Arizona drug crime defense attorney Derek Oliverson defends clients facing possession, trafficking, manufacturing, and distribution charges across all 15 Arizona counties. As a former prosecutor, Derek understands how drug cases are built and knows how to dismantle them. Call (480) 582-3637 for a free case evaluation.
Arizona classifies drug offenses under ARS Title 13, Chapter 34. Each charge carries different penalties depending on the substance, quantity, and alleged intent. Derek Oliverson has defended every type of drug charge listed below.
Possession of Dangerous Drugs — The most commonly charged drug offense in Arizona. Under ARS 13-3407, possession of any amount of a dangerous drug (methamphetamine, cocaine, heroin, fentanyl, LSD) is a Class 4 felony. First-time offenders with amounts below the threshold may qualify for TASC diversion. Learn more about drug possession defense.
Drug Trafficking / Transportation — Under ARS 13-3405 through 13-3408, transporting drugs for sale across Arizona is a Class 2 felony. Prosecutors often charge trafficking based on quantity alone, even without direct evidence of sale. The I-10 and I-40 corridors through Maricopa and Mohave counties see heavy enforcement. Learn more about trafficking defense.
Manufacturing of Dangerous Drugs — Manufacturing or producing any dangerous drug is a Class 2 felony under ARS 13-3407. This includes methamphetamine production, fentanyl synthesis, and operating clandestine drug labs. Sentences range from 3 to 12.5 years and charges often carry mandatory prison time. Learn more about manufacturing defense.
Possession with Intent to Distribute — When officers find drug paraphernalia consistent with distribution (scales, baggies, large cash amounts) alongside controlled substances, prosecutors upgrade possession to a Class 2 felony. The quantity seized and how it is packaged are the primary factors. Learn more.
Prescription Drug Fraud — Obtaining controlled substances through forged prescriptions, doctor shopping, or fraudulent pharmacy transactions is a Class 6 felony under ARS 13-3406. With Arizona’s ongoing opioid crisis, Maricopa County prosecutors have increased enforcement. Learn more.
Marijuana Offenses — Arizona legalized recreational marijuana for adults 21+ under Proposition 207, but criminal exposure remains. Possessing more than 1 ounce (or 5 grams of concentrate), selling without a license, driving under the influence, and possession by anyone under 21 are still criminal offenses under Arizona law.
Arizona imposes some of the most severe drug penalties in the country. Under ARS 13-3407 and 13-3408, sentences depend on the drug schedule, quantity, and whether the amount exceeds Arizona’s statutory threshold amount for mandatory prison.
| Charge | Class | Potential Sentence |
|---|---|---|
| Drug Possession (personal use) | Class 4 Felony | 1 – 3.75 years |
| Possession with Intent | Class 2 Felony | 3 – 12.5 years |
| Drug Trafficking | Class 2 Felony | 3 – 12.5 years |
| Manufacturing | Class 2 Felony | 3 – 12.5 years |
| Prescription Fraud | Class 6 Felony | 0.33 – 2 years |
| Marijuana Over 2 oz | Class 6 Felony | 0.33 – 2 years |
Sentences increase for prior felony convictions. Threshold amounts trigger mandatory prison with no probation eligibility. Sentences listed are presumptive ranges for first-time offenders.
Every hour matters in a drug case. Evidence can be challenged, charges can be reduced, and diversion programs may be available — but only if you act early. Call Oliverson Law DUI & Criminal Defense for a free case evaluation.
Derek Oliverson spent years building drug cases as a prosecutor. He knows the weak points. Every drug charge has procedural requirements that, when violated, can lead to suppression of evidence or dismissal of charges entirely.
The Fourth Amendment protects against warrantless searches. If officers searched your vehicle, home, or person without probable cause, a valid warrant, or a recognized exception, any drugs found can be suppressed. We file motions to suppress in every case where police overstepped.
From the moment drugs are seized to when they are tested at the crime lab, every transfer must be documented. Gaps in the chain of custody — unsigned evidence logs, unexplained delays, or missing transport records — can render lab results inadmissible.
Arizona DPS crime labs process thousands of drug samples annually. Contaminated testing equipment, analyst errors, and backlogs create opportunities to challenge results. We request full lab reports, analyst qualifications, and equipment calibration records.
Prosecutors must prove you knew the drugs were there and had control over them. Being in a car or home where drugs are found does not automatically mean you possessed them. We challenge constructive possession by showing the drugs belonged to someone else or that you had no knowledge of their presence.
Arizona law sets threshold amounts that trigger mandatory prison sentences. If the quantity exceeds the threshold, the charge becomes non-probation eligible. For example, the methamphetamine threshold is 9 grams, cocaine is 750 milligrams, and heroin is 1 gram. Below threshold, diversion or probation may be possible. Above threshold, the court must impose prison time.
Yes, if the amount is below the threshold. Arizona Proposition 200 (TASC) allows first-time personal-use drug offenders to receive treatment and probation instead of prison. This applies to possession charges, not trafficking or manufacturing. Successful completion results in dismissed charges.
Arizona legalized recreational marijuana for adults 21+ with Proposition 207. However, possessing more than 1 ounce (or 5 grams of concentrate), driving under the influence of marijuana, selling without a license, and possession by minors remain criminal offenses.
Drug court is an alternative sentencing program for non-violent drug offenders. Participants undergo supervised treatment, regular drug testing, court appearances, and counseling over 12 to 18 months. Maricopa County operates one of Arizona’s largest drug court programs. Successful completion can result in charges being dismissed or reduced.
Drug PossessionDrug TraffickingDrug ManufacturingPossession w/ IntentPrescription FraudMarijuana Offenses
Firm background matters in Arizona drug cases. Founder Derek Oliverson served as a police officer in Henderson, NV; a prosecutor in Mohave County, AZ; a judge at Page Magistrate Court handling 3,000+ cases/year; and a judge at Glendale City Court in 2012 handling 40,000+ cases/year. He left the bench in 2014 and founded Oliverson Law in 2009. Attorney David Tangren, educated at the University of Arizona law and a former prosecutor with the Pima County Attorney’s Office, adds prosecutor-side perspective useful for drug crime negotiations statewide.
Whether your case involves possession charges from a traffic stop, trafficking allegations on the I-10 corridor, or manufacturing charges in Maricopa County, early counsel helps protect rights and preserve evidence before your first court appearance.
Call from anywhere in Arizona and get immediate guidance on your drug charge. Oliverson Law DUI & Criminal Defense has maintained statewide practice since 2009 and holds a 4.9/5 rating (150+ reviews).
