Arizona Drug Crime Lawyers
Charged with a drug crime in Arizona, possession, paraphernalia, possession for sale, or trafficking? Penalties hinge on the drug type, the amount, and the alleged conduct, from Prop 200 probation on a first personal-possession case to a Class 2 felony with mandatory prison for sale. How the drugs were found is often the whole case. Do not consent to a search or talk to police, call us first.
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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, paraphernalia, possession-for-sale, and trafficking 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 ‘intent to sell’ theories 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.
How Are Drug Crimes Charged in Arizona?
Quick answer: Arizona grades drug crimes by the type of drug, the amount, and the alleged conduct. Simple possession or use of a dangerous drug (A.R.S. § 13-3407) or narcotic drug (A.R.S. § 13-3408) is a Class 4 felony, but under Proposition 200 a first or second personal-possession conviction usually means mandatory probation, not prison. Paraphernalia (A.R.S. § 13-3415) is a Class 6 felony. Possession for sale, sale, manufacturing, or transport jumps to a Class 2 felony with mandatory prison. Because most drug cases begin with a search, how the drugs were found, and whether that search was legal, is often the entire case.
Key Takeaways
- Arizona grades drug crimes by drug type (dangerous vs. narcotic), amount, and conduct (possession vs. sale).
- Proposition 200 (A.R.S. § 13-901.01) requires probation, not prison, for a first or second personal-possession conviction, if you stay under the threshold amount.
- Simple possession of a dangerous or narcotic drug is a Class 4 felony; paraphernalia (13-3415) is a Class 6.
- Possession for sale, sale, manufacturing, and transport are Class 2 felonies with mandatory prison at or above threshold amounts.
- Most drug cases start with a traffic stop or search, an illegal search can get the evidence suppressed and the case dismissed.
- Drug court, TASC, and treatment can resolve many cases with no conviction, or no prison.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
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Search = The Case
Were You Searched?
Most drug cases rise or fall on the stop and search. If the police lacked a valid reason or warrant, we can move to suppress the drugs, and without the evidence, the case is often dismissed.
Call 623-321-4699 →Prop 200
First Possession?
For a first or second personal-possession case, Arizona’s Proposition 200 generally requires probation and treatment, not prison, and drug court can lead to a dismissal.
See Penalties →Mandatory Prison
Accused of Selling?
Possession for sale, sale, or transport is a Class 2 felony with mandatory prison. The ‘intent to sell’ is often inferred from amount and packaging, and that inference can be fought. Call now.
CALL NOWArizona Drug Crimes We Defend
From a first possession charge to a trafficking indictment, choose your charge below for a complete guide, or call us 24/7.
Drug Possession
A.R.S. 13-3407 / 13-3408
Possession or use of dangerous or narcotic drugs for personal use. A Class 4 felony, but often Prop 200 probation on a first offense.
Learn More →Possession of Narcotic Drugs
A.R.S. 13-3408
Cocaine, heroin, fentanyl, and prescription narcotics. The drug ID, weight, and the search are all places to fight.
Learn More →Drug Paraphernalia
A.R.S. 13-3415
Pipes, scales, baggies, and more. A Class 6 felony, and frequently the most defensible, or divertible, charge.
Learn More →Possession of Drugs for Sale
A.R.S. 13-3407
Possession for sale is a Class 2 felony with mandatory prison. ‘Intent to sell’ is inferred from amount and packaging, and can be fought.
Learn More →Narcotic Drug Sales
A.R.S. 13-3408
Sale, transfer, or transport of narcotics, a Class 2 felony. We attack the buy, the informant, and the chain of custody.
Learn More →Drug DUI
A.R.S. 28-1381(A)(1) & (A)(3)
Driving with drugs, or even metabolites, in your system. A valid prescription and lack of impairment are key defenses.
Learn More →Also charged: possession of dangerous drugs (A.R.S. § 13-3407), possession with intent to sell, plus drug manufacturing, transportation, and marijuana offenses. Whatever you are facing, we defend it.
Not sure which charge you are facing? Call now for a free, confidential consultation.
CALL 623-321-4699Arizona Drug Law, Charge by Charge
Drug charges turn on the drug type, the amount, and the conduct, possession, sale, or manufacture. Statutes link to azleg.gov.
