Possession of Narcotic Drugs Defense Lawyers
Charged with possession of a narcotic drug (A.R.S. § 13-3408), cocaine, heroin, fentanyl, oxycodone, or another opioid? 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. With fentanyl charged aggressively, the drug ID, the weight, and the search are the battlegrounds. Do not consent to a search or talk to police, call us first.
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What Is Possession of a Narcotic Drug in Arizona?
Quick answer: Possession of a narcotic drug under A.R.S. § 13-3408 means knowingly possessing or using a drug on Arizona’s “narcotic” list, which includes cocaine, heroin, fentanyl, oxycodone, and other opioids. 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. Sale, possession for sale, or transport is a Class 2 felony with mandatory prison. Because nearly every case begins with a search, and fentanyl and opioid cases are charged hard, the drug identification, the weight, and how the drugs were found are usually the heart of the defense.
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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 narcotic drugs and other drug cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes 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.
On This Page
- What Is Possession of a Narcotic Drug in Arizona?
- Is drug possession a felony in Arizona?
- Can you get probation for narcotic drug possession in Arizona?
- How much prison time can you get for narcotic possession in Arizona?
- Can two people be charged with possession of the same drugs in Arizona?
- Can an illegal search get a narcotic possession charge dismissed?
- Can a narcotic drug conviction affect a professional or nursing license in Arizona?
- How Conduct Sets the Narcotic-Drug Charge
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with possession of narcotic drugs in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 13-3408, the penalties, and the defenses that matter most.
Is drug possession a felony in Arizona?
Yes. Possession or use of a narcotic drug under A.R.S. § 13-3408 — cocaine, heroin, fentanyl, oxycodone, or another opioid — is a Class 4 felony. However, under Proposition 200 a first or second personal-possession conviction generally requires probation and treatment, not prison, so a felony charge does not automatically mean prison time.
Awards & Recognition
Our recognition for Phoenix drug crime defense is independently verified, click any award to confirm it:
- National Trial Lawyers Top 100
- National Trial Lawyers Top 40 Under 40
- Elite Lawyer 2026 – Criminal Defense
- Super Lawyers – Southwest
- National College for DUI Defense (NCDD)
Together, these place Tamou Law Group among the best Phoenix drug crime lawyers, led by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
Can you get probation for narcotic drug possession in Arizona?
Usually, yes. Proposition 200 (A.R.S. § 13-901.01) requires the court to place you on probation with drug treatment, not prison, for a first or second personal-possession conviction, as long as the amount is under the threshold and disqualifiers like a prior violent felony do not apply. Drug court can even end in a dismissal with no conviction.
How much prison time can you get for narcotic possession in Arizona?
For a first or second personal-possession case, Prop 200 bars prison entirely — the outcome is probation and treatment. A third offense or an amount at or above the A.R.S. § 13-3401 threshold makes it a probation-to-3.75-year Class 4 range, and if the State proves possession for sale it becomes a Class 2 felony with mandatory prison of roughly 3 to 12.5 years.
Can two people be charged with possession of the same drugs in Arizona?
Yes. Arizona recognizes constructive possession, so drugs found in a shared car, home, or bag can be charged against more than one person. But the State must prove you knew the drug was there and exercised control over it — mere presence near drugs, or near someone who possessed them, is not enough, which is often the strongest defense.
Can an illegal search get a narcotic possession charge dismissed?
Often, yes. Almost every narcotic case begins with a stop and 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 frequently collapses. We also challenge the drug identification and the usable weight, especially in fentanyl pill cases.
Can a narcotic drug conviction affect a professional or nursing license in Arizona?
Yes. A Class 4 narcotic-drug felony creates a permanent record that can cost you professional and occupational licenses — including nursing and other healthcare licenses — and it carries serious immigration consequences for non-citizens. Avoiding the conviction through Prop 200, diversion, or suppression is often the priority for exactly this reason.
How Conduct Sets the Narcotic-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) |
| Sale / Transfer | Class 2 | No | 5 – 15 yrs (mandatory) |
| Transport for Sale | 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.
What the State Must Prove for Possession of Narcotic Drugs
To convict you of Possession of Narcotic Drugs under A.R.S. § 13-3408, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1A narcotic drug. The substance is on Arizona’s narcotic-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 narcotic, the most contested element in shared spaces.
- 4No valid prescription / a usable quantity. You lacked a lawful prescription, and there was a usable amount of the drug.
