Phoenix Drug Crimes Lawyer
Charged with a drug crime in Phoenix? Arizona treats even simple possession as a felony, but the law also gives you options, Prop 200 probation and diversion that ends in dismissal, and most cases turn on whether the search was legal. Before you talk to police, talk to us.
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What Counts as a Drug Crime in Arizona, and How Serious Is It?
Quick answer: A “drug crime” in Arizona is not one charge but a range. Simple personal possession of a dangerous drug (A.R.S. 13-3407) or narcotic (A.R.S. 13-3408) is a Class 4 felony, but thanks to Proposition 200 (A.R.S. 13-901.01), a first or second personal-possession conviction cannot be punished with prison, and many cases qualify for diversion that ends in dismissal. Charges jump sharply when the State alleges the drugs were for sale or over the statutory threshold amount, which can carry mandatory prison. Whatever the charge, the case often turns on the search that found the drugs. Do not talk to police, call us first. 623-321-4699, 24/7 and confidential.
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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 Phoenix drug charge and other drug charge 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 Counts as a Drug Crime in Arizona, and How Serious Is It?
- Drug Charges We Defend in Phoenix
- Why Phoenix Trusts Tamou Law Group With Drug Crime Defense
- The Search Is the Case: Your Fourth Amendment Rights
- How Arizona Charges and Punishes Drug Crimes
- Prop 200 & Diversion: How Arizona Keeps Drug Cases Out of Prison
- How We Defend a Phoenix Drug Charge
- Where Your Phoenix Drug Case Is Heard
- Arizona Drug Charges at a Glance
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with Phoenix drug charge 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. Title 13, Ch. 34, the penalties, and the defenses that matter most.
Drug Charges We Defend in Phoenix
“Drug crime” covers a wide range of charges in Arizona, from simple possession up through sale, transport, and trafficking. The drug involved, the amount, and whether the State alleges it was “for sale” change everything about the class of felony and the penalties. We defend every type of drug charge in Phoenix, select yours to learn more:
Why Phoenix Trusts Tamou Law Group With Drug Crime Defense
A felony drug charge threatens your record, your job, your financial aid, and, in a sale or trafficking case, your freedom. These cases are won on the details of the stop, the search, and the lab, and on knowing exactly how to use Arizona’s Prop 200 and diversion laws. Tamou Law Group is recognized by the National Trial Lawyers Top 100, Super Lawyers, and Elite Lawyer 2026, and is rated 5.0 on Google across hundreds of reviews. Instead of a solo lawyer who hands your case to an associate, you get a full team of attorneys, including former prosecutors, led by Founding Attorney Michael Tamou. Everything you tell us is confidential. Call 623-321-4699, 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.
The Search Is the Case: Your Fourth Amendment Rights
Most drug cases begin with a traffic stop, a search, or a warrant, and that is usually where they are won. If the police stopped you without reason, searched your car, home, or phone without a valid warrant or true consent, or held you longer than the law allows, the drugs they found can be suppressed, thrown out of court. When the evidence goes, the case often goes with it. The first thing we do in any drug case is put the search under a microscope, and you should never consent to a search or try to explain the drugs away, that is what builds the case against you.
How Arizona Charges and Punishes Drug Crimes
Penalties depend on the type of drug, the amount, and whether the State alleges personal use or sale. Simple possession of a dangerous drug or narcotic is a Class 4 felony, but under Prop 200 a first or second personal-possession conviction gets probation, not prison, and diversion can end it in dismissal. Everything changes when the amount exceeds the statutory threshold or the State alleges it was for sale: those become Class 2 or 3 felonies with real, and sometimes mandatory, prison. The table below compares the main charges.
Prop 200 & Diversion: How Arizona Keeps Drug Cases Out of Prison
The Law That Can Keep You Out of Prison
Arizona voters passed Proposition 200 (A.R.S. 13-901.01), which makes probation mandatory, not prison, for a first or second conviction for personal drug possession or paraphernalia. That means many possession cases, even felonies, are not prison cases, and can often be steered toward dismissal through diversion. Knowing how to use Prop 200 and the TASC diversion program is the difference between a felony record and a clean one.
Probation, Not Prison
For a first or second personal-possession offense, Prop 200 bars a prison sentence and requires probation. Prosecutors cannot simply ask for prison on these cases, which gives us real leverage to negotiate, and to fight for a result that avoids a conviction entirely.
