Arizona Possession of Dangerous Drugs Defense Lawyers
Charged with possession of a dangerous drug (A.R.S. § 13-3407), methamphetamine, ecstasy, LSD, mushrooms, or another listed drug? 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. The whole case often turns on how the drugs were found. Do not consent to a search or talk to police, call us first.
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What Is A.R.S. § 13-3407?
A.R.S. § 13-3407 is Arizona’s dangerous drug statute. It makes it unlawful to knowingly possess, use, manufacture, administer, transport for sale or sell a dangerous drug. Simple possession or use is a class 4 felony, and the more serious paragraphs, including possession for sale and manufacturing, carry higher felony classes.
What Is Possession of a Dangerous Drug in Arizona?
Quick answer: Possession of a dangerous drug under A.R.S. § 13-3407 means knowingly possessing or using a drug on Arizona’s “dangerous drug” list, which includes methamphetamine, ecstasy (MDMA), LSD, psilocybin mushrooms, anabolic steroids, and many others. 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, except that methamphetamine is excluded and probation in a methamphetamine case is up to the judge. Possession for sale, manufacture, or transport jumps to a Class 2 felony with mandatory prison for methamphetamine or at the threshold amount. Because nearly every case starts with a search, how the drugs were found is usually the heart of the defense.
Both 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 of dangerous drugs and other drug cases across Arizona. Our team includes former prosecutors who charged drug cases and officers who made the stops and searches, so we know exactly how these cases are built, and where the search, the lab, and the State’s theory 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 Dangerous Drug in Arizona?
- Is Possession of a Dangerous Drug a Felony in Arizona?
- What Does a ‘Class 4 Felony’ Actually Mean for You?
- How Much Time Do You Get for Drug Possession in Arizona?
- Can You Get Probation Instead of Prison?
- What Counts as a ‘Dangerous Drug’ in Arizona?
- Can Two People Be Charged With the Same Drugs?
- Could the State Turn This Into ‘Possession for Sale’?
- Can a Drug Conviction Cost You a Professional License or More?
- What to Do Right Now If You’ve Been Arrested
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
Being arrested for a dangerous-drug charge is frightening, and the questions come fast: Is this a felony? Am I going to prison? Will I lose my job or my license? Here’s exactly how Arizona treats possession of a dangerous drug under A.R.S. § 13-3407, what you’re realistically facing, and the options that often keep people out of prison, and off a conviction record, entirely.
The short version: a first or second personal-possession case is usually not a prison case in Arizona. But what you do next, especially whether you consent to a search or talk to police, can change everything.
Is Possession of a Dangerous Drug a Felony in Arizona?
Yes. Under A.R.S. § 13-3407, knowingly possessing or using a dangerous drug is a Class 4 felony. That’s serious, but “felony” does not automatically mean prison. For a first or second personal-possession case that does not involve methamphetamine, Arizona law actually requires the court to consider probation and treatment instead of incarceration.
Where a charge becomes genuinely dangerous is when the State alleges the drugs were possessed for sale, or that you manufactured or transported them, that jumps to a Class 2 felony with mandatory prison for methamphetamine or at the threshold amount. A huge part of defending these cases is keeping the charge at personal possession.
What Does a ‘Class 4 Felony’ Actually Mean for You?
Arizona ranks felonies from Class 1 (the most serious) down to Class 6. A Class 4 felony sits in the middle, and on paper a first offense carries a presumptive 2.5-year term. But for drug possession, Proposition 200 overrides that range: if it’s your first or second personal-possession offense and the drug is not methamphetamine, the court generally cannot send you to prison, it must order probation with treatment. So the real-world outcome usually looks very different from those prison numbers.
How Much Time Do You Get for Drug Possession in Arizona?
The honest answer depends on three things: the amount, your record, and whether the State alleges sale. For a first or second personal-possession case, the realistic outcome is usually probation and treatment, with no prison at all. Exposure climbs once you cross the threshold amount, pick up priors, or face a “for sale” allegation. Here’s how the same drug lands in very different places:
| 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 at threshold; meth 5 to 15 mandatory) |
| Transport for Sale | Class 2 | No | 3 to 12.5 yrs (mandatory at threshold); meth 5 – 15 yrs (mandatory) |
| Manufacture (esp. meth) | 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; methamphetamine is treated especially harshly.
Two things move these numbers more than anything else: the weight the State can actually prove (by statute the entire weight of a mixture containing the drug counts, so how the lab weighed it matters), and whether the case stays at personal possession.
Can You Get Probation Instead of Prison?
Often, yes, and for many people it’s the most important goal in the case. Arizona has several paths that lead to treatment, or even a dismissal, rather than a conviction and prison:
- Proposition 200 (A.R.S. § 13-901.01) — a first or second personal-possession conviction (methamphetamine excluded) means probation and treatment, not prison.
