Drug Possession in Arizona

Experienced Arizona drug possession lawyers fighting to protect your future and your rights.

Arizona Drug Possession Lawyer

If you’re charged with an Arizona drug offense, you need the help of a former police officer, prosecutors, and judge on your side! Call us now at (480) 582-3637 for a free consultation.

What is Possession of a Dangerous Drug?

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 a Class 4 felony.

Proposition 200 & Possession or Use of Dangerous Drugs

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. Once completed, your case will be completely dismissed.

Non-Prop 200 Punishments (Class 4 Felony)

  • First offense: Probation with up to 1 year in jail; if prison, 1 to 3.75 years
  • Second offense: 2 to 7.5 years in prison
  • Third offense: 6 to 15 years in prison

Possession of Drug Paraphernalia (Class 6 Felony)

  • First offense: Probation with up to 1 year in jail; if prison, 4 months to 2 years
  • 1 prior felony: 9 months to 2.75 years in prison
  • 2 prior felonies: 2.25 to 5.75 years in prison

Arizona Possession with Intent to Sell

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. If the amount exceeds the threshold amount, it is presumed that the person possessed the drug with intent to sell.

Threshold Amounts

  • Methamphetamine: 9 grams
  • Powdered Cocaine: 9 grams
  • Rock Cocaine: 3/4 gram
  • Heroin: 1 gram
  • LSD: 1/2 milliliter or 50 dosage units
  • PCP: 4 grams or 50 milliliters
  • Marijuana: More than 2 pounds

Penalties for Possession/Transportation for Sale

Below threshold:

  • First offense: Probation with up to 1 year in jail (240 hours community service); if prison, 3 to 12.5 years

Above threshold:

  • First offense: 3 to 12.5 years in prison
  • 1 prior felony: 4.5 to 23.25 years
  • 2 prior felonies: 10.5 to 35 years

Why Choose Oliverson Law?

Our team of attorneys includes a former judge, prosecutors, and police officer. This combination of experience allows us to anticipate the moves and strategy of the prosecution and fight for the best possible result.

Frequently Asked Questions

Arizona treats drug offenses seriously. Penalties depend on the type and amount of drug, your criminal history, and whether Proposition 200 applies. Contact a defense attorney immediately to protect your rights.

Yes. The TASC program is an adult deferred prosecution program available in many Arizona courts. It takes one to two years to complete and includes counseling, self-help meetings, and random drug tests. Upon completion, your case is completely dismissed.

Proposition 200, passed in 1996, prohibits judges from sentencing first- or second-time nonviolent drug offenders to prison. Instead, the judge may only impose probation and mandatory drug treatment. However, if you have prior drug convictions for sale, transportation, or methamphetamine offenses, you may be ineligible.

Protect Your Future Today

Our team of former judges, prosecutors, and police officers is ready to fight for you. Available 24/7 throughout Arizona.

(480) 582-3637Request a Free Consultation


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