ARS 13-3407: Dangerous Drug Offenses
The complete text of A.R.S. § 13-3407 on dangerous drug offenses, what the State has to prove, and the sentencing range, with a violation charged as a class 2 through 4 felony and exposure reaching up to 12.5 years in prison.
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What the State Must Prove Under § 13-3407
A.R.S. § 13-3407 is the Arizona statute on dangerous drug offenses. The statute sets out 7 ways the offense can be committed. A violation is a class 2 through 4 felony, depending on the paragraph charged and what the State can prove. The maximum exposure is 12.5 years in prison.
A. A person shall not knowingly:
- Possess or use a dangerous drug.
- Possess a dangerous drug for sale.
- Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug.
- Manufacture a dangerous drug.
- Administer a dangerous drug to another person.
- Obtain or procure the administration of a dangerous drug by fraud, deceit, misrepresentation or subterfuge.
- Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a dangerous drug.
The State must prove every element of the paragraph it actually charged, beyond a reasonable doubt. Which paragraph appears on the complaint decides what the case is about, and it is the first thing to check.
Penalties for a § 13-3407 Conviction
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 felony | 3 years | 4 years | 5 years | 10 years | 12.5 years |
| Class 3 felony | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
| Class 4 felony | 1 year | 1.5 years | 2.5 years | 3 years | 3.75 years |
Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.
Full Text of A.R.S. § 13-3407
A. A person shall not knowingly:
1. Possess or use a dangerous drug.
2. Possess a dangerous drug for sale.
3. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug.
4. Manufacture a dangerous drug.
5. Administer a dangerous drug to another person.
6. Obtain or procure the administration of a dangerous drug by fraud, deceit, misrepresentation or subterfuge.
7. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a dangerous drug.
B. A person who violates:
1. Subsection A, paragraph 1 of this section is guilty of a class 4 felony. Unless the drug involved is lysergic acid diethylamide, methamphetamine, amphetamine or phencyclidine or the person was previously convicted of a felony offense or a violation of this section or section 13-3408, the court on motion of the state, considering the nature and circumstances of the offense, for a person not previously convicted of any felony offense or a violation of this section or section 13-3408 may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is successfully terminated. The offense shall be treated as a felony for all purposes until the court enters an order designating the offense a misdemeanor.
2. Subsection A, paragraph 2 of this section is guilty of a class 2 felony.
3. Subsection A, paragraph 3 of this section is guilty of a class 3 felony, except that if the offense involved methamphetamine, the person is guilty of a class 2 felony.
4. Subsection A, paragraph 4 of this section is guilty of a class 2 felony.
5. Subsection A, paragraph 5 of this section is guilty of a class 2 felony.
6. Subsection A, paragraph 6 of this section is guilty of a class 3 felony.
7. Subsection A, paragraph 7 of this section is guilty of a class 2 felony.
C. Except as provided in subsection E of this section, a person who is convicted of a violation of subsection A, paragraph 1, 3 or 6 and who has not previously been convicted of any felony or who has not been sentenced pursuant to section 13-703, section 13-704, section 13-706, subsection A, section 13-708, subsection D or any other law making the convicted person ineligible for probation is eligible for probation.
D. Except as provided in subsection E of this section, if the aggregate amount of dangerous drugs involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is convicted of a violation of subsection A, paragraph 2, 5 or 7 of this section 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, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
E. If the person is convicted of a violation of subsection A, paragraph 2, 3, 4 or 7 of this section and the drug involved is methamphetamine, the person shall be sentenced as follows:
Minimum Presumptive Maximum
5 calendar years 10 calendar years 15 calendar years
A person who has previously been convicted of a violation of subsection A, paragraph 2, 3, 4 or 7 of this section involving methamphetamine or section 13-3407.01 shall be sentenced as follows:
Minimum Presumptive Maximum
10 calendar years 15 calendar years 20 calendar years
F. A person who is convicted of a violation of subsection A, paragraph 4 of this section or subsection A, paragraph 2, 3 or 7 of this section involving methamphetamine 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, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
G. If a person is convicted of a violation of subsection A, paragraph 5 of this section, if the drug is administered without the other person’s consent, if the other person is under eighteen years of age and if the drug is flunitrazepam, gamma hydroxy butrate or ketamine hydrochloride, the convicted person 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, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
H. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than one thousand dollars or three times the value as determined by the court of the dangerous drugs involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of the imposition of any fine required by this subsection.
I. A person who is convicted of a violation of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or prescription-only drug except as lawfully administered by a health care practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections, as appropriate, during the duration of the term of probation or before the expiration of the sentence imposed.
J. If a person who is convicted of a violation of this section is granted probation, the court shall order that as a condition of probation the person perform not less than three hundred sixty hours of community restitution with an agency or organization that provides counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.
K. The presumptive term imposed pursuant to subsection E of this section may be mitigated or aggravated pursuant to section 13-701, subsections D and E.
Source: Arizona Revised Statutes § 13-3407, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Our Guides on This Charge
Written by our defense team on how these cases run in Arizona courts.
- What Are Dangerous Drug Charges in Arizona? (13-3407)
- Possession of Dangerous Drugs Lawyer | A.R.S. 13-3407
- Dangerous Drugs for Sale Lawyer | A.R.S. 13-3407 Defense
Related Statutes in Chapter 34 — Drug Offenses
- A.R.S. § 13-3407.01 — Manufacturing methamphetamine under circumstances that cause physical injury to a minor
- A.R.S. § 13-3406 — Possession, use, administration, acquisition, sale, manufacture or transportation of prescription-only drugs
- A.R.S. § 13-3408 — Possession, use, administration, acquisition, sale, manufacture or transportation of narcotic drugs
- A.R.S. § 13-3405 — Possession, use, production, sale or transportation of marijuana
- A.R.S. § 13-3409 — Involving or using minors in drug offenses
- A.R.S. § 13-3404 — Sale of precursor or regulated chemicals
- A.R.S. § 13-3404.01 — Possession or sale of precursor chemicals, regulated chemicals, substances or equipment
- A.R.S. § 13-3403 — Possession and sale of a vapor-releasing substance containing a toxic substance
How Tamou Law Group Defends § 13-3407 Cases
A § 13-3407 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 2 through 4 felony and something far less serious, and it is where these cases are won.
We handle dangerous drug offenses cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.
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Frequently Asked Questions
What is A.R.S. § 13-3407?
A.R.S. § 13-3407 is the Arizona statute on dangerous drug offenses. A violation is a class 2 through 4 felony, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 13-3407 a felony in Arizona?
Yes. Under the statute a violation is a class 2 through 4 felony, so the exposure reaches up to 12.5 years in prison. The paragraph charged and the facts decide which class applies.
What is the sentence for a class 2 felony in Arizona?
For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 2 felony at 3 years to 12.5 years, with a presumptive term of 5 years. Dangerous, repetitive and dangerous-crimes-against-children sentencing under 13-703, 13-704 and 13-705 runs longer.
Where can I read the official text of § 13-3407?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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