- TASC / diversion — many cases qualify; complete the program and the charge is dismissed with no conviction.
- Drug court — a supervised treatment track that, on successful completion, can end the case in a dismissal.
Protecting your eligibility for these programs, by keeping the charge at personal possession and clear of disqualifiers, is one of the most valuable things a defense lawyer does in a drug case.
What Counts as a ‘Dangerous Drug’ in Arizona?
Which list your substance falls on decides which statute you’re charged under. “Dangerous drugs” are defined in A.R.S. § 13-3401 and include:
- Methamphetamine (by far the most common dangerous-drug charge)
- Ecstasy / MDMA, LSD, and psilocybin (“magic”) mushrooms
- Anabolic steroids and many prescription stimulants without a valid prescription
Dangerous drugs are distinct from narcotic drugs, cocaine, heroin, and fentanyl, which are charged under A.R.S. § 13-3408. Amount matters too: A.R.S. § 13-3401 sets a threshold amount for each drug (for methamphetamine, 9 grams); at or above it, a conviction for possession for sale, administering, or transport for sale is not eligible for probation, so prison is mandatory.
Can Two People Be Charged With the Same Drugs?
Yes, and it happens constantly, in a shared car, apartment, or group of friends. But being charged isn’t being convicted. The State must prove you knowingly possessed the drug, meaning you knew it was there and exercised control over it. Mere presence near drugs is not enough. If the drugs were in a shared space several people could access, the State often can’t prove they were yours, one of the most defensible parts of a drug case.
Could the State Turn This Into ‘Possession for Sale’?
This is the single biggest factor in a dangerous-drug case. “Possession for sale” is a Class 2 felony with mandatory prison when the drug is methamphetamine or the amount meets the threshold, and Prop 200 does not apply. The State doesn’t need to catch you selling, it infers intent from the quantity, packaging (multiple baggies), scales, cash, and text messages. Every one of those inferences can be challenged, and knocking a case down from a mandatory-prison Class 2 to a probation-eligible Class 4 is frequently the whole ballgame.
Can a Drug Conviction Cost You a Professional License or More?
Yes, and for many clients the collateral consequences are the scariest part. A dangerous-drug felony can reach well beyond jail or prison:
- Professional and occupational licenses — nursing, healthcare, real estate, and others can be suspended or denied.
- Driver’s license suspension, loss of civil and firearm rights, and lost eligibility for some financial aid and housing.
- Immigration — serious consequences, including removal, for non-citizens.
This is a big reason avoiding the conviction itself, through suppression, diversion, drug court, or a dismissal, is so often the real priority, not just avoiding jail.
What to Do Right Now If You’ve Been Arrested
What you do in the first hours, the stop, the search, the questioning, often decides the case:
- Do not consent to a search. Politely say, “I do not consent to a search.” A consented search is very hard to challenge later.
- Stay silent and ask for a lawyer, even a casual admission can become the case against you.
- Don’t resist or run, comply physically and save the fight for court.
- Write down the details of the stop and search while fresh, they feed the suppression motion.
- Don’t discuss the case on jail phones, by text, or on social media, those are recorded and discoverable.
What the State Must Prove for Possession of Dangerous Drugs
To convict you of Possession of Dangerous Drugs under A.R.S. § 13-3407, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1A dangerous drug. The substance is on Arizona’s dangerous-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 drug, the most contested element in shared spaces.
- 4The amount, as proof of knowledge. A usable quantity is not a separate element, but residue or trace amounts can undercut proof that you knowingly possessed the drug.
Examples of Conduct Charged as Possession of Dangerous Drugs
- Methamphetamine found during a traffic stop or search
- Ecstasy (MDMA) or LSD at a concert or party
- Psilocybin mushrooms in a home or vehicle
- Anabolic steroids without a valid prescription
- Pills identified as a listed dangerous drug
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 ‘for 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
Possession for Sale
⚠ Personal Use vs. ‘For Sale’ Is Everything
The single biggest factor in a dangerous-drug 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, not from an actual sale. Knocking a case down from a mandatory-prison Class 2 to a probation-eligible Class 4 personal-possession charge is often the whole ballgame, and exactly where we focus.
How We Fight Arizona Possession of Dangerous Drugs Cases
Most drug cases are won on the search, the lab, and knowing possession. 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 drug was there and controlled it. Drugs in a shared car, home, or bag 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.
Trace Amounts. A usable quantity is not a separate element, but with only trace amounts or residue the State may be unable to prove knowing possession.
Attacking the Lab & the Charge
Drug Identification & Weight. The State must prove the substance is a dangerous drug and its weight. We challenge the lab analysis and the 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.
Protecting Prop 200. We structure the defense to preserve Prop 200, diversion, and drug-court eligibility, treatment instead of a conviction.
