Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-3407 (2026)

Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification

✓ current as of May 2026
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A. A person shall not knowingly:

1. Possess or use a dangerous drug.

2. Possess a dangerous drug for sale.

3. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug.

4. Manufacture a dangerous drug.

5. Administer a dangerous drug to another person.

6. Obtain or procure the administration of a dangerous drug by fraud, deceit, misrepresentation or subterfuge.

7. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a dangerous drug.

B. A person who violates:

1. Subsection A, paragraph 1 of this section is guilty of a class 4 felony. Unless the drug involved is lysergic acid diethylamide, methamphetamine, amphetamine or phencyclidine or the person was previously convicted of a felony offense or a violation of this section or section 13-3408, the court on motion of the state, considering the nature and circumstances of the offense, for a person not previously convicted of any felony offense or a violation of this section or section 13-3408 may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is successfully terminated. The offense shall be treated as a felony for all purposes until the court enters an order designating the offense a misdemeanor.

2. Subsection A, paragraph 2 of this section is guilty of a class 2 felony.

3. Subsection A, paragraph 3 of this section is guilty of a class 3 felony, except that if the offense involved methamphetamine, the person is guilty of a class 2 felony.

4. Subsection A, paragraph 4 of this section is guilty of a class 2 felony.

5. Subsection A, paragraph 5 of this section is guilty of a class 2 felony.

6. Subsection A, paragraph 6 of this section is guilty of a class 3 felony.

7. Subsection A, paragraph 7 of this section is guilty of a class 2 felony.

C. Except as provided in subsection E of this section, a person who is convicted of a violation of subsection A, paragraph 1, 3 or 6 and who has not previously been convicted of any felony or who has not been sentenced pursuant to section 13-703, section 13-704, section 13-706, subsection A, section 13-708, subsection D or any other law making the convicted person ineligible for probation is eligible for probation.

D. Except as provided in subsection E of this section, if the aggregate amount of dangerous drugs involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is convicted of a violation of subsection A, paragraph 2, 5 or 7 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

E. If the person is convicted of a violation of subsection A, paragraph 2, 3, 4 or 7 of this section and the drug involved is methamphetamine, the person shall be sentenced as follows:

Minimum Presumptive               Maximum

5 calendar years  10 calendar years       15 calendar years

A person who has previously been convicted of a violation of subsection A, paragraph 2, 3, 4 or 7 of this section involving methamphetamine or section 13-3407.01 shall be sentenced as follows:

Minimum       Presumptive               Maximum

10 calendar years 15 calendar years       20 calendar years

F. A person who is convicted of a violation of subsection A, paragraph 4 of this section or subsection A, paragraph 2, 3 or 7 of this section involving methamphetamine is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

G. If a person is convicted of a violation of subsection A, paragraph 5 of this section, if the drug is administered without the other person's consent, if the other person is under eighteen years of age and if the drug is flunitrazepam, gamma hydroxy butrate or ketamine hydrochloride, the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

H. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than one thousand dollars or three times the value as determined by the court of the dangerous drugs involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title.  A judge shall not suspend any part or all of the imposition of any fine required by this subsection.

I. A person who is convicted of a violation of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or prescription-only drug except as lawfully administered by a health care practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections, as appropriate, during the duration of the term of probation or before the expiration of the sentence imposed.

J. If a person who is convicted of a violation of this section is granted probation, the court shall order that as a condition of probation the person perform not less than three hundred sixty hours of community restitution with an agency or organization that provides counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.

K. The presumptive term imposed pursuant to subsection E of this section may be mitigated or aggravated pursuant to section 13-701, subsections D and E.