Dangerous Drugs, A.R.S. § 13-3407
Dangerous drugs include methamphetamine, ecstasy (MDMA), LSD, mushrooms, anabolic steroids, and many others. Possession or use is a Class 4 felony; possession for sale, manufacture, or transport for sale is a Class 2 felony. Methamphetamine for sale or manufacture carries especially harsh, mandatory-prison treatment. The threshold amount in A.R.S. § 13-3401 determines whether probation is even available.
Narcotic Drugs, A.R.S. § 13-3408
Narcotic drugs include cocaine, heroin, fentanyl, oxycodone, and other opioids. As with dangerous drugs, possession or use is a Class 4 felony and possession for sale, sale, or transport is a Class 2 felony. Because fentanyl and opioid cases are charged aggressively, the drug identification and weight, and how the drugs were found, are critical battlegrounds.
Proposition 200, A.R.S. § 13-901.01
Arizona’s Proposition 200 requires the court to place a person convicted of a first or second personal possession or use offense on probation, not prison, and to offer drug treatment, as long as the case stays under the threshold and does not involve methamphetamine in some circumstances. This is one of the most powerful tools in a possession case, and protecting eligibility is a core defense goal.
Paraphernalia & Marijuana, A.R.S. §§ 13-3415, 13-3405
Drug paraphernalia (13-3415), pipes, scales, baggies, and similar items, is a Class 6 felony, often the most defensible charge and a strong candidate for diversion. Marijuana (13-3405) is largely legal for adults 21+ under Proposition 207, but possession over the legal limit, sale, and production remain criminal, and marijuana DUI is still prosecuted.
Sale, Manufacturing, Transport & Drug-Free Zones
Possession for sale, sale, manufacturing, and transport for sale are Class 2 felonies with mandatory prison at or above threshold amounts, and the State usually infers “intent to sell” from quantity, packaging, scales, and cash. Committing a drug offense in a drug-free school zone (A.R.S. § 13-3411) adds a sentencing enhancement. Learn more about our criminal defense practice.
How Arizona Grades Drug Charges
Unlike theft, drug crimes are graded by the drug type, the amount, and the conduct, not a dollar value. Possession is very different from possession for sale.
| Conduct | Statute | Felony Class | First-Offense Exposure* |
|---|---|---|---|
| Drug Paraphernalia | 13-3415 | Class 6 | Probation to 2 years; often diversion |
| Possession / Use (Dangerous) | 13-3407 | Class 4 | Prop 200 probation (1st/2nd) |
| Possession / Use (Narcotic) | 13-3408 | Class 4 | Prop 200 probation (1st/2nd) |
| Possession for Sale | 13-3407 / 3408 | Class 2 | 3 – 12.5 years (mandatory) |
| Sale, Manufacture, or Transport | 13-3407 / 3408 | Class 2 | 5 – 15+ years (mandatory) |
| Offense in a Drug-Free Zone | 13-3411 | + Enhancement | Adds time; limits probation |
*Exposure depends on the threshold amount (A.R.S. § 13-3401), priors, and aggravators. Amounts at or above threshold can remove probation eligibility; methamphetamine for sale or manufacture is treated especially harshly.
Penalties for Drug Crimes in Arizona
Drug penalties run from diversion and probation under Prop 200 to mandatory prison for sale and trafficking. The drug type, the amount, and your record decide where you fall.
Prop 200
First / Second Possession
Class 4 / 6
Possession / Paraphernalia
Class 2
Sale / Trafficking
⚠ Amount & ‘Intent to Sell’ Change Everything
The line between probation and mandatory prison is the threshold amount and whether the State can prove intent to sell, inferred from quantity, packaging, scales, and cash. Beyond jail or prison, a drug felony brings loss of professional and driving privileges, ineligibility for some financial aid and housing, loss of civil and firearm rights, and serious immigration consequences for non-citizens. Fighting the amount and the ‘for sale’ theory protects all of it.
Common Defenses in Arizona Drug Cases
Most drug cases are won on the search, the lab, and the ‘intent to sell’ theory. 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 drugs were there and exercised control. Drugs in a shared car or home 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.
Valid Prescription. A lawful prescription is a complete defense to possession of many narcotic and prescription drugs.
Attacking the Lab, Intent & the Buy
Drug Identification & Weight. The State must prove the substance is what they claim, and its usable weight. We challenge the lab analysis and the chain of custody.