Valid Prescription. For drugs like steroids, a lawful prescription is a complete defense.
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 weight, the elements the State must prove, and expose flawed lab work.
Police Practices Consultants
How the Stop and Search Were Done
Former law enforcement professionals who measure the stop, entry and search against policy, training and lawful procedure.
Informant & Buy Experts
Controlled Buys
Scrutinize confidential informants, controlled-buy procedure, and inducement, the weak core of many sale cases.
Independent Crime-Lab Auditors
Testing, Calibration and Handling
Independent laboratory scientists who audit testing procedures, calibration records and evidence handling from collection to courtroom.
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.
Award-Winning Criminal Defense Law Firm
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.
Recent Possession of Dangerous Drugs Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles possession of dangerous drugs cases across Arizona.
Dangerous Drug Possession, Bad Search
Charges Dismissed
An unlawful vehicle search was suppressed, and the case was dismissed.
First-Offense Meth Possession
Probation, No Prison
A first-offense personal-possession case was resolved to probation and treatment under Proposition 200.
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.
Shared-Vehicle Drugs
Charges Dismissed
The State could not prove our client, a passenger, knowingly possessed drugs found in the car.
Drug Court Dismissal
Dismissed on Completion
Our client completed a drug-court program and the charge was dismissed, with no conviction.
Lab & Weight Challenge
Charges Reduced
We challenged the usable-weight calculation, dropping the case below the threshold and restoring probation eligibility.
Client reviews
What our clients say
I highly recommend Michael Tamou! He recently handled my GCE application, and I couldn't be more grateful for his help. From the very beginning, Michael was incredibly professional, knowledgeable, and thorough in making sure everything was completed perfectly. What stood out the most was his compassion—legal processes can be highly stressful, but he treated me with genuine care, kept me informed, and made me feel completely supported throughout. If you need a dedicated and skilled attorney who truly cares about his clients, look no further than Michael Tamou.
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EGEvan GibraelGoogle review · Oct 2026I cannot recommend Ms. Jacie Cotterell highly enough. From start to finish, she was absolutely amazing throughout the entire process. She was professional, knowledgeable, and always took the time to answer my questions and explain everything clearly, which gave me a lot of peace of mind during a stressful situation. What stood out most was how genuinely caring and dedicated she was. I always felt like she had my best interests at heart, and her communication was excellent every step of the way. She made a difficult experience much easier to navigate and was always patient, supportive, and reassuring. I am incredibly grateful for all of her hard work and guidance. If you’re looking for someone who is compassionate, trustworthy, and truly committed to helping her clients, I wholeheartedly recommend Ms. Jacie Cotterell. Thank you again for everything, wyou made a lasting positive impact, and I truly appreciate all that you did.
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TSTed SchroederGoogle review · Jul 2026I had an aggravated DUI case class 4 felony. With an extensive criminal record of 7 prior felonies. Mr. Tamou did an outstanding job on my case, he got me the least possible amount of time. He got the prosecutor not to allege any of my priers. I did just 4 months with a probation tail. Other lawyers I spoke with prior to retaining M. Tamou, told me the best they could get, would be a few years in prison, due to my extensive criminal history. Michael said he would fight for me and he delivered. He has relationships with the prosecutors and judges and is a great negotiator. Also he was great with communicating with me throughout the process. Always returned my calls and text messages and kept me informed. I highly recommend him.
PGPaul GonzalezGoogle review · May 2026I had a great experience with Tamou Law! Michael was very helpful. He took the time to explain everything in a way that was easy for me to understand, which made the entire process feel much less overwhelming. He was patient, professional, and always made sure I felt informed and comfortable with each step. I truly appreciated his communication and support throughout! HIGHLY RECOMMEND!
SSandraGoogle review · Apr 2026Michael is truly amazing. I am so happy that I chose him to help me with my legal situation. He is completely trustworthy. Michael was completely transparent and honest throughout the entire process and offered support to me like I was his own family member. He was patient and understanding and prompt in responding to any of my inquiries during my waiting period. His explanations were clear and logical, and I felt beyond comfortable with him. I really appreciate him and the staff in his practice, and I highly recommend him for anyone's legal needs!! Thank you, Michael! You're really the best. I appreciate you!
RLRochelle LeeGoogle review · Feb 2026Our family went through the worst time of our lives! It was wonderful to have Michael on our side fighting for us and giving us the advice we needed to take the right steps. Case Dismissed! Thank you for your hard work, dedication, and support.
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AHArmando HernandezGoogle review · 2025I can’t recommend Tamou law group enough. From day one, Micheal took the time to really listen, explained my options in a way that actually made sense, and built a strong strategy that put my mind at ease. The entire team was professional, responsive and genuinely caring throughout the whole process. They fought tirelessly and delivered a result that far exceeded my expectations. If you need a law firm you can trust completely, this is it. Thank you!