 

Notes of Decisions
Cited in 162 cases (44 in the last 5 years), 1987–2026 · leading case: State v. Cheramie, 189 P.3d 374 (Ariz. 2008).
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State v. Cheramie, 189 P.3d 374 (Ariz. 2008). · cites it 16× “The statute now expressly requires a knowing mental state, and establishing a “usable quantity” remains an effective way, in a case involving such a small amount that one might question whether the defendant knew of the presence of drugs, to show that the defendant “knowingly”…”
State v. Gutierrez, 381 P.3d 254 (Ariz. Ct. App. 2016). · cites it 16× “Subpart (F) of § 13-3407 provides that a person convicted of violating § 13-3407(A)(7) for transporting methamphetamine for sale “is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence…”
State v. Welch, 12 P.3d 229 (Ariz. Ct. App. 2000). · cites it 20× “possess[ing] equipment or chemicals, or both" does not modify the intent with which the equipment and/or chemicals are possessed but the purpose for which they are possessed. The intent is identical for both crimes.”
State v. Hasson, 177 P.3d 301 (Ariz. Ct. App. 2008). · cites it 21× “A person who stands convicted of a violation of section 13-3407, subsection A, paragraph 2, 3, 4, or 7 involving methamphetamine shall be sentenced to a presumptive term of ten calendar years.”
State v. Dykes, 789 P.2d 1082 (Ariz. Ct. App. 1990). · cites it 14× “A.R.S. § 13-3407 (1988). 1 Defendant’s appeal challenges that portion of the statute which conditions the redesignation of the offense as a misdemeanor on “motion of the state.”
State v. Story, 75 P.3d 137 (Ariz. Ct. App. 2003). · cites it 12× “There is no conflict between the express language of §§ 13-3407 and 13-901.01. ¶ 13 Story contends that because § 13-901.”
State v. Gomez, 127 P.3d 873 (Ariz. 2006). · cites it 4× “See A.R.S. §§ 13-3407(0), - 604.02(B). The statutory scheme performed its function of allowing additional inquiry.”
State v. Diaz, 230 P.3d 705 (Ariz. 2010). · cites it 10× “03(B) provides an enhanced sentence for defendants convicted of possessing methamphetamine for sale who have “previously been convicted of [certain drug-related offenses specified in A.R.S. § 13-3407] involving methamphetamine” — that is, it increases the sentence for defendants…”
State v. Elliott, 37 P.3d 107 (N.M. Ct. App. 2001). · cites it 4× “Ariz.Rev.Stat. § 13-3407 (1997) (footnote omitted and emphasis added).”
State v. Martinez, 245 P.3d 906 (Ariz. Ct. App. 2011). · cites it 6× “Taking into account Martinez’s historical pri- or offense, the trial court imposed the presumptive sentence of 9.”
Foster v. Irwin, 995 P.2d 272 (Ariz. 2000). · cites it 9× “He pleaded guilty only to possession of dangerous drugs (methamphetamine) in violation of A.R.S. § 13-3407(A)(1). 1 Judgment was entered on the plea, and Foster was sentenced to three years in prison.”
State v. Bennett, 146 P.3d 63 (Ariz. 2006). · cites it 2× “She was also charged with possession of methamphetamine in violation of A.R.S. § 13-3407 (Supp. 1994). ¶ 5 The trial court correctly instructed the jury that Bennett could be convicted of felony murder only if her delay in seeking medical treatment for Greyson caused his death.”
Show all 162 citing cases →
— Ariz. Rev. Stat. § 13-3407(0) — 2 cases
State v. Gomez, 127 P.3d 873 (Ariz. 2006). “See A.R.S. §§ 13-3407(0), - 604.02(B). The statutory scheme performed its function of allowing additional inquiry.”
State Ex Rel. Goddard v. Gravano, 108 P.3d 251 (Ariz. Ct. App. 2005).
