Possession of Dangerous Drugs Defense Lawyers
Charged with possession of a dangerous drug (A.R.S. § 13-3407), methamphetamine, ecstasy, LSD, mushrooms, or another listed drug? Simple possession is a Class 4 felony, but under Proposition 200 a first or second personal-possession case usually means probation and treatment, not prison. The whole case often turns on how the drugs were found. Do not consent to a search or talk to police, call us first.
5.0★ Google • Meth, MDMA, LSD, Mushrooms & Steroids
24/7 Confidential Line, Call Before You Speak to Police or Narcotics Detectives
Recognized By
Free Confidential Consultation, Arizona Possession of Dangerous Drugs Defense Aggressive Representation When Your Freedom & Record Are On the Line
As Seen On
Our Team Has SeenBoth Sides
Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending possession of dangerous drugs and other drug cases across Arizona. Our team includes former prosecutors who charged drug cases and law enforcement officers who made the stops and searches, so we know exactly how these cases are built, and where the search, the lab, and the State’s theory fall apart.
At many large firms, the name on the building is a marketing figurehead, you will rarely get them on the phone and your case is handed to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou. Call 623-321-4699 for a free, confidential consultation, 24/7.
What Is Possession of a Dangerous Drug in Arizona?
Quick answer: Possession of a dangerous drug under A.R.S. § 13-3407 means knowingly possessing or using a drug on Arizona’s “dangerous drug” list, which includes methamphetamine, ecstasy (MDMA), LSD, psilocybin mushrooms, anabolic steroids, and many others. Simple possession or use is a Class 4 felony, but Proposition 200 (A.R.S. § 13-901.01) requires probation and treatment, not prison, for a first or second personal-possession conviction under the threshold amount. Possession for sale, manufacture, or transport jumps to a Class 2 felony with mandatory prison. Because nearly every case starts with a search, how the drugs were found is usually the heart of the defense.
Key Takeaways
- Possession of a dangerous drug (A.R.S. § 13-3407) is a Class 4 felony, but is often probation-eligible.
- Dangerous drugs include methamphetamine, MDMA, LSD, mushrooms, and anabolic steroids, defined in A.R.S. § 13-3401.
- Proposition 200 requires probation and treatment, not prison, for a first or second personal-possession conviction.
- Possession for sale or manufacture is a Class 2 felony with mandatory prison, methamphetamine is treated especially harshly.
- The State must prove you knowingly possessed the drug, drugs in a shared car or home are not automatically yours.
- Most cases begin with a stop and search, an illegal search can get the evidence suppressed and the case dismissed.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Recognized By
Class 4 Felony
Were You Searched?
Most dangerous-drug cases rise or fall on the stop and search. If police lacked a valid reason or warrant, we can move to suppress the drugs, and without them, the case often ends.
Call 623-321-4699 →Prop 200
First Offense?
For a first or second personal-possession case, Proposition 200 generally requires probation and treatment, not prison, and drug court can lead to a dismissal.
Your Options →Whose Drugs?
Not Yours?
The State must prove you knowingly possessed the drug. Drugs found in a shared car, home, or bag are not automatically yours, mere presence is not possession.
CALL NOWCharges Often Filed Alongside
Dangerous-drug possession is frequently charged with paraphernalia and, if the amount is higher, with a ‘for sale’ count. Statute links go to azleg.gov.
Possession of Dangerous Drugs
Possession of Narcotic Drugs
Drug Paraphernalia
Possession for Sale
Manufacture / Transport
Drug DUI
Whatever you are facing, call now for a free, confidential consultation.
CALL 623-321-4699Arizona Dangerous-Drug Law, Explained
The charge depends on the drug, the amount, and whether the State alleges personal use or sale. Statutes link to azleg.gov.
Possession of a Dangerous Drug, A.R.S. § 13-3407
It is a Class 4 felony to knowingly possess or use a dangerous drug. The same statute escalates the charge for possession for sale, manufacture, and transport for sale, each a Class 2 felony. “Dangerous drugs” are listed in A.R.S. § 13-3401 and include methamphetamine, MDMA, LSD, mushrooms, and steroids, distinct from narcotic drugs like cocaine and heroin, which fall under 13-3408.