BKBryan KingGoogle review · Dec 2025
Clients reach us searching for the best dangerous drug lawyer in Phoenix, a meth possession defense attorney, or help with an A.R.S. 13-3407 charge. Tamou Law Group defends possession of dangerous drugs and other drug cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County. This page is part of our Arizona drug crime defense practice. Call 623-321-4699 for a free, confidential consultation, 24/7.
Why Tamou Law Group for Drug Charges
Most Arizona drug cases begin with a stop and a search, and they are won or lost on whether that search was lawful and whether the lab can prove what was found. We litigate both before we ever talk about a plea.
Diversion and dismissal-track outcomes
Our published results include diversion on narcotic, dangerous-drug and marijuana possession cases, and reduced charges on transportation-for-sale allegations. Where the stop or the lab is weak, we push for an outcome that leaves no conviction.
We know how drug cases are built
Former prosecutors and law enforcement officers on our team have built drug cases for the State. They know the search-and-seizure sequence a stop must follow, the chain-of-custody records a lab must keep, and what happens when either one is missing.
Possession versus sale
The line between possession and possession for sale is the line between probation and mandatory prison. We attack the inference of sale, from text messages to packaging to the weight thresholds, because that is where years of exposure sit.
Published results in this area
| Case | Charges | Outcome |
|---|---|---|
| State v. N.K. | Possession of narcotic drugs and paraphernalia (A.R.S. 13-3408, 13-3415) | Diversion |
| State v. E.T. | Possession of dangerous drugs, paraphernalia and resisting arrest (13-3407, 13-3415) | Diversion |
| State v. Y.T. | Possession of marijuana, paraphernalia and dangerous drugs (13-3405, 13-3415) | Diversion |
| State v. Z.J. | Transportation of dangerous drugs for sale (13-3407) | Reduced charge |
| State v. A.N. | Transportation and possession of narcotic drugs for sale (13-3408) | Reduced charge |
Anonymized outcomes from our case results page. Every case is different; past results do not guarantee a future outcome.
Arizona Possession of Dangerous Drugs FAQs
Quick answers to the questions we hear most about possession of dangerous drugs charges, penalties, Prop 200, and defenses.
Is possession of a dangerous drug a felony in Arizona?
Yes. Possession or use of a dangerous drug under A.R.S. 13-3407 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 dangerous drug?
Dangerous drugs are listed in A.R.S. 13-3401 and include methamphetamine, ecstasy (MDMA), LSD, psilocybin mushrooms, and anabolic steroids. They are distinct from narcotic drugs like cocaine and heroin, which fall under A.R.S. 13-3408.
Can I avoid prison for a first meth possession charge?
Often, but it is not guaranteed. Methamphetamine is excluded from Proposition 200’s mandatory probation (A.R.S. 13-901.01(H)(4)), so a judge may grant probation under A.R.S. 13-901 but is not required to. Drug court can even end in a dismissal.
What is the threshold amount for methamphetamine?
Arizona sets a threshold of 9 grams for methamphetamine. An amount at or above the threshold is often used to argue the drugs were for sale, and methamphetamine possessed for sale is not eligible for probation at any amount, so the weight the State proves is critical.
Can the drugs be ‘mine’ if they were in a shared car?
Not automatically. The State must prove you knowingly possessed and controlled the drugs. Drugs found in a shared car, home, or bag, where others had access, are very defensible on the knowledge element.
Can an illegal search get my case dismissed?
Often, yes. Most dangerous-drug 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 makes it ‘possession for sale’?
The State infers intent to sell from the amount, packaging, scales, baggies, cash, and messages, not from an actual sale. Possession for sale is a Class 2 felony with mandatory prison when the drug is methamphetamine or the amount meets the threshold, so rebutting that inference is critical.
Will a dangerous-drug 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.
What is drug court?
Drug court is a supervised treatment program for eligible defendants. Successful completion can result in a dismissal or greatly reduced sentence, an alternative to a conviction and prison.
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 dangerous drug (A.R.S. § 13-3407) is a Class 4 felony, but is often probation-eligible.
- Dangerous drugs include methamphetamine, MDMA, LSD, mushrooms, and anabolic steroids, defined in A.R.S. § 13-3401.
- Proposition 200 requires probation and treatment, not prison, for a first or second personal-possession conviction, but methamphetamine is excluded.
- Possession for sale or manufacture is a Class 2 felony, with mandatory prison for manufacture, for methamphetamine, or at the threshold amount.
- The State must prove you knowingly possessed the drug, drugs in a shared car or home are not automatically yours.
- Most cases begin with a stop and search, an illegal search can get the evidence suppressed and the case dismissed.
- 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.