— Ariz. Rev. Stat. § 13-3407(1) — 2 cases
State v. Story, 75 P.3d 137 (Ariz. Ct. App. 2003). “There is no conflict between the express language of §§ 13-3407 and 13-901.01. ¶ 13 Story contends that because § 13-901.”
Raney v. Lindberg, 76 P.3d 867 (Ariz. Ct. App. 2003).
— Ariz. Rev. Stat. § 13-3407(7) — 1 case
Bernal v. Jensen (D. Ariz. 2022).
— Ariz. Rev. Stat. § 13-3407(A) — 4 cases
State v. Cheramie, 171 P.3d 1253 (Ariz. Ct. App. 2007).
Mejia v. Irwin, 987 P.2d 756 (Ariz. Ct. App. 1999).
State of Arizona v. Enis John Cheramie, III (Ariz. Ct. App. 2007).
State v. Johnson (Ariz. Ct. App. 2015).
— Ariz. Rev. Stat. § 13-3407(A)(1) — 44 cases
State v. Cheramie, 189 P.3d 374 (Ariz. 2008). “The statute now expressly requires a knowing mental state, and establishing a “usable quantity” remains an effective way, in a case involving such a small amount that one might question whether the defendant knew of the presence of drugs, to show that the defendant “knowingly”…”
Foster v. Irwin, 995 P.2d 272 (Ariz. 2000). “He pleaded guilty only to possession of dangerous drugs (methamphetamine) in violation of A.R.S. § 13-3407(A)(1). 1 Judgment was entered on the plea, and Foster was sentenced to three years in prison.”
Gray v. Irwin, 987 P.2d 759 (Ariz. Ct. App. 1999).
State of Arizona v. Nunez-Diaz, 444 P.3d 250 (Ariz. 2019).
State v. Taylor, 931 P.2d 1077 (Ariz. Ct. App. 1996).
— Ariz. Rev. Stat. § 13-3407(A)(2) — 30 cases
State v. Diaz, 230 P.3d 705 (Ariz. 2010). “03(B) provides an enhanced sentence for defendants convicted of possessing methamphetamine for sale who have “previously been convicted of [certain drug-related offenses specified in A.R.S. § 13-3407] involving methamphetamine” — that is, it increases the sentence for defendants…”
State v. Romero, 162 P.3d 1272 (Ariz. Ct. App. 2007).
State v. Diaz, 213 P.3d 337 (Ariz. Ct. App. 2009).
State v. Coffelt (Ariz. Ct. App. 2016).
State v. Olivier (Ariz. Ct. App. 2023).
— Ariz. Rev. Stat. § 13-3407(A)(3) — 3 cases
State v. Welch, 12 P.3d 229 (Ariz. Ct. App. 2000). “possess[ing] equipment or chemicals, or both" does not modify the intent with which the equipment and/or chemicals are possessed but the purpose for which they are possessed. The intent is identical for both crimes.”
State v. Martinez, 245 P.3d 906 (Ariz. Ct. App. 2011). “Taking into account Martinez’s historical pri- or offense, the trial court imposed the presumptive sentence of 9.”
Sorensen v. United States (D.S.D. 2021).
— Ariz. Rev. Stat. § 13-3407(A)(4) — 2 cases
State v. Welch, 12 P.3d 229 (Ariz. Ct. App. 2000). “possess[ing] equipment or chemicals, or both" does not modify the intent with which the equipment and/or chemicals are possessed but the purpose for which they are possessed. The intent is identical for both crimes.”
State of Arizona v. Jamonte Lawrence Olague, 381 P.3d 269 (Ariz. Ct. App. 2016).
— Ariz. Rev. Stat. § 13-3407(A)(7) — 26 cases
State v. Cheramie, 189 P.3d 374 (Ariz. 2008). “The statute now expressly requires a knowing mental state, and establishing a “usable quantity” remains an effective way, in a case involving such a small amount that one might question whether the defendant knew of the presence of drugs, to show that the defendant “knowingly”…”
State v. Gutierrez, 381 P.3d 254 (Ariz. Ct. App. 2016). “Subpart (F) of § 13-3407 provides that a person convicted of violating § 13-3407(A)(7) for transporting methamphetamine for sale “is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence…”
