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Posted on June 27, 2025 in Arizona Revised Statutes,Drug Crimes,Drug Possession
In Arizona, it is illegal to manufacture, possess, obtain, use, sell, import, transport for sale, or administer a dangerous drug.
Arizona Revised Statutes (ARS) 13-3407 is the Arizona law that applies to dangerous drug offenses. In this article, we focus on how this law relates to the possession of a dangerous drug. We will consider:
If you have been charged with possession of a dangerous drug, please call AZ Defenders at (480) 456-6400 or use our contact form.
ARS 13-3401(6) lists the kinds of drugs that are considered dangerous under Arizona law. This list includes 224 specific drugs in categories that include hallucinogens, cannabimimetic substances, stimulants, and anabolic steroids.
We cannot list here all of the drugs considered dangerous in Arizona, but here are some specific examples of common dangerous drugs you may already have heard of:
Note that some drugs that you may consider dangerous by their reputation are not officially classified as “dangerous drugs” under Arizona ARS 13-3401, but are still illegal drugs under a different subsection of ARS 13-3401.
For example, cannabis, opioids like morphine and heroin, cocaine, fentanyl, and ephedrine are classified as “narcotic drugs” under Arizona law instead of dangerous drugs.
Possessing a dangerous drug can mean different things, and the difference can be significant.
Under ARS 13-3407(A), it is illegal to possess a dangerous drug for any of the following purposes:
Arizona law defines possession as knowingly having control over the dangerous drug.
Factors that indicate intent to sell include the presence of packaging materials, large quantities of the dangerous drug, or evidence of sales transactions.
You can also be charged with possession of equipment, precursor chemicals, or both, used to manufacture a dangerous drug.
As we will see below, the significance of your purpose of possession is in the punishment you may face if you are convicted under ARS 13-3407(B).
Depending on the reason for possession, the punishments under ARS 13-3407(B) are as follows:
This is nominally a Class 4 felony under ARS 13-3407(B)(1).
This can be reduced to a Class 1 misdemeanor offense if the following conditions are met:
Alternatively, the court may opt to suspend a felony or misdemeanor sentence for probation instead.
This is a Class 2 felony under ARS 13-3407(B)(2).
Under ARS 13-3407(B)(3) this is usually a Class 3 felony, unless the drug to be manufactured is methamphetamine, in which case it is a Class 2 felony.
| Violation | Class of Offense | Penalties |
| Possession for use | Class 4 felony | First offense: ProbationSecond offense: ProbationThird offense: 6 to 15 years in prisonSee conditions for probation below |
| Possession for sale | Class 2 felony | First offense: 2 to 12.5 years in prisonSecond offense: 4.5 to 23 years in prisonThird offense: 10.5 to 35 years in prison |
| Possession of manufacturing equipment or precursor chemicals | Class 3 felony | First offense: 2 to 8.75 years in prisonSecond offense: 3.25 to 16.25 in prisonThird offense: 7.5 to 25 in prisonProbation eligible (see conditions below) |
The severity of sentencing for possessing a dangerous drug for sale depends in part on how much of the substance is involved at the time of arrest. This is known as the statutory threshold. Enhanced penalties apply if the statutory threshold is exceeded.
Examples of statutory threshold quantities for dangerous drugs include:
Any Arizona felony conviction carries the potential for a maximum fine of $150,000 plus applicable statutory surcharges
For any conviction based on possession of a dangerous drug, the court shall order payment of a fine of not less than $1,000 or three times the value of the dangerous drugs as the court determines, whichever is greater, up to a maximum statutory amount.
This mandatory fine is not subject to discretionary suspension by the court.
Pursuant to ARS 13-901.01(A), if you are convicted of the personal possession or use of a controlled substance or drug paraphernalia, including a dangerous drug, then the court must place you on probation and cannot sentence you to prison unless the drug involved is methamphetamine.
If this is your first ever drug offense conviction, then you cannot receive any jail time as a condition of your probation pursuant to Arizona Revised Statutes § 13-901.01(E). Again, this is only unless the drug involved is methamphetamine.
If you are convicted a second time of personal possession or use of a dangerous drug, then the court may include additional conditions of probation it deems necessary, including intensified drug treatment, community restitution, intensive probation, home arrest, or any other action within the jurisdiction of the court. Again, unless the drug involved is methamphetamine.