No Intent to Sell. ‘Possession for sale’ is usually inferred from amount and packaging. We rebut that inference, personal use, not distribution, drops a Class 2 to a Class 4.
Confidential Informants & Entrapment. Cases built on informants and controlled buys are vulnerable; we expose unreliable informants and improper inducement.
Prop 200 & Drug Court. For eligible cases, we secure probation and treatment, or a drug-court resolution that ends in dismissal, no conviction.
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.
Our Drug-Crime Defense Process
From a first possession charge to a trafficking indictment, the same disciplined process, attack the search, the lab, and the ‘for sale’ theory.
Examine the Stop & Search
We dissect the traffic stop, detention, and search for Fourth Amendment violations, the single most powerful tool to suppress the drugs and end the case.
Challenge Possession
The State must prove you knowingly possessed and controlled the drugs. We attack constructive-possession theories in shared cars and homes.
Test the Lab & Weight
We scrutinize the drug identification, the usable weight, and the chain of custody, often where the State’s case is weakest.
Rebut ‘Intent to Sell’
Where the charge is possession for sale, we fight the inference from amount and packaging to drop a Class 2 to a personal-possession Class 4.
Pursue Prop 200, Diversion & Drug Court
For eligible cases, we secure probation and treatment, or a drug-court or diversion resolution that ends in dismissal.
Reduce, Dismiss, or Try It
We prepare every case for trial. That readiness is what gives our negotiations leverage and protects your freedom and record.
Areas We Serve
Tamou Law Group defends drug-crime cases across Maricopa County and all of Arizona.
We represent clients in Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, Surprise, Goodyear, and throughout Maricopa County, with representation available statewide. Call 623-321-4699 for a free, confidential consultation, 24/7.
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.
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 in many ways, for the best drug crime lawyer in Phoenix, for a drug possession or possession-for-sale defense attorney, or for help with a paraphernalia, trafficking, or drug DUI charge. However you found us, Tamou Law Group defends drug cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, with representation statewide. Call 623-321-4699 for a free, confidential consultation, 24/7.
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)
When you are looking for the best Phoenix drug crime lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
Arizona Drug Crime FAQs
Common questions about drug possession, sale, paraphernalia, Prop 200, penalties, and defenses in Arizona.
Is drug possession a felony in Arizona?
Usually yes. Possession or use of a dangerous drug (A.R.S. 13-3407) or narcotic drug (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 is Proposition 200?
Proposition 200 (A.R.S. 13-901.01) requires Arizona courts to sentence a first or second personal drug-possession conviction to probation with treatment instead of prison, as long as the amount stays under the threshold and certain exclusions don’t apply. It is a powerful tool in possession cases.
What is the difference between a dangerous drug and a narcotic drug?
It’s a statutory classification. Dangerous drugs (13-3407) include methamphetamine, ecstasy, and LSD. Narcotic drugs (13-3408) include cocaine, heroin, fentanyl, and opioids. Both carry similar penalties, possession is a Class 4 felony and sale is a Class 2.
Can a drug charge be dismissed if the search was illegal?
Often, yes. Most drug cases depend on a search. If the 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 a charge ‘possession for sale’?
The State infers intent to sell from the amount of drugs, 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 to show personal use is critical.
Is marijuana still illegal in Arizona?
For adults 21 and over, possessing up to one ounce is legal under Proposition 207. But possessing more than the legal limit, selling, or producing marijuana remains criminal, and marijuana DUI is still prosecuted even though use is legal.
What are the penalties for selling or trafficking drugs?
Sale, transport, and manufacturing of dangerous or narcotic drugs are Class 2 felonies with mandatory prison, often 5 to 15 years or more for a first offense, and methamphetamine is treated even more harshly. The threshold amount and any school-zone enhancement raise the exposure.
What is drug court?
Drug court is a supervised treatment program for eligible defendants. Successful completion can result in a dismissal or a greatly reduced sentence. Along with Prop 200 and TASC diversion, it can resolve many possession cases without a conviction or prison.
Can I be charged for drugs that weren’t mine?
Only if the State can prove you knowingly possessed and controlled them. Drugs found in a shared car or home are not automatically yours, mere presence or proximity is not possession, and constructive-possession theories are very defensible.
Will a drug conviction affect my job, 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, through Prop 200, diversion, or suppression, 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.
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.