Joshua A. Lopez, Esq.

Trusted Criminal Defense Attorney Serving Scottsdale, Phoenix, and Maricopa County

Smart Defense. Strong Results.

Attorney Josh

Phoenix Drug Defense Lawyer

Drug charges in Phoenix range from misdemeanor marijuana possession to felony trafficking charges carrying mandatory prison sentences. Arizona’s drug laws vary significantly based on the substance, quantity, and whether the charge involves personal use, possession for sale, or trafficking. Proposition 200 provides treatment alternatives for first and second personal possession offenses, offering paths to avoid conviction for eligible defendants.

Attorney Josh Lopez represents clients throughout Phoenix facing drug charges at all levels, working to protect their rights and pursue the best possible outcome.

→ For comprehensive Arizona drug law information, see: Arizona Drug Crimes
→ For marijuana-specific expungement, see: Marijuana Expungement Lawyer

Arizona Drug Classifications

Arizona classifies controlled substances into six categories:

Dangerous Drugs (ARS § 13-3401)

Includes methamphetamine, cocaine, MDMA (ecstasy), LSD, psilocybin, and many prescription drugs when possessed without valid prescription.

Narcotic Drugs

Includes heroin, fentanyl, oxycodone, hydrocodone, morphine, and other opioids.

Marijuana

Now legal for adults 21+ in limited quantities under Proposition 207. Possession exceeding legal limits, sales without license, and possession by minors remain criminal.

Prescription-Only Drugs

Medications requiring prescription, possessed without valid prescription.

Peyote

Classified separately with specific provisions.

Vapor-Releasing Substances

Inhalants possessed for intoxication purposes.

Drug Possession Charges

Personal Possession (ARS § 13-3408, 13-3405)

Possession for personal use—without intent to sell—is typically charged as:

Substance	Classification
Dangerous drugs	Class 4 Felony
Narcotic drugs	Class 4 Felony
Marijuana (over legal limit)	Class 6 Felony
Prescription drugs	Class 1 Misdemeanor

Proposition 200 Treatment Alternative

For first and second personal possession offenses (not involving methamphetamine), Proposition 200 mandates:

Probation (not prison)
Drug treatment and education
Successful completion avoids incarceration

This is a powerful tool for eligible first-time offenders.

Drug Paraphernalia (ARS § 13-3415)

Possession of items used for drug consumption (pipes, syringes, etc.) is a Class 6 Felony.

Possession for Sale Charges

When evidence suggests intent to sell, charges escalate significantly:

Indicators of Intent to Sell

Prosecutors look for:

Quantity exceeding personal use amounts
Packaging materials (baggies, scales)
Large amounts of cash
Multiple phones or communication patterns
Statements indicating sales activity

Possession for Sale Penalties

Substance	Classification	Prison Range (First Offense)
Dangerous drugs	Class 2 Felony	4 – 10 years
Narcotic drugs	Class 2 Felony	4 – 10 years
Marijuana	Class 4 Felony	1.5 – 3.75 years

Drug Trafficking and Transportation

Drug Trafficking (ARS § 13-3408)

Trafficking involves transportation or importation of drugs for sale. Penalties depend on drug type and quantity:

Offense	Classification
Dangerous drug trafficking	Class 2 Felony
Narcotic drug trafficking	Class 2 Felony

Threshold Amounts

Possession of threshold amounts creates presumption of sales/trafficking:

Methamphetamine: 9 grams
Cocaine: 9 grams
Heroin: 1 gram
Marijuana: 2 pounds

Exceeding threshold amounts triggers mandatory prison sentences.

Common Drug Charge Scenarios in Phoenix

Traffic Stop Drug Discovery

Many drug charges originate from traffic stops where officers:

Smell marijuana (though legal amounts complicate this)
Observe drugs in plain view
Conduct searches based on consent or probable cause
Use drug dogs

Fourth Amendment search and seizure issues are common defenses.

