exceeds the “threshold amount” defined in the statute, it is presumed that the person possessed the drug with the intent to sell them.
9 grams
9 grams
3/4 gram
1 gram
1/2 milliliter or 50 dosage units in blotter form
4 grams or 50 milliliters
More than 2 pounds
Even if the threshold amount is not met, the prosecution will look at other factors to try to prove you had the intent to sell.
If the amount was below the threshold amount:
Probation with up to 1 year in jail (if probation, you will be required to complete 240 hours of community service). If the judge orders prison, then 2 to 8.75 years.
If the amount is above the threshold amount:
3 to 12.5 years in prison.
4.5 to 23.25 years in prison.
10.5 to 35 years in prison.
At Oliverson Law DUI & Criminal Defense, your case is backed by unmatched experience: a former judge who understands how decisions are made, an ex-prosecutor who knows how the state builds cases, and a retired police officer who knows law enforcement tactics inside and out.
Over the length of their careers, the attorneys at Oliverson Law have helped thousands of people successfully fight their criminal charges.
As former prosecutors, police officers, and judges, our attorneys have experience on all sides of the law. This insight allows them to better defend your case.
Arizona law provides a lengthy list including methamphetamine, cocaine, fentanyl, opium, mushrooms, and various prescription painkillers and antidepressants.
Prop 200 prohibits judges from sending first- or second-time nonviolent drug offenders to prison. Instead, the judge may only sentence you to probation and mandatory drug treatment.
TASC is an adult deferred prosecution program that takes one to two years to complete. Upon completion, your case will be completely dismissed. It requires group counseling, self-help meetings, substance abuse counseling, and random urine tests.
Threshold amounts vary by drug: Methamphetamine (9g), Powdered Cocaine (9g), Rock Cocaine (3/4g), Heroin (1g), LSD (1/2 mL or 50 dosage units), PCP (4g or 50 mL), Marijuana (2+ lbs).
Yes. Depending on the drug, your history, and the circumstances, charges may be reduced or dismissed through diversion programs, Prop 200 protections, or challenging evidence.
Avoid high penalties and protect your future. Our former judge, prosecutor, and police officer team is ready to defend you.
