Common Felony Drug Offenses In Arizona
Arizona takes drug-related offenses seriously.
There is a wide range of drug offenses in Arizona.
Many drug charges, especially those involving possession, distribution, or manufacturing, are classified as felonies and can result in life-altering penalties. Understanding the way Arizona classifies and prosecutes drug offenses can help you make informed decisions and protect your rights.
At R&R Law Group, we help individuals charged with drug crimes navigate the legal system with clarity and confidence. If you or a loved one is facing a felony drug charge, you don’t have to go through it alone.
How Are Felony Drug Charges Determined?
Felony drug cases often begin with routine police contact, such as a traffic stop or a response to a noise complaint or disturbance. During these encounters, officers may claim to detect the odor of marijuana, observe paraphernalia, or discover substances during a pat-down or search.
While recreational marijuana is now legal in Arizona in small amounts (thanks to Proposition 207), unlawful possession, sale, or transportation of drugs, including marijuana in excess of the legal limit, can still result in felony charges. Methamphetamine, cocaine, heroin, and unauthorized prescription drugs are especially common in felony-level cases.
Is Drug Possession a Misdemeanor or Felony?
In most cases, drug possession is charged as a felony. Realistically, almost all drug charges are felonies; even possession of marijuana. Possession of drug paraphernalia and/or possession of marijuana could be classified as a misdemeanor; a lot of times, it is determined by how the police officer writes it up. Arizona law does allow for some misdemeanor-level charges in limited circumstances (such as small quantities of marijuana or prescription medications), but generally, charges like:
- Possession of dangerous drugs
- Possession of narcotic drugs
- Possession of drug paraphernalia
These are prosecuted as Class 4 or Class 6 felonies, depending on the facts of the case.
Whether your charge is prosecuted as a misdemeanor or felony can also depend on how the arresting officer writes the report, or whether the case is handled at the city or county level. City prosecutors may pursue lesser charges, while county attorneys typically file felony charges.
How Arizona Classifies Controlled Substances
Controlled substances are divided into several categories under A.R.S. § 13-3401. The three most common categories for felony charges are:
- Dangerous drugs (e.g., methamphetamine, certain amphetamines, hallucinogens)
- Narcotic drugs (e.g., heroin, cocaine, opioids)
- Marijuana (outside of legal recreational or medical limits)
Possession of dangerous or narcotic drugs is usually a Class 4 felony, even for a first offense.
What Is a “Dangerous Drug”?
The term “dangerous drug” can be misleading. Many individuals are surprised to learn that certain prescription medications (such as Adderall or Xanax, when possessed without a prescription) fall into this category. Being charged with possession, even unknowingly, can lead to serious consequences.
What Aggravates a Drug Charge in Arizona?
Certain factors can elevate a charge from simple possession to something far more serious:
- Possession for sale
- Possession of multiple types of drugs
- Prior felony convictions
- Being over the threshold amount
Any of these can result in mandatory prison time, even for a first offense.
A lot of people don’t really understand the concept of what’s considered a dangerous drug. People think a dangerous drug is just methamphetamine, but there are many prescription drugs that can be considered dangerous or narcotic drugs. People unknowingly can be looking at and facing a very serious Class IV felony.
What Is a Threshold Amount?
A “threshold amount” refers to the minimum weight of a substance that can trigger harsher sentencing, including mandatory prison terms. Arizona has set threshold amounts for many substances, such as:
- Marijuana – 2 pounds
- Methamphetamine – 9 grams
- Cocaine – 9 grams
- LSD – 0.5 milliliters
- PCP – 4 grams
If you’re accused of possessing more than the threshold amount, you could be facing presumptive sentencing, even without prior convictions.
How Long Does a Drug Case Take in Arizona?
- Timelines can vary, but here’s a general breakdown:
Early Disposition Court (for simple possession): about 60 days - Pre-trial process in Superior Court: usually 2–3 additional months
- Trial cases involving sales or co-defendants: may take 6–9 months or more
Every case is unique. Our attorneys can help you understand the timeline and options specific to your situation.
You’re Not Alone R&R Law Can Help
Being charged with a felony drug offense is frightening, but you don’t have to navigate it by yourself. Whether you’re dealing with methamphetamine, narcotics, or a misunderstanding involving prescription meds, we’ll help you understand your rights and build a defense that works for you.
Reach out to R&R Law Group today to schedule a free and confidential consultation.
We’re here to listen, guide, and fight for the best outcome possible.
Call us now at (602) 497-3088 or contact us online to get started. For more information on Felony Drug Offenses In Arizona, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (480) 400-1355 today.