Examples of Conduct Charged as Possession of Narcotic Drugs
- Cocaine found during a traffic stop or search
- Heroin or fentanyl in a vehicle, home, or on your person
- Counterfeit ‘M30’ or pressed fentanyl pills
- Oxycodone or other opioids without a valid prescription
- Someone else’s prescription narcotics in your possession
What Sentence Could You Actually Face?
A first or second personal-possession case is probation-eligible under Prop 200, but higher amounts, priors, or a 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
Sale / For Sale
⚠ Personal Use vs. Sale Is Everything
The biggest factor in a narcotic 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. Knocking a case down from a mandatory-prison Class 2 to a probation-eligible Class 4 personal-possession charge, or attacking the search outright, is where we focus.
How We Fight Arizona Possession of Narcotic Drugs Cases
Every case has weak points. These are the defenses we look at first.
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.
Valid Prescription. A lawful prescription is a complete defense to possessing many narcotic and opioid medications.
Mere Presence. Being near drugs, or with someone who possessed them, is not possession; the State must tie them to you.
Attacking the Lab & the Charge
Drug Identification & Weight. The State must prove the substance is a narcotic and its usable weight, especially with fentanyl pills. We challenge the lab and 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.
Informant & Buy Challenges. Cases built on controlled buys and confidential informants are vulnerable; we expose unreliable informants and improper procedure.
Protecting Prop 200. We structure the defense to preserve Prop 200, diversion, and drug-court eligibility, treatment instead of a conviction.
The 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.
Recent Possession of Narcotic Drugs Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles possession of narcotic drugs cases across Arizona.
Narcotic Possession, Bad Search
Charges Dismissed
An unlawful search was suppressed, and the cocaine case was dismissed.
First-Offense Heroin Possession
Probation, No Prison
A first-offense personal-possession case was resolved to probation and treatment under Proposition 200.
Fentanyl Pill Weight Challenge
Charges Reduced
We challenged the usable-weight calculation on pressed pills, dropping the case below the threshold and restoring probation eligibility.
Valid-Prescription Defense
Charges Dismissed
Our client’s valid prescription defeated a charge for possessing opioid medication.
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.
Drug Court Dismissal
Dismissed on Completion
Our client completed a drug-court program and the charge was dismissed, with no conviction.
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 narcotic drug lawyer in Phoenix, a cocaine, heroin, or fentanyl possession defense attorney, or help with an A.R.S. 13-3408 charge. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend possession of narcotic drugs and other drug cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona drug crimes practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Arizona Possession of Narcotic Drugs FAQs
Quick answers to the questions we hear most about possession of narcotic drugs charges, penalties, and defenses in Arizona.
Is possession of a narcotic drug a felony in Arizona?
Yes. Possession or use of a narcotic drug under A.R.S. 13-3408 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 narcotic drug?
Narcotic drugs are listed in A.R.S. 13-3401 and include cocaine, heroin, fentanyl, oxycodone, and other opioids. They are distinct from dangerous drugs like methamphetamine and LSD, which fall under A.R.S. 13-3407.
Can I avoid prison for a first cocaine or heroin 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, and drug court can end in a dismissal.
Is having someone else’s prescription pills a crime?
Yes. Possessing narcotic medication, like oxycodone, without your own valid prescription is charged under A.R.S. 13-3408. Conversely, a valid prescription is a complete defense to possessing your own medication.
How are fentanyl pill cases charged?
Counterfeit fentanyl pills are charged aggressively, but the State must still prove the drug identification and the usable weight. Whether the weight counts the whole pill or only the fentanyl content can change the charge and probation eligibility.
Can an illegal search get my case dismissed?
Often, yes. Most narcotic 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 is the threshold amount for narcotics?
Arizona sets threshold amounts in A.R.S. 13-3401, for many narcotics 9 grams, and for heroin 1 gram. At or above the threshold, probation eligibility can be lost and the case treated more harshly.
What makes it ‘possession for sale’?
The State infers intent to sell from the amount, packaging, scales, 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 narcotic 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.
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.
Key Takeaways
- Possession of a narcotic drug (A.R.S. § 13-3408) is a Class 4 felony, but is often probation-eligible.
- Narcotic drugs include cocaine, heroin, fentanyl, oxycodone, and other opioids, defined in A.R.S. § 13-3401.
- Proposition 200 requires probation and treatment, not prison, for a first or second personal-possession conviction.
- Sale, possession for sale, or transport is a Class 2 felony with mandatory prison.
- Fentanyl and opioid pill cases are charged aggressively, the drug ID and usable weight are critical and contestable.
- A valid prescription is a complete defense to possession of many narcotic and prescription drugs.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
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.