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Tempe
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Drug Possession Charges in Arizona?
Your Freedom Can't Wait.
Narcotic drug possession under ARS 13-3408 is a felony in Arizona even for a first offense. Our defense lawyers challenge every element of the prosecution’s case. Call 24/7 for a free consultation.
Narcotic drug possession under ARS 13-3408 is a felony in Arizona even for a first offense. Our defense lawyers challenge every element of the prosecution’s case. Call 24/7 for a free consultation.
Unlike most states, Arizona doesn’t treat simple drug possession as a misdemeanor. Under ARS 13-3408, possessing even a small amount of a narcotic drug for personal use is a Class 4 felony. The good news: Arizona law provides real protections for first and second-time offenders, and the prosecution still has to prove every element of their case beyond a reasonable doubt. The outcome depends on the defense you build and how fast you build it.
| Aspect | Details |
|---|---|
| Statute | ARS § 13-3408 |
| Classification | Always a Felony |
| Simple Possession/Use | Class 4 Felony |
| Possession for Sale | Class 2 Felony |
| Manufacturing | Class 2 Felony |
| Transport for Sale | Class 2 Felony |
| Mandatory Fine | $2,000 minimum or 3x the drug value (whichever is greater) |
| Prop 200 Eligible | Yes, for 1st and 2nd personal possession offenses |
| Probation Available | Yes, for personal possession under certain conditions |
ARS 13-3408 is Arizona’s primary narcotic drug statute. It doesn’t just cover possession — it criminalizes seven distinct activities, each carrying a different felony classification.¹ Under ARS 13-3408(A), a person shall not knowingly:
Arizona defines narcotic drugs separately from “dangerous drugs.” ARS 13-3401(20) identifies more than 100 substances classified as narcotics.² Common narcotic drugs under Arizona law include:
That last one surprises people. While Arizona legalized recreational marijuana under Prop 207, marijuana concentrates — wax, shatter, vape cartridges — have been treated as narcotic drugs under ARS 13-3408 based on how the extraction process transforms the plant material and how the resulting substance falls within the narcotic drug definitions in ARS 13-3401.³ Without a valid medical marijuana card, possession of a THC concentrate could result in a Class 4 felony charge rather than a simple marijuana offense. Worth noting: methamphetamine, LSD, and ecstasy are NOT narcotics under Arizona law. They fall under ARS 13-3407 as “dangerous drugs,” a separate statute with its own penalties.
To convict you under ARS 13-3408, the prosecution must prove each of these elements beyond a reasonable doubt:⁴ 1. You possessed a narcotic drug. Possession can be: actual (the drug was on your person), constructive (found in a place you controlled, like your car or home), or joint (shared with others). Proximity alone is not enough — the prosecution must show you had dominion and control over the substance. 2. You acted knowingly. The prosecution must prove two things: that you knew the substance was in your possession and that you knew it was a narcotic drug. If drugs were hidden in a borrowed car, left in someone else’s jacket, or found in a shared apartment, this element becomes difficult for the state to prove. 3. The substance was actually a narcotic drug. The prosecution must confirm the substance through crime lab testing. The state cannot convict based on appearance, officer testimony, or field test results alone. Every element matters. Successfully challenging even one is enough to defeat the charge.
Sentencing under ARS 13-3408 depends on three factors: the specific offense, your prior criminal history, and the quantity of drugs involved.
For first-time offenders with no prior felonies:
| Sentence Range | Duration |
|---|---|
| Mitigated | 1 year |
| Minimum | 1.5 years |
| Presumptive | 2.5 years |
| Maximum | 3.75 years |
However — most first-time personal possession offenders will never see prison because of Proposition 200.
Prop 200, codified as ARS 13-901.01, is one of the most important protections in Arizona drug law.⁵ First offense (personal possession): The court must suspend your sentence and place you on probation. No prison. If you violate probation, the court still cannot impose incarceration unless you committed a new drug offense or violated a drug treatment order. You’ll complete drug treatment or education, perform at least 360 hours of community restitution, and pay the mandatory $2,000 minimum fine. Second offense (personal possession): The court must still grant probation instead of prison. However, the judge can impose additional conditions including intensified drug treatment, community restitution, intensive probation, or home arrest. Third offense: Prop 200 no longer applies. Standard felony sentencing guidelines kick in, and prison is on the table. You are NOT eligible for Prop 200 if:
If prosecutors charge you with possession for sale or transport for sale, the stakes jump dramatically. Prop 200 does not apply. First-time Class 2 felony sentencing under ARS 13-702 ranges from a mitigated 3 years to an aggravated 12.5 years in prison, with a presumptive sentence of 5 years.
Arizona law sets threshold amounts for narcotic drugs under ARS 13-3401(36).⁶ If the quantity meets or exceeds the threshold, you lose probation eligibility entirely for sale and trafficking charges — meaning mandatory prison with no possibility of early release except earned release credits. Examples:
Under ARS 13-3408(F), selling 200 grams or more of fentanyl triggers enhanced sentencing of 5 to 15 years for a first offense and 10 to 20 years for a subsequent offense. Under ARS 13-3408(H), possessing 200+ grams of fentanyl in a motor vehicle carries the same enhanced range.⁷
Every conviction under ARS 13-3408 carries a mandatory fine: the greater of $2,000 or three times the value of the drugs involved. Judges cannot suspend or reduce this fine. Surcharges added on top push the actual amount higher.⁸
A felony drug conviction doesn’t end when your sentence does.
Drug possession cases are built on evidence that can be challenged. The prosecution has to prove knowledge, possession, and the identity of the substance — and each element creates an opening.
You didn’t know the drugs were there. They belonged to someone else, were left in a borrowed vehicle, or were in a shared space. If the prosecution can’t prove you knew about the substance, the charge fails.
Being in the same room, car, or apartment as drugs doesn’t mean you possessed them. We challenge whether the prosecution can prove you had dominion and control over the substance versus someone else who had access to the same space.
The Fourth Amendment protects you from unreasonable searches. If police searched your person, vehicle, or home without a valid warrant, without consent, or outside the scope of a lawful stop, the evidence may be suppressed. When drug evidence gets thrown out, the case usually collapses.
The prosecution must prove the substance is actually a narcotic drug through lab testing. Results can be challenged on:
If you possessed a narcotic drug pursuant to a valid prescription, this is an affirmative defense. Even if the prescription had lapsed or you didn’t have it on you at arrest, documentation showing you were legally prescribed the medication is relevant.
Prosecutors sometimes charge simple possession as “possession for sale” based on quantity, packaging, or the presence of scales or cash. We challenge these assumptions. The distinction between a Class 4 felony (simple possession) and a Class 2 felony (possession for sale) can mean the difference between mandatory probation and years in prison.
Narcotic drug charges frequently overlap with other offenses:
A narcotic drug charge in Arizona is a felony — but a charge is not a conviction. Arizona law provides real protections, from Prop 200 mandatory probation to diversion programs to constitutional challenges against unlawful searches. The question is whether you have someone in your corner who knows how to use them. At Matthew Lopez Law, our defense attorneys handle drug cases across Arizona. We know how prosecutors build these cases, we know where the weaknesses are, and we fight to protect your future. Call us 24/7 for a free consultation. We’ll review your case and start building your defense.
Every minute counts when you’re facing criminal charges in Arizona. Whether you were just arrested or have court next week, our team is ready to start building your defense right now. We offer free consultations and can start protecting your rights today with flexible payment plans that work for your budget.
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