Prescription Drug Cases

Possessing prescription medications without valid prescription—common with:

Painkillers (opioids)
Anxiety medications (benzodiazepines)
ADHD medications (stimulants)

Drug House and Party Arrests

Multiple occupants present when drugs are found creates “constructive possession” issues—who actually possessed the drugs?

Undercover Operations

Purchases from undercover officers or informants raise entrapment and reliability issues.

Defense Strategies for Drug Charges

Fourth Amendment Violations

Challenging the legality of the search:

Was the traffic stop valid?
Was consent to search voluntary?
Did probable cause exist?
Was the search warrant valid?

Illegally obtained evidence must be suppressed.

Lack of Knowledge

You must know the substance is present:

Drugs belonged to another person
You didn’t know drugs were in the vehicle/residence
Package contents unknown to you

Lack of Possession

“Constructive possession” requires more than proximity:

You didn’t control the area where drugs were found
Multiple people had access
No connection between you and the drugs

Challenging Drug Identification

The substance must actually be what the prosecution claims:

Lab testing errors
Chain of custody issues
Misidentification of legal substances

Entrapment

If law enforcement induced you to commit a crime you weren’t predisposed to commit.

Prop 200 Eligibility

For first/second personal possession offenses, pursuing treatment alternative instead of incarceration.

Marijuana Law Changes

Legal Under Proposition 207

Adults 21+ may legally possess:

1 ounce of marijuana (or 5 grams concentrate)
6 plants for personal cultivation

Still Illegal

Possession by minors
Possession exceeding legal limits
Sales without license
Public consumption
Driving under the influence

Prior Marijuana Convictions

May be eligible for expungement under Proposition 207.

→ See: Marijuana Expungement Lawyer

Collateral Consequences

Federal Law

Marijuana remains illegal federally. Federal employment, security clearances, and federal benefits may be affected.

Professional Licensing

Drug convictions affect licenses in healthcare, law, education, and other regulated professions.

Immigration

Drug convictions—even simple possession—can trigger deportation and inadmissibility for non-citizens.

Housing

Many landlords and public housing programs exclude individuals with drug convictions.

Education

Federal student aid may be affected by drug convictions.

Frequently Asked Questions

Is drug possession a felony in Arizona?

Most drug possession charges are felonies. Dangerous drug and narcotic possession is a Class 4 Felony. Marijuana over legal limits is a Class 6 Felony. Some prescription drug possession is a misdemeanor.

Can I get treatment instead of jail for drug possession?

Yes, for first and second personal possession offenses (excluding methamphetamine), Proposition 200 mandates probation with treatment instead of incarceration.

What if the drugs weren’t mine?

Lack of knowledge and lack of possession are valid defenses. The prosecution must prove you knew about the drugs and exercised control over them.

Can drug charges be dismissed?

Yes. Charges may be dismissed due to illegal searches, lack of evidence, or successful motions to suppress evidence. An attorney can evaluate your case.

What is the difference between possession and possession for sale?

Simple possession is for personal use. Possession for sale involves intent to distribute, typically indicated by quantity, packaging materials, scales, cash, or other evidence.

How does Arizona treat marijuana now?

Adults 21+ can legally possess up to 1 ounce. Larger amounts, sales without license, possession by minors, and DUI remain illegal.

Contact a Phoenix Drug Defense Attorney

Drug charges carry serious consequences—from potential prison time to lasting impacts on employment, housing, and immigration status. An experienced attorney can evaluate the evidence, challenge illegal searches, and pursue the best possible outcome, including Prop 200 treatment alternatives for eligible defendants.

Attorney Josh Lopez defends drug charges throughout Phoenix and Maricopa County.

Phoenix Office:
2601 N 3rd Street, Suite 301
Phoenix, AZ 85004

Scottsdale Office:
6991 East Camelback Rd, Suite D-300
Scottsdale, AZ 85251

Call (480) 386-1824 or complete the contact form to schedule your free consultation.