Proposition 200, A.R.S. § 13-901.01
Proposition 200 requires the court to place a person convicted of a first or second personal possession or use offense on probation with drug treatment, not prison, as long as the amount stays under the statutory threshold and certain exclusions (like a prior violent felony) do not apply. Protecting this eligibility, by keeping the charge at personal possession, is a primary defense goal.
The Threshold Amount & Methamphetamine
A.R.S. § 13-3401 sets a threshold amount (for methamphetamine, 9 grams) that, when met or exceeded, can remove probation eligibility and trigger harsher, mandatory-prison treatment, especially for meth. The State’s weight calculation is therefore critical, and the usable weight, not the total mixture, is what counts.
Possession for Sale, Manufacture & Transport
When the State alleges you possessed the drug for sale, or manufactured or transported it, the charge becomes a Class 2 felony with mandatory prison. “Intent to sell” is usually inferred from the quantity, packaging, scales, cash, and messages, an inference we work hard to defeat, because personal use drops the charge back to a probation-eligible Class 4. Learn more about our drug crime defense.
What the State Must Prove for Possession of Dangerous Drugs
To convict you of Possession of Dangerous Drugs under A.R.S. § 13-3407, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1A dangerous drug. The substance is on Arizona’s dangerous-drug list (A.R.S. § 13-3401), confirmed by a reliable lab analysis.
- 2Possession or use. You possessed, actually or constructively, or used the drug, mere presence near it is not enough.
- 3Knowingly. You knew the substance was present and knew it was a drug, the most contested element in shared spaces.
- 4A usable quantity. There was a usable amount of the drug, residue or trace amounts may not qualify.
Examples of Conduct Charged as Possession of Dangerous Drugs
- Methamphetamine found during a traffic stop or search
- Ecstasy (MDMA) or LSD at a concert or party
- Psilocybin mushrooms in a home or vehicle
- Anabolic steroids without a valid prescription
- Pills identified as a listed dangerous drug
How Conduct Sets the Dangerous-Drug Charge
The same drug can be a probation-eligible Class 4 or a mandatory-prison Class 2, depending on the amount and whether the State alleges sale.
| Conduct | Felony Class | Prop 200? | First-Offense Exposure* |
|---|---|---|---|
| Possession / Use | Class 4 | Yes (1st/2nd) | Probation + treatment |
| Possession of Paraphernalia | Class 6 (13-3415) | Often diversion | Probation to 2 yrs |
| Possession for Sale | Class 2 | No | 3 – 12.5 yrs (mandatory) |
| Transport for Sale | Class 2 | No | 5 – 15 yrs (mandatory) |
| Manufacture (esp. meth) | Class 2 | No | 5 – 15+ yrs (mandatory) |
*Exposure depends on the threshold amount (A.R.S. § 13-3401), priors, and aggravators. At or above threshold can remove probation eligibility; methamphetamine is treated especially harshly.
Penalties for Possession of Dangerous Drugs in Arizona
A first or second personal-possession case is probation-eligible under Prop 200, but higher amounts, priors, or a ‘for sale’ allegation can mean mandatory prison. Where you fall depends on the amount and the conduct.
Prop 200
First / Second Possession
Class 4
Possession (3rd+ / Threshold)
Class 2
Possession for Sale
⚠ Personal Use vs. ‘For Sale’ Is Everything
The single biggest factor in a dangerous-drug case is whether the State can prove the drug was for sale rather than for personal use. ‘For sale’ is inferred from amount, packaging, scales, and cash, not from an actual sale. Knocking a case down from a mandatory-prison Class 2 to a probation-eligible Class 4 personal-possession charge is often the whole ballgame, and exactly where we focus.
Collateral Consequences
A dangerous-drug felony brings a permanent record, loss of professional and occupational licenses, a possible driver’s license suspension, ineligibility for some financial aid and housing, loss of civil and firearm rights, and serious immigration consequences for non-citizens. Prop 200, diversion, and suppression all aim to avoid that conviction.
