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Arizona Drug Threshold Amounts Charges in Arizona?
Your Freedom Can't Wait.
Arizona Drug Threshold Amounts is a criminal offense in Arizona that carries serious penalties. Contact Matthew Lopez Law for a free consultation to discuss your case.
The amount of drugs in your possession changes everything about your case.
In Arizona, the difference between a gram under the threshold and a gram over it can mean the difference between probation eligibility and mandatory prison time. Under ARS 13-3401(36), the state has set specific weight and measurement cutoffs for the most commonly charged controlled substances.
If the drugs in your case meet or exceed those amounts, prosecutors will use it as presumptive evidence that you intended to sell, and the sentencing consequences get significantly worse.
| Substance | Threshold Amount | Statute Reference |
|---|---|---|
| Heroin | 1 gram | ARS 13-3401(36)(a) |
| Cocaine (including hydrolyzed cocaine) | 9 grams | ARS 13-3401(36)(b) |
| PCP (phencyclidine) | 4 grams or 50 milliliters | ARS 13-3401(36)(c) |
| Methamphetamine (including liquid suspension) | 9 grams | ARS 13-3401(36)(d) |
| Amphetamine (including liquid suspension) | 9 grams | ARS 13-3401(36)(e) |
| LSD (lysergic acid diethylamide) | 0.5 milliliters or 50 blotter dosage units | ARS 13-3401(36)(f) |
| Marijuana | 2 pounds | ARS 13-3401(36)(g) |
| Fentanyl or fentanyl mimetic substances | 9 grams | ARS 13-3401(36)(h) |
| Combinations of listed substances | Calculated per ARS 13-3420 | ARS 13-3401(36)(i) |
| Any unlisted substance or combination | Market value of $1,000 or more | ARS 13-3401(36)(j) |
Arizona’s threshold amounts are the statutory weight or measurement cutoffs that separate personal-use drug charges from the most serious drug offenses in the state.
They are defined in ARS 13-3401(36) and serve two critical legal purposes.
First, threshold amounts act as indicia of intent to sell.
When the quantity of drugs in your possession meets or exceeds the threshold, prosecutors will argue that the amount alone indicates you intended to distribute, sell, or transport those drugs.
You do not need to be caught in the act of selling. You do not need to have cash, baggies, scales, or any other so-called “drug sale indicators.” The weight alone is enough for prosecutors to pursue possession-for-sale charges under ARS 13-3407 (dangerous drugs) or ARS 13-3408 (narcotic drugs).
Second, threshold amounts trigger mandatory prison sentencing.
Under ARS 13-3407(D) and ARS 13-3408(D), if the amount of drugs involved equals or exceeds the threshold, a conviction for possession for sale, manufacturing, or transportation for sale makes you ineligible for:
In plain terms: at or above the threshold, you are going to prison if convicted. There is no judicial discretion to offer probation or an alternative sentence.
One of the most misunderstood aspects of threshold amounts is how Arizona defines “weight.”
Under ARS 13-3401(39), weight includes the entire weight of any mixture or substance that contains a detectable amount of the unlawful drug. This is not the weight of the pure substance alone.
Additional weight rules under ARS 13-3401(39):
Heroin has the lowest threshold of any specifically listed substance in Arizona.
One gram is roughly the weight of a single paperclip.
Because heroin is classified as an opium derivative under ARS 13-3401(21)(m) and as a narcotic drug, possession is charged under ARS 13-3408.
At or above one gram, you face a Class 2 felony for possession for sale with mandatory prison time.
Cocaine, including hydrolyzed cocaine (crack), carries a threshold of nine grams.
Cocaine is derived from coca leaves and classified under ARS 13-3401(5) and ARS 13-3401(20) as a narcotic drug.
Charges fall under ARS 13-3408.
Remember that the nine-gram threshold includes the entire weight of the mixture, not the pure cocaine content.
PCP (phencyclidine) is classified as a dangerous drug under ARS 13-3401(6)(d)(lvi).
