Use and Possession of Dangerous Drugs in Arizona

In Arizona, both dangerous drugs and narcotic drugs are controlled substances, but they fall under different legal classifications and carry distinct penalties. 

Dangerous Drugs

Dangerous drugs are categorized under ARS 13-3401 and include substances that are primarily synthetic or chemically altered. These drugs are considered highly addictive and pose significant risks to users. Common dangerous drugs include:

• Methamphetamine (street names: meth, crystal, ice, crank)
• LSD (street name: acid)
• Ecstasy (MDMA) (street names: Molly, E)
• Psilocybin mushrooms (street name: shrooms)
• PCP (Phencyclidine) (street names: angel dust, wet)
• Anabolic steroids (street names: roids, juice)

These drugs are generally used for their mind-altering effects, and their possession or use can result in severe criminal penalties under Arizona law.

Narcotic Drugs

Narcotic drugs also classified under ARS 13-3401 typically include drugs derived from opium or synthetic drugs that mimic the effects of opiates. Narcotics are usually used for pain relief or recreational use, but they also come with a high risk of addiction. Common narcotic drugs include:

• Heroin (street names: H, smack, junk)
• Cocaine (street names: blow, coke, snow)
• Oxycodone (street names: oxy, percs)
• Fentanyl (street name: china white)
• Morphine (street names: M, miss emma)

These drugs are often prescribed in medical settings but are highly regulated due to their addictive nature and the potential for abuse. Possession, use, or distribution of narcotic drugs can result in even harsher penalties than those for dangerous drugs, particularly for drugs like heroin or fentanyl, which are linked to the opioid crisis.

In Arizona, drug possession charges can be based on either active or constructive possession. Active possession means that the drugs were found directly on the person, such as in their pocket or hand, demonstrating clear physical control of the substance.

On the other hand, constructive possession occurs when the drugs are not physically on the person but are found in a location over which the individual has control or access, such as a vehicle, home, or locker. Constructive possession requires proof that the person had knowledge of the drugs and the ability to control them.

The type of possession is influential because it affects the strength of the prosecution’s case. Active possession typically provides stronger evidence against the defendant since the drugs are directly on them. In contrast, constructive possession cases can be more challenging for prosecutors, as they must prove not only access to the location where the drugs were found but also that the individual knowingly possessed or intended to control the drugs. 

In Arizona, the charges and penalties for possession of a dangerous drug or a narcotic drug are governed by specific statutes—ARS 13-3407 for dangerous drugs and ARS 13-3408 for narcotic drugs. Both offenses are treated as serious felonies, but the specific penalties can vary based on factors like prior offenses, the quantity of the drug, and whether the possession was for personal use or with intent to sell.

Possession of a Dangerous Drug (ARS 13-3407)

Under ARS 13-3407, possession of a dangerous drug is considered a felony. Dangerous drugs include substances such as methamphetamine, LSD, ecstasy, and PCP. The penalties for possession depend on the type and quantity of the drug and the circumstances of the case.

Here are the charges and penalties for possession of a dangerous drug:

• Class 4 Felony for possession or use of a dangerous drug for personal use. This is the most common charge for simple possession, and penalties may include:
• Probation for first-time, non-violent offenders, especially if eligible for diversion programs like drug treatment.
• Prison sentence of 1 to 3.75 years if probation is not granted, depending on the circumstances.
• Class 2 or 3 Felony for possession with intent to sell, transport, or manufacture dangerous drugs. Penalties are more severe and can include:
• Class 2 Felony: Prison sentence ranging from 4 to 10 years.
• Class 3 Felony: Prison sentence ranging from 2.5 to 7 years.

Aggravating factors, such as large quantities of drugs or possession near a school, can increase the severity of the penalties.

Possession of a Narcotic Drug (ARS 13-3408)

Possession of a narcotic drug is treated with equally serious penalties under ARS 13-3408. Narcotic drugs include substances such as heroin, cocaine, and prescription drugs like oxycodone when possessed without a prescription.

Here are the charges and penalties for possession of a narcotic drug:

• Class 4 Felony for possession or use of a narcotic drug for personal use. The penalties are similar to those for dangerous drugs:
• Probation for first-time, non-violent offenders, often with mandatory drug treatment.
• Prison sentence of 1 to 3.75 years for possession or use if probation is not granted.
• Class 2 or 3 Felony for possession with intent to sell, transport, or manufacture narcotic drugs. The penalties are more severe and include:
• Class 2 Felony: Prison sentence ranging from 4 to 10 years.
• Class 3 Felony: Prison sentence ranging from 2.5 to 7 years.

As with dangerous drugs, the severity of the penalty can increase with aggravating factors like large quantities or possession near a school.

Drug use involves actively consuming or ingesting the substance, while possession refers to having control over the drug without necessarily using it. Proving drug use is often easier due to physical evidence like drug tests, whereas possession requires demonstrating control over the substance, which can sometimes be more challenging for the prosecution. 