Common Defenses in Arizona Possession of Dangerous Drugs Cases
Most drug cases are won on the search, the lab, and knowing possession. Each is a place to fight.
Attacking the Search & Possession
Unlawful Stop or Search. If police lacked reasonable suspicion, probable cause, or a valid warrant, we move to suppress the drugs, and without the evidence, the case usually collapses.
No Knowing Possession. The State must prove you knew the drug was there and controlled it. Drugs in a shared car, home, or bag are not automatically yours.
Mere Presence. Being near drugs, or with someone who possessed them, is not possession; the State must tie them to you.
No Usable Quantity. Trace amounts or residue may not meet the ‘usable quantity’ requirement.
Attacking the Lab & the Charge
Drug Identification & Weight. The State must prove the substance is a dangerous drug and its usable weight. We challenge the lab analysis and the chain of custody.
Defeating ‘For Sale’. Where a sale count is added, we rebut the inference from amount and packaging to keep the charge at personal possession.
Protecting Prop 200. We structure the defense to preserve Prop 200, diversion, and drug-court eligibility, treatment instead of a conviction.
Valid Prescription. For drugs like steroids, a lawful prescription is a complete defense.
After reviewing your case, we will explain which defenses apply and the best path forward.
CALL 623-321-4699The Experts We Bring to the Table
Drug cases are built on lab reports, searches, and informants. We bring the specialists who take them apart.
Forensic Chemists & Toxicologists
Drug ID & Weight
Independently test the substance and its usable weight, the elements the State must prove, and expose flawed lab work.
Search & Seizure Analysts
How the Drugs Were Found
Reconstruct the stop, the search, and the warrant to find the Fourth Amendment violations that get evidence suppressed.
Informant & Buy Experts
Controlled Buys
Scrutinize confidential informants, controlled-buy procedure, and inducement, the weak core of many sale cases.
Chain-of-Custody Analysts
Evidence Handling
Trace the drugs from seizure to lab and expose gaps, mislabeling, and contamination that make the evidence unreliable.
Digital Forensics Experts
Texts & ‘For Sale’ Proof
Examine phone and message evidence the State uses to argue intent to sell, and challenge what it actually proves.
Treatment & Mitigation Specialists
Drug Court & Diversion
Build the case for TASC, drug court, and treatment-based resolutions that avoid a conviction or prison.
What to Do After a Drug Arrest
What you do in the first hours, the stop, the search, the questioning, often decides the case.
Do Not Consent to a Search
You are not required to consent to a search of your car, home, phone, or person. Politely say “I do not consent to a search.” A consented search is hard to challenge later.
Stay Silent
You do not have to answer questions about drugs, where you were, or what is yours. Say you want a lawyer, even a casual admission can become the case.
Do Not Resist or Run
Comply physically with the officers and save the fight for court. Resisting or fleeing only adds charges and weakens your defense.
Remember the Details
Write down everything you can about the stop and search, what was said, where the drugs were found, and who was present. It feeds the suppression motion.
Do Not Discuss the Case
Do not talk about the case on jail phones, by text, or on social media, those are recorded and discoverable. Talk only to your lawyer.
Call Tamou Law Group at 623-321-4699
The sooner we are involved, the more we can do, preserving video, challenging the search, and protecting your Prop 200 and diversion eligibility. Available 24/7.
Prop 200, Diversion & Drug Court
For the right case, Arizona offers paths that end in treatment, or a dismissal, instead of a conviction.
Under Proposition 200 (A.R.S. § 13-901.01), a first or second personal drug-possession conviction generally requires probation and treatment, not prison. Beyond that, many counties offer TASC diversion and a drug court program that, on successful completion, ends in a dismissal with no conviction. Protecting your eligibility for these paths, by keeping the charge at personal possession and avoiding disqualifiers, is one of the most valuable things a defense lawyer does in a drug case. We pursue treatment-based outcomes wherever they serve your goals, while always preserving the option to fight the case on the search and the evidence.
A Full Team of Attorneys, Not Associates
The single biggest factor in your defense is who actually handles your case, and how hard they fight it.
