ARS 13-3422: Drug court program
The complete text of A.R.S. § 13-3422 on drug court program, and how this section is used in Arizona criminal cases. It defines terms and procedure rather than creating an offense.
Recognized By
As Seen On
Recognized By
Full Text of A.R.S. § 13-3422
A.R.S. § 13-3422 is the Arizona statute on drug court program. It sets out procedure and rules rather than defining an offense, so no offense class or sentence attaches to this section on its own.
A. The presiding judge of the superior court in each county may establish a drug court program as defined in section 13-3401.
B. Cases assigned to the drug court program may consist of defendants who are drug dependent persons and who are charged with a probation eligible offense under this chapter, including preparatory offenses.
C. A defendant may be admitted into the drug court program prior to a guilty plea or a trial only on the agreement of the court and the prosecutor.
D. A defendant is not eligible for entry into the drug court program pursuant to subsections F and H of this section if any of the following applies:
1. The defendant has been convicted of a serious offense as defined in section 13-706.
2. The defendant has been convicted of an offense under chapter 14 of this title.
3. The defendant has been convicted of a dangerous offense.
4. The defendant has completed or previously been terminated from a drug court program other than a juvenile drug court program.
5. The defendant has completed or previously been terminated from a drug diversion program other than a juvenile drug diversion program for an offense in violation of this chapter.
E. For the purposes of subsection D of this section, the age of the conviction does not matter.
F. Notwithstanding any law to the contrary, if a defendant who is assigned to the drug court program is subsequently found guilty of the offense and probation is otherwise available, the court, without entering a judgment of guilt and with the concurrence of the defendant, may defer further proceedings and place the defendant on probation. The terms and conditions of probation shall provide for the treatment of the drug dependent person and shall include any other conditions and requirements that the court deems appropriate, including the imposition of a fine, payment of fees and any other terms and conditions as provided by law which are not in violation of section 13-901.01.
G. If the defendant is placed on probation pursuant to subsection F of this section and the defendant violates a term or condition of probation, the court may terminate the defendant’s participation in the drug court program, enter an adjudication of guilt and revoke the defendant’s probation.
H. If the defendant is convicted of an offense listed in subsection I of this section and is placed on probation pursuant to subsection F of this section, on fulfillment of the terms and conditions of probation, the court may discharge the defendant and dismiss the proceedings against the defendant or may dispose of the case as provided by law.
I. A defendant is eligible for dismissal of proceedings as provided in subsection H of this section if the defendant is convicted of any of the following offenses:
1. Possession or use of marijuana in violation of section 13-3405, subsection A, paragraph 1.
2. Possession or use of a prescription-only drug in violation of section 13-3406, subsection A, paragraph 1.
3. Possession or use of a dangerous drug in violation of section 13-3407, subsection A, paragraph 1.
4. Possession or use of a narcotic drug in violation of section 13-3408, subsection A, paragraph 1.
5. Possession or use of drug paraphernalia in violation of section 13-3415, subsection A.
6. Any preparatory offense, as prescribed in chapter 10 of this title, to an offense listed in this subsection.
J. If the defendant is placed on probation pursuant to subsection F of this section and the defendant fails to fulfill the terms and conditions of probation, the court shall enter an adjudication of guilt and sentence the defendant as provided by law.
K. If a defendant chooses not to participate in the drug court program, the defendant shall be prosecuted as provided by law.
L. This section does not prohibit the presiding judge of the superior court from establishing a drug court program other than as defined in section 13-3401 with other terms and conditions, including requiring a defendant to participate in a drug court program subsequent to the entry of judgment of guilt and sentencing.
Source: Arizona Revised Statutes § 13-3422, 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.
Related Statutes in Chapter 34 — Drug Offenses
- A.R.S. § 13-3421 — Using building for sale or manufacture of dangerous or narcotic drugs
- A.R.S. § 13-3424 — Sale of lethal fentanyl
- A.R.S. § 13-3417 — Use of wire communication or electronic communication in drug related transactions
- A.R.S. § 13-3415 — Possession, manufacture, delivery and advertisement of drug paraphernalia
- A.R.S. § 13-3411 — Possession, use, sale or transfer of marijuana, peyote, prescription drugs, dangerous drugs or narcotic drugs or manufacture of dangerous drugs in a drug free school zone
- A.R.S. § 13-3409 — Involving or using minors in drug offenses
- A.R.S. § 13-3408 — Possession, use, administration, acquisition, sale, manufacture or transportation of narcotic drugs
- A.R.S. § 13-3407 — Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs
How § 13-3422 Affects an Arizona Case
§ 13-3422 usually matters because of how it interacts with the charge someone is actually facing. We read it alongside the charging statute, because a definition or a procedural rule frequently decides what the State must prove, what a judge may impose, or what relief is available afterward.
Call 623-321-4699 for a confidential consultation, 24/7.
Awards & Recognition
Our recognition for Phoenix criminal defense 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)
When you are looking for the best Phoenix criminal defense lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors, public defenders, and law enforcement.
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.
Frequently Asked Questions
What is A.R.S. § 13-3422?
A.R.S. § 13-3422 is the Arizona statute on drug court program. It sets out rules that apply across Arizona criminal cases rather than defining a single offense.
Where can I read the official text of § 13-3422?
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.
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.