The threshold is four grams in solid form or 50 milliliters in liquid form.
Charges are brought under ARS 13-3407.
Methamphetamine, including liquid suspension forms, has a threshold of nine grams.
Meth is classified as a dangerous drug under ARS 13-3401(6)(c)(xxxviii) and charged under ARS 13-3407.
Methamphetamine carries some of the harshest treatment in Arizona’s drug statutes.
Under ARS 13-3407(E), meth offenses have their own enhanced sentencing structure that applies regardless of whether the amount exceeds the threshold.
Additionally, methamphetamine is specifically excluded from Proposition 200 protections. First and second-time personal possession offenders who would otherwise qualify for mandatory probation under ARS 13-901.01 are ineligible if the drug involved is meth.
Amphetamine, including liquid suspension, shares the same nine-gram threshold as methamphetamine.
It is classified as a dangerous drug under ARS 13-3401(6)(c)(vi) and charged under ARS 13-3407.
LSD presents a unique threshold calculation.
The state measures it either by volume (half a milliliter) or by dosage unit (50 blotter units), and the charge is based on whichever calculation produces the more serious offense.
LSD is classified as a dangerous drug under ARS 13-3401(6)(a)(xx).
Under the weight rule in ARS 13-3401(39), the weight of the blotter paper or carrier medium is included in the total weight calculation.
Marijuana has the highest threshold by weight at two pounds.
Under ARS 13-3401(19), marijuana refers to parts of the cannabis plant from which the resin has not been extracted.
It is charged under ARS 13-3405.
Important distinctions after Proposition 207 (ARS 36-2850 et seq.):
Adults 21 and older can legally possess up to one ounce of marijuana (or five grams of concentrate). Possession between one ounce and two pounds without a valid reason can still result in criminal charges. Above two pounds, the threshold triggers the same mandatory-prison consequences as other drugs.
Also note that marijuana concentrates (hash oil, wax, shatter, edibles beyond legal limits) are classified as “cannabis” under ARS 13-3401(4), which falls under the narcotic drug definition in ARS 13-3401(20)(x). That means concentrate offenses are charged under ARS 13-3408 as narcotic drug offenses, not under the marijuana statute.
Fentanyl and all fentanyl mimetic substances share a nine-gram threshold.
Fentanyl is classified as a narcotic drug under ARS 13-3401(20)(zz), and fentanyl mimetic substances are covered under ARS 13-3401(20)(aaa).
Charges fall under ARS 13-3408.
Arizona treats fentanyl with particular severity.
Under ARS 13-3408(F), selling 200 or more grams of fentanyl to another person is a Class 2 felony with enhanced sentencing: a minimum of 5 calendar years, a presumptive term of 10 calendar years, and a maximum of 15 calendar years for a first offense. A repeat offender convicted of the same violation faces 10 to 20 years with a 15-year presumptive term.
Under ARS 13-3408(H), a person convicted of both possession for sale and transportation for sale involving 200 or more grams of fentanyl in a motor vehicle faces a minimum of 5 calendar years, a presumptive term of 10 calendar years, and a maximum of 15 calendar years for a first offense. Repeat offenders face 10 to 20 years with a 15-year presumptive term.
For any controlled substance not specifically listed in subdivisions (a) through (h), or for any combination involving an unlisted substance, the threshold is a market value of at least $1,000.
This is a catch-all provision designed to cover newer synthetic drugs, prescription medications, and other controlled substances that do not have a specific weight threshold.
When a person possesses a combination of two or more listed substances, the threshold calculation follows the formula set out in ARS 13-3420.
The statute uses a proportional calculation: if you possess 50% of the threshold for one substance and 60% of the threshold for another, the combined total exceeds 100% of a threshold, and the mandatory sentencing provisions apply.
Possessing drugs below the threshold amount does not mean you avoid serious charges.
