Dangerous Drug Possession in Arizona: ARS 13-3407
Learn about what dangerous drug possession means in Arizona, and what you can expect if you're facing these charges in the Grand Canyon State.
In Arizona, possession of a dangerous drug as per ARS 13-3407 is considered a serious crime. A “dangerous drug” means unauthorized prescription narcotics or anything other than marijuana. This usually includes painkillers, antidepressants, and addictive substances like methamphetamine, cocaine, or heroin.
Possession or Use of Dangerous Drugs
ARS 13-3407 prohibits both the use and possession of dangerous drugs, as well as:
· Possessing supplies and chemicals for creating drugs
· Possessing drugs in this category for the purpose of selling them
· Manufacturing drugs in this category
· Administering the substance to another person
· Obtaining these drugs by misrepresentation or deceit
· Transferring or transporting dangerous substances within or into the state
Dangerous Drugs in ARS 13-3407
Which drugs are considered “dangerous” according to ARS 13-3407? The substances outlined in this statute are mentioned in categories and include:
· Amphetamine substances, such as methamphetamine
· Hallucinogens like mescaline and LSD
· Testosterone and other anabolic steroids
· Depressant drugs, such as Xanax or Librium
Not only is the use or possession of dangerous drugs illegal, but the substances in other forms like isomers and salts are also illegal. It’s important to remember that it doesn’t only apply to schedule 1 or even just “illegal” drugs. The term includes drugs that are used for medical purposes and recognized to have potential for abuse.
Unlawful sale, use, or possession of medical drugs not considered dangerous for reasons of abuse potential might still fall under ARS 13-3406, depending on the situation.
Potential Consequences for Dangerous Drug Possession
Punishments for violation of this statute will differ depending on the type of substance involved, as well as the amount and the specific crime that occurred. The list of substances considered dangerous drugs is extensive and too long to mention here, but is defined in ARS 13-3405.
In the state of Arizona, possession or use of dangerous drugs is classified as a class 4 felony. But if the accused has no past felonies and the substance wasn’t an amphetamine, they may get a class 1 misdemeanor.
The punishment for a class 4 felony could be between one and almost 4 years in prison, a year in jail, and probation. The penalties increase if the accused has been convicted of a felony previously.
Proposition 200
Those accused of violating ARS 13-3407 might only face probation instead of prison or jail if they qualify under Proposition 200. This proposition changed a few drug-related laws, making it so that:
· Most of the time, a person won’t be subject to incarceration (only probation) if it’s their first time being convicted for personal possession
· The offender must, under their probation, attend an education program or drug treatment plan to qualify
· If the person violates their probation, they may receive additional conditions like community service, intensified treatment, or home arrest, but not incarceration
· An offender with three personal possession or “use of a dangerous drug” convictions may be incarcerated or offered probation
Class 2 Felonies under ARS 3407
Manufacturing dangerous drugs, possessing substances for the purpose of selling them, or administering these drugs are all considered class 2 felony crimes. Transferring or transporting dangerous substances also counts as a class 2 felony. Possession of supplies and chemicals for making meth is a class 2 felony, as well.
Class 3 Felonies
Possession of supplies and chemicals to manufacture dangerous substances other than methamphetamine, along with procuring drugs by fraud are class 3 felony crimes. Penalties for class 2 and 3 felonies are more serious than class 4 punishments.
Repeat Offenses
Certain substances will result in probation or punishment only if it’s a nonviolent first or second offense. But if the person commits a related offense a third time, they can receive jail time or probation for a few weeks.
If the accused pleads guilty to their misdemeanor charge, they can get up to six months in jail for violating probation or not complying with TASC.
The TASC Diversion Program
First-time offenders guilty of dangerous drug possession or use might be able to complete the Treatment Assessment Screening Center program (TASC). This program focuses on rehabilitation instead of incarceration and can last up to two years.
Participants are required to take group counseling sessions once a week for at least half a year. Other defendants will have to go to two meetings each week or they might need to attend a three-hour substance abuse class on the weekend. Urine testing is also required of TASC participants and fees can cost up to $2,500.
Once a person has taken this program for a previous charge related to drugs, they become “TASC ineligible.” They cannot take this program again unless they have only done it once before or have a single low-level charge from the past.
If they were caught driving on a substance, transporting or selling drugs, or involved in methamphetamine, they will receive a prison sentence or jail time for those charges.
Need help with a Dangerous Drug Possession charge in Arizona? Call us at (480) 651-8578 to speak to a criminal attorney for free.
To learn more about assault in Arizona and how it pertains to your specific charge or case, contact an attorney in your area that focuses on these types of charges. Often, you'll be able to schedule a free consultation with an attorney at no cost to you. You can also visit the Arizona Courts website or Arizona Revised Statutes to learn more.