TASC Diversion = Dismissal
Many Maricopa County possession cases qualify for the TASC diversion program: complete drug education and testing, and the charge is dismissed, with no conviction on your record. We move fast to get eligible clients into diversion before a felony conviction is ever entered.
Protecting Your Property
A drug arrest can trigger civil asset forfeiture, the State trying to keep your cash, car, or even your home. Forfeiture is a separate fight with its own deadlines. We contest it alongside the criminal case so you do not quietly lose your property.
How We Defend a Phoenix Drug Charge
There is almost always more to the story than the police report. Each of these is its own discipline, or browse our Top 10 drug crime defenses. In every case we:
- Challenge the stop and search, an unlawful stop, search, or warrant gets the drugs suppressed.
- Contest “knowing” possession, drugs in a shared car, home, or bag are not automatically yours.
- Attack the “for sale” allegation, weight, packaging, and cash are not proof of intent to sell.
- Test the lab, the substance, the weight, and the chain of custody all have to hold up.
- Use Prop 200 and TASC diversion, to steer eligible cases toward probation or outright dismissal.
- Fight civil forfeiture, so a drug arrest does not cost you your car, cash, or home.
Where Your Phoenix Drug Case Is Heard
Felony drug charges are prosecuted in the Maricopa County Superior Court (175 W. Madison Ave.), while a misdemeanor paraphernalia or marijuana citation may be heard in Phoenix Municipal Court or the local justice court. Many drug cases begin with a routine traffic stop, which is exactly why the search is so often the whole case. See our Arizona court directory for locations and what to expect.
Arizona Drug Charges at a Glance
The drug, the amount, and whether the State alleges “for sale” decide the class of felony and whether prison is even on the table. Here is how the main Arizona drug charges compare.
| Offense | Statute | Typical Classification | Prison or Probation? |
|---|---|---|---|
| Possession of Drug Paraphernalia | A.R.S. 13-3415 | Class 6 felony (often reducible) | Prop 200 eligible |
| Possession of Marijuana (over limit) | A.R.S. 13-3405 | Class 6 felony to misdemeanor | Prop 200 eligible |
| Possession of Prescription-Only Drug | A.R.S. 13-3406 | Class 1 misd. to Class 6 felony | Probation likely |
| Possession of Dangerous Drugs | A.R.S. 13-3407 | Class 4 felony | Prop 200 eligible (1st/2nd) |
| Possession of Narcotic Drugs | A.R.S. 13-3408 | Class 4 felony | Prop 200 eligible (1st/2nd) |
| Possession for Sale | A.R.S. 13-3407/3408 | Class 2–3 felony | Prison exposure |
| Sale / Transport / Trafficking | A.R.S. 13-3407/3408 | Class 2 felony | Mandatory prison at threshold |
General guide only; the exact class and sentence turn on the drug, the amount, whether it exceeds the statutory “threshold amount,” and your record. Prop 200 (A.R.S. 13-901.01) bars prison for a 1st/2nd personal-possession offense but not for sale, transport, or trafficking.
What the State Must Prove for Phoenix Drug Crimes
To convict you of Phoenix Drug Crimes under A.R.S. Title 13, Ch. 34, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1A knowing or intentional act. The State must prove you knowingly possessed the substance, not that it was merely near you or in a shared space.
- 2The identity of the substance. The drug must be tested and confirmed by a lab; the substance, the weight, and the chain of custody can all be challenged.
- 3Actual or constructive possession. “Constructive” possession requires proof you knew of the drugs and could control them, which is contestable in shared cars and homes.
- 4Intent to sell (for sale cases). To elevate a case to “for sale,” the State must prove intent to sell, weight and packaging alone do not.
Examples of Conduct Charged as Phoenix Drug Crimes
- A traffic stop that turned into a car search
- Drugs found in a shared apartment, car, or someone else’s bag
- A “for sale” charge based only on weight, cash, or baggies
- A first-offense possession case eligible for Prop 200 or diversion
What Sentence Could You Actually Face?
Drug exposure in Arizona ranges from Prop 200 probation and diversion for personal possession up to mandatory prison for sale, transport, and trafficking over the threshold amount.