Below-threshold cases may still result in:
However, below-threshold cases do open the door to protections that are unavailable at or above the threshold:
Proposition 200 (ARS 13-901.01):
First and second-time personal possession offenses qualify for mandatory probation instead of prison. The court is required to place you on probation and order you into a drug treatment program.
For a first offense, the court cannot impose incarceration as a condition of probation unless the person violates probation by committing a drug offense or violating a drug treatment order (ARS 13-901.01(E)).
For a second offense, the court may add conditions including jail time, intensive probation, or home arrest (ARS 13-901.01(F)).
Prop 200 does not apply to possession for sale, manufacturing, or transportation charges (ARS 13-901.01(C)), and does not apply to methamphetamine offenses (ARS 13-901.01(H)(4)).
TASC diversion: The Treatment Assessment Screening Center program may be available for eligible defendants, allowing completion of drug education or treatment in exchange for dismissal of charges.
Judicial discretion on sentencing: Below the threshold, judges have the authority to consider probation, suspended sentences, and alternative sentencing options that are completely off the table for above-threshold convictions.
Drug threshold cases are defensible. The weight itself can be challenged, and there are constitutional and procedural defenses that may apply to your case.
The state’s weight includes everything in the mixture. A defense expert may be able to demonstrate that the actual drug content is a fraction of the total weight, which can undermine the prosecution’s argument that the amount indicates intent to sell, even if it does not change the threshold determination itself.
If law enforcement violated your Fourth Amendment rights during the stop, search, or seizure that led to the drug discovery, the evidence may be suppressed entirely.
Without the drugs, there is no weight, and there is no case.
Common issues include: traffic stops without reasonable suspicion, warrantless vehicle searches without probable cause, and consent obtained through coercion.
Under ARS 13-105, possession can be actual or constructive. Constructive possession means the drugs were not on your person but in a location you controlled.
If drugs were found in a shared vehicle, a common area, or someone else’s property, the prosecution must prove you knew the drugs were there and had control over them.
Crime lab testing can be challenged. Chain of custody issues, contaminated samples, or inaccurate testing methods can all call the identification and weight of the substance into question.
Even at or above the threshold, the presumption of intent to sell is rebuttable.
If you can demonstrate through evidence that the drugs were for personal use (consistent with addiction, lack of sale indicators, no cash or customer contacts), this can be a factor in plea negotiations or at trial.
| Charge | Statute | Felony Class | Key Distinction |
|---|---|---|---|
| Possession of narcotic drugs | ARS 13-3408(A)(1) | Class 4 | Personal use, below threshold |
| Possession of narcotic drugs for sale | ARS 13-3408(A)(2) | Class 2 | At/above threshold or other sale indicators |
| Possession of dangerous drugs | ARS 13-3407(A)(1) | Class 4 | Meth, PCP, LSD, amphetamine for personal use |
| Possession of dangerous drugs for sale | ARS 13-3407(A)(2) | Class 2 | At/above threshold or other sale indicators |
| Marijuana possession (over legal limit) | ARS 13-3405 | Class 6 to Class 2 | Depends on amount; 2+ lbs triggers threshold |
| Drug paraphernalia | ARS 13-3415 | Class 6 | Often charged alongside possession |
| Transportation of narcotic drugs for sale | ARS 13-3408(A)(7) | Class 2 | Moving drugs with intent to sell |
| Manufacturing dangerous drugs | ARS 13-3407(A)(4) | Class 2 | Production or preparation of drugs |
If drugs were found in your possession, the weight of those drugs is going to be one of the first things prosecutors look at. Whether you are above or below the threshold, the charges are serious, and the consequences can follow you for years. But the amount on the scale is not the end of the conversation. How that weight was calculated, how the drugs were found, and whether the evidence holds up under scrutiny are all questions a strong defense will answer.
At Matthew Lopez Law, our attorneys have handled drug cases ranging from simple possession to large-scale trafficking allegations across Arizona. We understand how prosecutors use threshold amounts to escalate charges, and we know how to push back.
Call us 24/7 for a free initial consultation. We will review the details of your case and explain your options.
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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