ARS 13-3408: Arizona Narcotic Drug Charges and Penalties

Arizona Revised Statutes section 13-3408 is the state’s primary narcotic drug law, and every violation of it is a felony. Charges run from a class 4 felony for personal possession or use up to a class 2 felony for selling, manufacturing, transporting, or administering narcotics to another person. A first-time offender can face anywhere from probation to 12.5 years in prison, and fentanyl trafficking over 200 grams triggers a separate mandatory sentencing scheme that reaches 15 years on a first conviction. Arizona law also creates a mandatory probation path for first- and second-time personal possession, which changes the picture significantly for many defendants.

Which Drugs the Statute Covers

ARS 13-3408 applies only to “narcotic drugs.” That category includes heroin, cocaine, fentanyl and its analogs, opium, methadone, oxycodone, codeine, and dozens of other opioids and coca-derived substances.¹

Other controlled substances sit under different statutes. Methamphetamine, PCP, and anabolic steroids are “dangerous drugs” under ARS 13-3407. Marijuana is addressed under ARS 13-3405, and recreational use by adults 21 and older is legal after Proposition 207. If you are charged under 13-3408, the substance is almost certainly an opioid, cocaine, or a fentanyl product.

The Seven Prohibited Acts

You violate ARS 13-3408 if you knowingly do any of the following:

Possess or use a narcotic drug.
Possess a narcotic drug for sale.
Possess equipment or chemicals for manufacturing a narcotic drug.
Manufacture a narcotic drug.
Administer a narcotic drug to another person.
Obtain a narcotic drug through fraud or misrepresentation.
Sell, transport for sale, or import a narcotic drug into Arizona.

“Knowingly” carries weight. Prosecutors must prove awareness of the conduct, though not knowledge of the drug’s exact chemical identity.¹

Felony Class for Each Violation

Each prohibited act maps to a specific felony class:

Class 4 felony: personal possession or use.
Class 3 felony: possessing manufacturing equipment or chemicals; obtaining a narcotic through fraud.
Class 2 felony: possession for sale; manufacturing; administering to another person; and selling, transporting, or importing.

Four of the seven violations sit at the class 2 level, which reflects the state’s focus on distribution conduct. Evidence pointing to intent to sell rather than personal use pushes a charge from a class 4 to a class 2 felony.¹

Prison Ranges for a First-Time Offender

Arizona uses a structured sentencing grid. For each felony class, the law sets a presumptive term, then permits adjustment within a range based on aggravating or mitigating factors proven in court. The ranges below apply to defendants with no prior felony convictions.²

Class 2 Felony

Mitigated: 3 years
Minimum: 4 years
Presumptive: 5 years
Maximum: 10 years
Aggravated: 12.5 years

Class 3 Felony

Mitigated: 2 years
Minimum: 2.5 years
Presumptive: 3.5 years
Maximum: 7 years
Aggravated: 8.75 years

Class 4 Felony

Mitigated: 1 year
Minimum: 1.5 years
Presumptive: 2.5 years
Maximum: 3 years
Aggravated: 3.75 years

Prior felonies raise every number, sometimes sharply. Reaching the aggravated end requires at least two aggravating factors proven beyond a reasonable doubt.²

Fentanyl Over 200 Grams

Arizona carves out a stricter scheme for large-quantity fentanyl cases. If you are convicted of selling 200 or more grams of fentanyl, the standard class 2 grid no longer applies. The court must sentence within this range instead:³

First offense: 5 years minimum, 10 years presumptive, 15 years maximum.
Repeat offense: 10 years minimum, 15 years presumptive, 20 years maximum.

The same mandatory range applies to possession of 200 or more grams of fentanyl in a motor vehicle with intent to sell or transport for sale.³

When Probation Is on the Table

Probation eligibility depends on which act you were convicted of and your record.

Eligible Offenses

Personal possession or use, possessing manufacturing equipment, and fraudulent acquisition all allow probation if you have no prior felonies and no other statutory disqualification.¹

Where Probation Is Barred

Manufacturing narcotics bars probation entirely, no matter your history. For possession for sale, administering to another, and selling or transporting, probation is barred once the amount involved reaches the statutory threshold amount. Below the threshold there is judicial discretion, though probation is rare in class 2 distribution cases.¹

Mandatory Probation Under Proposition 200

Proposition 200, passed in 1996, does more than make probation available for personal possession. For a first or second conviction for personal possession or use of a controlled substance, the court must suspend the prison sentence and place the defendant on probation with mandatory drug treatment. The statute uses “shall,” and it overrides the normal sentencing rules.⁴