Note that you are not eligible for probation if you already have two prior personal use convictions, or if you refuse drug treatment as a term of probation, or the drug being possessed was methamphetamine, or if you reject probation. In these cases, the following Class 4 felony prison sentences may apply:
Under ARS 13-3407(B), however, a Class 4 felony-level offense can be reduced to a Class 1 misdemeanor on a motion by the prosecution if:
Under ARS 13-3407(C), for offenses involving possession to manufacture, probation is possible if the following conditions are met:
Anyone who is on probation or release for possession of a dangerous drug is prohibited from using other drugs like marijuana, a dangerous or narcotic drug, or prescription drugs except as lawfully prescribed and administered by a licensed health care practitioner.
Anyone on probation or release for a dangerous drug offense must also submit to drug testing administered under the supervision of the county or state department of corrections during the duration of the probation term or before the expiration of the sentence imposed.
If the court grants probation, then you will be subject to a community service requirement (also known as community restitution) of at least 360 hours. This service must be performed with any of the following:
Under ARS 13-3407(F) a person convicted of possession for sale or manufacture of methamphetamine is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court. He or she is, however, eligible for early release credit pursuant to section ARS 41-1604.07.
In some cases, a diversion program may be possible as an alternative to incarceration for a dangerous drug charge. The prosecutor decides who is eligible for diversion. There is no legal requirement that a defendant receive diversion as part of any plea negotiation. Diversion is usually not available if the drug involved is methamphetamine.
Diversion offers a chance to avoid criminal penalties by focusing on rehabilitation instead. Diversion programs feature a combination of drug treatment, drug counseling, education, and community service.
Enrolling in a diversion program allows a defendant to deal with the criminal charges and get them dismissed without a conviction on the person’s criminal record.
If you successfully complete diversion, then the underlying charges may be reduced or even dismissed.
There are several possible legal defenses available to a possession of dangerous drug charge.
A key element of any dangerous drug prosecution against you is that you knowingly possessed the dangerous drug.
The prosecuting attorney must prove beyond a reasonable doubt that you knew of the drugs involved and had dominion and control over them, which is another way of saying that you have absolute control or power over them.
This defense can be effective in cases where police discovered the dangerous drug in a shared space, like a vehicle or a residence, where multiple individuals had access to it.
If you can cast reasonable doubt that you knew about the drugs, or that you had control over them, this can be a valid defense that could lead to acquittal.
Law enforcement must conduct searches for dangerous drugs in a way that does not violate your rights under the Fourth Amendment of the U.S. Constitution.
Depending on the circumstances, police may need a search warrant to look for drugs; the lack of such a warrant makes any evidence obtained in the search inadmissible as evidence against you. Unreasonable searches without a search warrant and/or illegal searches can result in suppression of the evidence found by law enforcement and can be detrimental to the prosecution’s case against you.
Not all searches require a warrant. Your criminal defense attorney will need to carefully investigate the facts of your case to know whether an illegal search and seizure defense is possible.
Even when the police properly conduct a search and seizure, problems can still arise with how they handle evidence in their possession. This is known as “chain of custody”.
Any irregularities in this chain, such as improperly labeling, storing, or tracking evidence, can cast reasonable doubt on the validity of the evidence against you.
Your criminal defense lawyer can work with experts like forensic analysts to examine the chain of custody and identify any weaknesses in the prosecution’s handling of their evidence.
If you are arrested in connection with a dangerous drug offense, then the police must observe your Miranda rights, including your right not to answer questions while in custody without the presence of your lawyer.
If the police fail to properly inform you of your Miranda rights or fail to observe those rights while you are in custody, your charges may be dismissed.
Being charged with possessing dangerous drugs is a serious matter; even if you are not accused of being a dealer or drug manufacturer, simple possession can still be a Class 4 felony offense.
A felony conviction follows you on your public record long after you complete any jail time and sentencing requirements a court may impose on you under the legal system:
At AZ Defenders, we have the experienced criminal defense attorneys you need if you are facing a dangerous drug offense. Our experienced legal team has more than 200 years of combined experience successfully defending clients charged with drug possession and other criminal offenses.
Call us at (480) 456-6400 or use our online contact form to speak with one of our drug possession attorneys and schedule a free consultation today.