Personal Possession
1st/2nd offense (Prop 200)
Possession for Sale
weight / packaging
Trafficking / Over Threshold
sale, transport, manufacture
⚠ A Charge Is Not a Conviction
The State has to prove every element beyond a reasonable doubt, starting with a legal search and a lab result that holds up, and that you knowingly possessed the drugs. Those are exactly the points that break these cases. The earlier we get involved, the more we can do, from suppressing the search to securing diversion. See all Arizona drug charges.
How We Fight Arizona Phoenix Drug Crimes Cases
Every case has weak points. These are the defenses we look at first.
Attacking the Search & the Evidence
Unlawful Stop or Search. An illegal traffic stop, a search without a warrant or valid consent, or an overlong detention gets the drugs suppressed.
No Knowing Possession. Drugs in a shared car, home, or another person’s belongings are not automatically yours; the State must prove you knew and controlled them.
Lab & Weight Problems. The substance must be tested and the weight verified; errors, contamination, and chain-of-custody gaps create reasonable doubt.
Faulty Warrant. A search warrant built on a stale, thin, or misleading affidavit can be invalidated, throwing out everything it produced.
Beating the “For Sale” Case & Protecting Your Future
Personal Use, Not Sale. Weight, cash, and baggies are not proof of intent to sell; we hold the State to real evidence of a sale.
Prop 200 & Diversion. For eligible personal-possession cases, we secure probation instead of prison, or TASC diversion that ends in dismissal.
Entrapment / Informants. Cases built on confidential informants and controlled buys have credibility and entrapment weaknesses we attack.
Fighting Forfeiture. We contest the civil forfeiture of your cash, car, or home that so often rides along with a drug arrest.
The Experts We Bring to Drug Cases
Drug cases are built on searches, lab reports, and informants. We bring the specialists who take each one apart, click any to see how.
Forensic Chemists
Independent Lab Testing
Re-test the substance by GC-MS and audit the State lab’s calibration, quality-control, and analyst notes to challenge the drug’s identity. They also re-weigh the sample, excluding packaging and moisture, because a weight pushed over the statutory threshold is what triggers mandatory prison, and an error there can drop a case to probation.
Fourth Amendment Specialists
Search & Seizure
Reconstruct the stop, the search, and the warrant second by second to expose Fourth Amendment violations: an unjustified stop, one prolonged past its purpose (Rodriguez), an unreliable K-9 alert, coerced “consent,” or a warrant built on a thin or stale affidavit. Any one can suppress the drugs and end the case.
Private Investigators
Informants & Witnesses
Dig into the confidential informant and the controlled buy, the deal the CI received, their pending charges and prior lies, and whether the buy was actually searched, monitored, and recorded. They also locate witnesses and establish who else had access, exposing the bias and gaps that collapse sale and trafficking cases.
Digital Forensics Examiners
Phones & Access
Examine device extractions, metadata, and access logs to answer the question the State glosses over: who actually knew about and controlled the drugs. In shared cars, homes, and phones, that access data, and the absence of your prints or DNA, is what defeats a “constructive possession” theory built on mere presence.
Chain-of-Custody Analysts
Evidence Handling
Trace the evidence from the roadside through the property room to the lab and the courtroom, documenting every transfer and signature. Gaps, mislabeled bags, broken seals, and contamination raise real doubt about whether the substance tested is even what was seized from you, and unreliable evidence gets excluded.
Treatment & Diversion Advocates
Prop 200 / TASC
Build the treatment and mitigation record that moves eligible cases off the prison track: screening for TASC diversion (which ends in dismissal), documenting Prop 200 eligibility, and lining up assessment and counseling. On personal-possession cases this record is often what secures a dismissal or probation instead of a conviction.
Recent Phoenix Drug Crimes Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles Phoenix drug charge cases across Arizona.
Possession of Dangerous Drugs
Suppressed
An unlawful car search was suppressed; with the drugs gone, the case was dismissed.
Possession of Narcotics
Dismissed (TASC)
First-offense client entered TASC diversion; charge dismissed with no conviction.
Possession for Sale
Reduced
We defeated the intent-to-sell theory; reduced to simple possession, no prison.
Drug Paraphernalia
Dismissed
A defective stop got the evidence thrown out and the citation dismissed.
Transportation of Narcotics
Reduced
Threshold and chain-of-custody problems dropped a mandatory-prison case to probation.