The protection has limits. It does not apply to possession for sale, manufacturing, or transportation. It also does not apply if you have a prior violent conviction, if this is your third or later possession offense, if you previously refused drug treatment, or if the offense involved methamphetamine. Because methamphetamine falls under ARS 13-3407, the meth exclusion mainly affects cases where meth is charged alongside a 13-3408 count. For a straightforward first heroin or cocaine possession case, Proposition 200 almost always applies.⁴

If you violate probation under this provision, the court can impose intensive probation or home arrest, but cannot send you to prison unless you committed a violent offense or violated a court order tied to drug treatment.⁴

What Probation Looks Like

Probation under ARS 13-3408 comes with specific conditions. The court must order at least 360 hours of community restitution with organizations providing drug counseling, rehabilitation, medical treatment for substance abuse, or crime victim services. That is roughly nine weeks of full-time work, and it must happen at qualifying organizations, not through general community service.¹

You are also barred from using marijuana, dangerous drugs, narcotic drugs, or prescription medications unless lawfully prescribed. Drug testing under county probation supervision runs the entire term. A failed test or missed appointment can trigger a violation hearing.¹

The Mandatory Fine

Every conviction under ARS 13-3408 carries a mandatory fine of at least $2,000 or three times the value of the narcotics involved, whichever is greater.¹ The court sets the drug value, and in trafficking cases that figure can be substantial. Judges cannot reduce or suspend any portion. The fine comes on top of prison or probation, not instead of it, and it does not include separate surcharges, assessments, or restitution.

Consequences Beyond the Case

A felony narcotic conviction reaches into areas outside the criminal case itself.

Immigration

For noncitizens, a narcotic conviction is among the most serious immigration consequences that exist. Federal law makes any person convicted of a controlled substance violation deportable, with a narrow exception only for a single marijuana possession offense involving 30 grams or less.⁵ A conviction under ARS 13-3408 for heroin, cocaine, or fentanyl falls outside that exception. A controlled substance conviction also makes a person inadmissible, blocking future visas and reentry.⁶

Firearms

Arizona treats anyone convicted of a felony as a prohibited possessor who cannot legally own or carry a firearm. Possessing a gun while prohibited is a separate felony. Firearm rights can potentially be restored after the sentence is complete, but restoration requires a court application and is not automatic.

Employment and Licensing

State licensing boards regularly deny or revoke licenses for drug-related felonies, particularly in healthcare, education, law enforcement, and other fields with patient care or controlled substance access. Federal law imposes a lifetime disqualification from a commercial driver’s license for anyone who uses a commercial motor vehicle in a drug felony involving manufacturing or distribution.⁷

Housing

Public housing authorities can deny applicants with drug-related criminal histories, and tenants evicted for drug activity face a mandatory three-year ban on readmission under federal law. Private landlords commonly screen for felony convictions.

Setting Aside the Conviction

Arizona does not offer true expungement for felony drug convictions, but you can apply to have the judgment of guilt set aside after completing your sentence or probation. A set-aside does not erase the conviction, but it releases you from most of the penalties and disabilities that come with it.⁸

You or your attorney file the application once all sentence conditions are complete. The court can also issue a “certificate of second chance” with the set-aside after a waiting period: two years after completing the sentence for a class 4 felony possession conviction, and five years for class 2 or class 3 felonies. Set-asides are not available for offenses classified as “dangerous,” but standard 13-3408 convictions are generally eligible.⁸

A set-aside can help with employment and housing applications, but it does not restore firearm rights on its own, the original conviction still appears on background checks with a set-aside notation, and for federal immigration purposes a set-aside conviction is still treated as a conviction.

1
Arizona Legislature. Arizona Revised Statutes Title 13 Section 13-3408
2
Arizona Legislature. Arizona Revised Statutes 13-702 – First Time Felony Offenders; Sentencing; Definition
3
Arizona Legislature. Arizona Revised Statutes 13-3408 – Possession, Use, Administration, Acquisition, Sale, Manufacture or Transportation of Narcotic Drugs
4
Arizona Legislature. Arizona Revised Statutes 13-901.01 – Probation for Persons Convicted of Possession or Use
5
Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens
6
Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens
7
Office of the Law Revision Counsel. 49 USC 31310 – Disqualifications
8
Arizona Legislature. Arizona Revised Statutes Title 13 Section 13-905 – Setting Aside Judgment of Convicted Person