In Arizona, the use of narcotic or dangerous drugs is prosecuted under ARS 13-3407 (for dangerous drugs) and ARS 13-3408 (for narcotic drugs). Both offenses are classified as felonies, meaning that even first-time offenders can face severe penalties, although diversion programs and probation may be available for certain individuals.

For the use of a dangerous drug, such as methamphetamine or ecstasy, individuals can be charged with a Class 4 felony. Penalties include:

• Probation for first-time offenders who qualify for diversion or drug treatment programs.
• Imprisonment ranging from 1 to 3.75 years if probation is not granted or if the defendant has a prior criminal record.

For the use of a narcotic drug, such as heroin, cocaine, or prescription opioids, the charges are also classified as a Class 4 felony under ARS 13-3408. Penalties mirror those for dangerous drug use:

• Probation or mandatory drug treatment for eligible first-time offenders.
• Prison time ranging from 1 to 3.75 years for repeat offenders or those who do not qualify for alternative sentencing.

The exact penalties can vary based on the type and quantity of the drug, prior offenses, and any aggravating factors. Additionally, the state may impose fines, require drug counseling, and revoke certain civil rights (such as the right to possess a firearm).

In addition to charges for drug possession or use, Arizona law under ARS 13-3407 and ARS 13-3408 covers a range of related drug crimes that can result in enhanced penalties. These offenses often come with serious legal consequences and can complicate your defense.

Drug Manufacturing

The production or cultivation of dangerous drugs or narcotics, such as operating a meth lab or growing illicit substances, is a major offense. Drug manufacturing is typically classified as a Class 2 or Class 3 felony, depending on the substance and quantity involved, and carries severe prison sentences and fines.

Transportation or Distribution

Under ARS 13-3407 and ARS 13-3408, transporting or distributing drugs can be charged as a Class 2 felony, with potential prison sentences ranging from 4 to 10 years, depending on the drug’s quantity and type.

Drug Paraphernalia

Possession of drug paraphernalia, such as syringes, pipes, or scales, is illegal under ARS 13-3415 and often accompanies drug possession or use charges. Paraphernalia possession is typically classified as a Class 6 felony or a Class 1 misdemeanor, but it can increase the severity of your case and result in additional penalties.

Possession of Drugs Near Schools

Arizona law imposes harsher penalties for drug offenses committed near schools, parks, or drug-free zones. These enhanced charges often result in increased sentencing and fines, even for what might otherwise be considered personal use or possession offenses.

A criminal defense attorney can use several strategies to disprove the elements of drug possession and use, potentially leading to a reduction in charges or even dismissal of the case.

Lack of Knowledge or Intent

One of the key elements the prosecution must prove is that the defendant knowingly possessed or used the drugs. A defense attorney can argue that the defendant was unaware of the presence of the drugs or had no intent to control them. For example, if the drugs were found in a shared space, such as a vehicle or residence, the defense can argue that the drugs did not belong to the defendant, and they had no knowledge of their existence.

Illegal Search and Seizure

Under the Fourth Amendment, individuals are protected against unlawful searches and seizures. If law enforcement obtained the drugs through an illegal search—such as without a warrant or probable cause—your attorney can file a motion to suppress the evidence. If the court agrees that the search was unlawful, the drug evidence may be excluded, which could lead to the dismissal of the charges.

Insufficient Evidence

The prosecution must present enough evidence to prove beyond a reasonable doubt that the defendant possessed or used the drugs. If the evidence is weak, such as a lack of physical proof that the defendant used the drugs, or if there are gaps in the chain of custody, the defense can argue that the evidence is insufficient to support a conviction.

Constructive Possession Challenges

In cases of constructive possession—where the drugs are not found on the defendant’s person but in an area they control—the defense can challenge the prosecution’s argument that the defendant had knowledge of and control over the drugs. This strategy is particularly effective when the drugs are found in a shared or public space, making it harder to prove that the defendant exercised control over them.

Medical Exceptions

For certain narcotic drugs, such as prescription medications, a valid medical reason for possessing the drug can serve as a defense. If the defendant had a valid prescription but was arrested for possession, providing documentation of the prescription can be a strong defense to disprove intent to use or sell the drug unlawfully.

By challenging the key elements of possession and use, a defense attorney can weaken the prosecution’s case and create opportunities for a more favorable outcome, whether through reduced charges, dismissal, or alternative sentencing options.

If you are facing drug possession or use charges in Arizona, you need a defense attorney with the experience, skill, and commitment to protect your rights. At Guardian Law, Christian Lueders brings years of experience as both a former felony prosecutor and a dedicated criminal defense attorney. As a former Deputy County Attorney for Maricopa County, Christian handled hundreds of cases across the criminal law spectrum.

Christian’s unique background as a prosecutor provides him with insight into how the state builds its cases. This allows him to craft effective defense strategies tailored to disprove the elements of drug possession and use. He is well-versed in plea negotiations, and his extensive work with experts in fields such as forensic toxicology and accident reconstruction ensures that no detail is overlooked.

With Guardian Law, you’re not just hiring an attorney—you’re gaining a strong advocate determined to fight for the best possible outcome in your case. Contact Christian Lueders and the team at Guardian Law today to schedule a consultation and begin building your defense.