Prescription-Only Drug Possession
Dismissed
We showed a valid prescription and lawful possession; charge dismissed.
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 a Phoenix drug crimes lawyer, drug possession attorney in Phoenix, possession for sale defense lawyer, help with a first-offense drug charge, and a Scottsdale drug crimes attorney. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend Phoenix drug charge and other drug charge 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 arizona drug crimes practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Arizona Phoenix Drug Crimes FAQs
Quick answers to the questions we hear most about Phoenix drug charge charges, penalties, and defenses in Arizona.
Is drug possession a felony in Arizona?
Usually yes. Possession of a dangerous drug (A.R.S. 13-3407) or narcotic (A.R.S. 13-3408) is a Class 4 felony. But under Proposition 200 (A.R.S. 13-901.01), a first or second personal-possession conviction cannot be punished with prison, and many cases can be diverted and dismissed.
Will I go to prison for a first drug possession charge in Arizona?
Almost never for personal possession. Prop 200 makes probation mandatory for a first or second personal-possession offense, and many Maricopa County cases qualify for TASC diversion, which ends in dismissal. Prison exposure comes from sale, transport, or trafficking charges, not simple possession.
What is Proposition 200 in Arizona?
Prop 200 (A.R.S. 13-901.01) is an Arizona law that requires probation instead of prison for a first or second conviction for personal drug possession or paraphernalia. It is a powerful tool that keeps most possession cases out of prison and often out of a conviction entirely.
Can a drug charge be dismissed through diversion?
Often, yes. The TASC diversion program lets eligible clients complete drug education and testing in exchange for a full dismissal, with no conviction on the record. We move quickly to get qualifying clients into diversion before a felony conviction is entered.
Can the police search my car during a traffic stop in Arizona?
Only with a warrant, valid consent, or a recognized exception. If the stop was unlawful, the search exceeded its limits, or you were held too long, the drugs found can be suppressed. Never consent to a search, make them justify it, and let your lawyer challenge it.
What is the difference between possession and possession for sale?
Simple possession is for personal use and is usually Prop 200 eligible. “For sale” means the State alleges intent to sell, based on weight, packaging, or cash, and it carries far harsher penalties, including possible mandatory prison. We fight to keep a case from being over-charged as a sale.
How much time do you get for possession of drugs for sale in Arizona?
It depends on the drug, the amount, and your record, but possession for sale is typically a Class 2 or 3 felony with real prison exposure, and amounts over the statutory threshold can carry mandatory prison. These are the cases where an aggressive defense matters most.
Can I be charged if the drugs were not mine?
Yes, but it is defensible. Arizona uses “constructive possession,” but the State must prove you knew about the drugs and could control them. Drugs found in a shared car, home, or someone else’s bag create real reasonable doubt.
Can the state take my car or money in a drug case?
They can try, through civil asset forfeiture, which is a separate proceeding with its own deadlines. We contest forfeiture alongside the criminal case so a drug arrest does not quietly cost you your property.
What are the penalties for possession of prescription drugs in Arizona?
Possessing a prescription-only drug (like Xanax or Adderall) without a valid prescription is charged under A.R.S. 13-3406 and can range from a Class 1 misdemeanor to a Class 6 felony. A valid prescription is a complete defense, and these cases are often reduced or dismissed.
Will I work with Michael Tamou or a junior associate?
Your defense is handled by a full team of experienced attorneys, not associates, including Michael Tamou. Everything you share is confidential. Call 623-321-4699, 24/7.
Key Takeaways
- Arizona drug charges run from paraphernalia and simple possession up to sale, transport, and trafficking; the drug and the amount drive the class.
- Even simple possession of meth, cocaine, heroin, or fentanyl is a Class 4 felony, but it is rarely a prison case.
- Proposition 200 (A.R.S. 13-901.01) bars prison and requires probation for a 1st or 2nd personal-possession conviction.
- Many Maricopa County possession cases qualify for TASC diversion, complete the program and the charge is dismissed.
- Charges alleging drugs were for sale or over the threshold amount carry mandatory prison, those are the cases we fight hardest.
- Almost every drug case turns on the search and seizure, an illegal stop or search can get the evidence thrown out.
- Your defense is handled by a full team of attorneys, not associates, including Michael Tamou, 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.