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Posted on June 19, 2025 in Arizona Revised Statutes,Drug Crimes,Drug Possession
Possessing a narcotic drug in Arizona is illegal. The Arizona law that prohibits possession of narcotic drugs is Arizona Revised Statutes (ARS) 13-3408.
In this post we will take a detailed look at ARS 13-3408, focusing on how it treats narcotic drug possession. In particular, we will cover:
If you have been charged with possession of narcotic drugs in Arizona, please call AZ Defenders at (480) 456-6400 or use our contact form.
Arizona law makes possession of dangerous drugs and narcotic drugs illegal under two statutes; the statute making dangerous drug possession illegal is ARS 13-3407. It is easy to become confused between what is a dangerous drug and what is a narcotic drug because often narcotic drugs are dangerous to possess or to use.
Generally speaking, narcotics are drugs used to dull the senses and to alleviate pain. Classic examples of narcotics are opioid drugs, including opium, morphine, and heroin. Another characteristic of narcotic drugs is that many of them can lead to dependence.
ARS 13-3401(20) identifies 95 kinds of narcotic drugs, including opium. ARS 13-3401(21) further defines 34 kinds of opioids.
Aside from the opioids mentioned above, examples of common narcotic drugs under these definitions include:
ARS 13-2408 describes three kinds of possession in connection with narcotic drugs:
Each of these kinds of possession carries different kinds of penalties.
Possession of narcotics in Arizona is a felony. The distinction, depending on the kind of possession, is what level of felony offense is involved:
These penalties are:
| Violation | Class of Offense | Penalties |
| Possession for use | Class 4 felony | First offense: ProbationSecond offense: ProbationThird offense: up to 6 to 15 years in prisonSee conditions for probation below |
| Possession for sale | Class 2 felony | First offense: 3 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 narcotic 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 narcotic drugs include:
Any Arizona felony conviction carries the potential for a maximum fine of $150,000 plus any applicable statutory surcharges.
For any conviction based on possession of a narcotic drug, the court shall order payment of a fine of not less than $2,000 or three times the value of the narcotic 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 narcotic drug, then the court must place you on probation and cannot sentence you to prison.
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).
If you are convicted a second time of personal possession or use of a narcotic drug, then the court may include additional conditions of probation it deems necessary, including intensified drug treatment, community restitution, intensive probation, house arrest, or any other action within the jurisdiction of the court.
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 if you reject probation. In these cases, the following prison sentences may apply:
Under ARS 13-3408(C), for offenses involving possession for use or to possessing equipment or chemicals to manufacture, probation is possible if the following conditions are met:
Anyone who is on probation or release for possession of a narcotic drug is prohibited from using other drugs like marijuana, a dangerous or narcotic drug, or prescription drugs except as lawfully administered by a licensed health care practitioner.
Anyone who is on probation or release for a narcotic drug offense must also submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections during the duration of the term of probation, 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 13-3408(D) a person convicted of possession for sale of a narcotic drug at or above the statutory threshold amount 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 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 narcotic 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 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 you to deal with the criminal charges and get them dismissed without a conviction on your criminal record.
If you successfully complete diversion, then the underlying charges may be reduced or even dismissed. This offers the additional potential benefit of not having a drug crime conviction on your public record.
There are several possible legal defenses available to a possession of narcotic drug charge.
A key element of any narcotic drug prosecution against you is that you knowingly possessed the narcotic 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 narcotic 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 excuse that could lead to acquittal.
Law enforcement must conduct searches for narcotic 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, if required under the circumstances, can result in any evidence obtained in an illegal search inadmissible in a court of law. Suppressed evidence can lead to insufficient evidence and can be damaging to the prosecution’s case against you.
However, 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 the 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 the evidence.
If you are arrested in connection with a narcotic 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, then this can lead to suppression of your statements from being admitted in court and can result in the case being dismissed.
Being charged with possessing narcotic drugs is a serious matter; even if you are not accused of being a dealer or possessing equipment for manufacturing a narcotic drug, the potential penalty for simple possession is still a Class 4 felony offense.
A felony conviction remains on your public record long after you complete any prison time and sentencing requirements:
AZ Defenders has the experienced criminal defense attorneys you need if you are facing a narcotic 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 to schedule a free consultation today.