At many large firms, the name on the building is a marketing figurehead. You may never get them on the phone, and your case is handed to a rotating junior associate who has never tried a case like yours. At Tamou Law Group, your defense is handled by a full team of experienced attorneys, not junior associates, including founding attorney Michael Tamou. The same senior team handles your calls, your strategy, and your court dates.
Our reputation is built on results and on our clients’ words, a 5.0-star Google rating from people we have actually defended. Read them in the reviews below.
Recent Possession of Dangerous Drugs Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles possession of dangerous drugs cases across Arizona.
Dangerous Drug Possession, Bad Search
Charges Dismissed
An unlawful vehicle search was suppressed, and the case was dismissed.
First-Offense Meth Possession
Probation, No Prison
A first-offense personal-possession case was resolved to probation and treatment under Proposition 200.
Possession for Sale Reduced
Reduced to Possession
We defeated the ‘for sale’ allegation, dropping a mandatory-prison Class 2 to a probation-eligible Class 4.
Shared-Vehicle Drugs
Charges Dismissed
The State could not prove our client, a passenger, knowingly possessed drugs found in the car.
Drug Court Dismissal
Dismissed on Completion
Our client completed a drug-court program and the charge was dismissed, with no conviction.
Lab & Weight Challenge
Charges Reduced
We challenged the usable-weight calculation, dropping the case below the threshold and restoring probation eligibility.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching for the best dangerous drug lawyer in Phoenix, a meth possession defense attorney, or help with an A.R.S. 13-3407 charge. Tamou Law Group defends possession of dangerous drugs and other drug cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, with representation statewide. This page is part of our Arizona drug crime defense practice. Call 623-321-4699 for a free, confidential consultation, 24/7.
Arizona Possession of Dangerous Drugs FAQs
Common questions about possession of dangerous drugs charges, penalties, Prop 200, and defenses in Arizona.
Is possession of a dangerous drug a felony in Arizona?
Yes. Possession or use of a dangerous drug under A.R.S. 13-3407 is a Class 4 felony. However, under Proposition 200, a first or second personal-possession conviction generally requires probation and treatment, not prison.
What counts as a dangerous drug?
Dangerous drugs are listed in A.R.S. 13-3401 and include methamphetamine, ecstasy (MDMA), LSD, psilocybin mushrooms, and anabolic steroids. They are distinct from narcotic drugs like cocaine and heroin, which fall under A.R.S. 13-3408.
Can I avoid prison for a first meth possession charge?
Usually, yes. Proposition 200 requires probation and treatment instead of prison for a first or second personal-possession conviction under the threshold amount. Drug court can even end in a dismissal.
What is the threshold amount for methamphetamine?
Arizona sets a threshold of 9 grams for methamphetamine. At or above the threshold, probation eligibility can be lost and the case treated far more harshly, so the usable weight the State proves is critical.
Can the drugs be ‘mine’ if they were in a shared car?
Not automatically. The State must prove you knowingly possessed and controlled the drugs. Drugs found in a shared car, home, or bag, where others had access, are very defensible on the knowledge element.
Can an illegal search get my case dismissed?
Often, yes. Most dangerous-drug cases depend on a search. If police lacked reasonable suspicion, probable cause, or a valid warrant, we can move to suppress the drugs, and without that evidence, the case is frequently dismissed.
What makes it ‘possession for sale’?
The State infers intent to sell from the amount, packaging, scales, baggies, cash, and messages, not from an actual sale. Possession for sale is a Class 2 felony with mandatory prison, so rebutting that inference is critical.
Will a dangerous-drug conviction affect my license or immigration?
Yes. A drug felony can cost you professional licenses and your driver’s license, affect financial aid and housing, and carry serious immigration consequences for non-citizens. Avoiding the conviction is often the priority.
What is drug court?
Drug court is a supervised treatment program for eligible defendants. Successful completion can result in a dismissal or greatly reduced sentence, an alternative to a conviction and prison.
Will I get a real attorney or a junior associate?
At many large firms the name on the door is a marketing figurehead and your case goes to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.
Arizona Statutes Cited on This Page
Statutes link to the official Arizona Revised Statutes at azleg.gov.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.