State v. Hasson, 177 P.3d 301 (Ariz. Ct. App. 2008). “A person who stands convicted of a violation of section 13-3407, subsection A, paragraph 2, 3, 4, or 7 involving methamphetamine shall be sentenced to a presumptive term of ten calendar years.”
Mielewczyk v. Holder, 575 F.3d 992 (9th Cir. 2009).
State v. Fordson, 555 P.3d 52 (Ariz. Ct. App. 2024).
— Ariz. Rev. Stat. § 13-3407(A)(l) — 1 case
State v. Hill (Ariz. Ct. App. 2018).
— Ariz. Rev. Stat. § 13-3407(B) — 1 case
State v. Dykes, 789 P.2d 1082 (Ariz. Ct. App. 1990). “A.R.S. § 13-3407 (1988). 1 Defendant’s appeal challenges that portion of the statute which conditions the redesignation of the offense as a misdemeanor on “motion of the state.”
— Ariz. Rev. Stat. § 13-3407(B)(1) — 7 cases
State v. Elliott, 37 P.3d 107 (N.M. Ct. App. 2001). “Ariz.Rev.Stat. § 13-3407 (1997) (footnote omitted and emphasis added).”
State v. Dykes, 789 P.2d 1082 (Ariz. Ct. App. 1990). “A.R.S. § 13-3407 (1988). 1 Defendant’s appeal challenges that portion of the statute which conditions the redesignation of the offense as a misdemeanor on “motion of the state.”
Goddard v. Superior Court, 956 P.2d 529 (Ariz. Ct. App. 1998).
State v. Romero, 162 P.3d 1272 (Ariz. Ct. App. 2007).
State v. Welker, 748 P.2d 783 (Ariz. Ct. App. 1987).
— Ariz. Rev. Stat. § 13-3407(B)(2) — 3 cases
State v. Martinez, 245 P.3d 906 (Ariz. Ct. App. 2011). “Taking into account Martinez’s historical pri- or offense, the trial court imposed the presumptive sentence of 9.”
State v. Siddle, 47 P.3d 1150 (Ariz. Ct. App. 2002).
Goddard v. Superior Court, 956 P.2d 529 (Ariz. Ct. App. 1998).
— Ariz. Rev. Stat. § 13-3407(B)(7) — 1 case
State v. Lucas (Ariz. Ct. App. 2014).
— Ariz. Rev. Stat. § 13-3407(C) — 1 case
State v. Gomez, 127 P.3d 873 (Ariz. 2006). “See A.R.S. §§ 13-3407(0), - 604.02(B). The statutory scheme performed its function of allowing additional inquiry.”
— Ariz. Rev. Stat. § 13-3407(D) — 1 case
State v. Schaeffer (Ariz. Ct. App. 2025).
— Ariz. Rev. Stat. § 13-3407(E) — 18 cases
State v. Gutierrez, 381 P.3d 254 (Ariz. Ct. App. 2016). “Subpart (F) of § 13-3407 provides that a person convicted of violating § 13-3407(A)(7) for transporting methamphetamine for sale “is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence…”
State v. Hasson, 177 P.3d 301 (Ariz. Ct. App. 2008). “A person who stands convicted of a violation of section 13-3407, subsection A, paragraph 2, 3, 4, or 7 involving methamphetamine shall be sentenced to a presumptive term of ten calendar years.”
State v. Diaz, 230 P.3d 705 (Ariz. 2010). “03(B) provides an enhanced sentence for defendants convicted of possessing methamphetamine for sale who have “previously been convicted of [certain drug-related offenses specified in A.R.S. § 13-3407] involving methamphetamine” — that is, it increases the sentence for defendants…”
State v. Diaz, 213 P.3d 337 (Ariz. Ct. App. 2009).
State v. Schaeffer (Ariz. Ct. App. 2025).
— Ariz. Rev. Stat. § 13-3407(F) — 4 cases
State v. Hasson, 177 P.3d 301 (Ariz. Ct. App. 2008). “A person who stands convicted of a violation of section 13-3407, subsection A, paragraph 2, 3, 4, or 7 involving methamphetamine shall be sentenced to a presumptive term of ten calendar years.”
State v. Gutierrez, 381 P.3d 254 (Ariz. Ct. App. 2016). “Subpart (F) of § 13-3407 provides that a person convicted of violating § 13-3407(A)(7) for transporting methamphetamine for sale “is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence…”
State v. Scalph, 426 P.3d 305 (Ariz. Ct. App. 2018).
State v. Maher (Ariz. Ct. App. 2014).
— Ariz. Rev. Stat. § 13-3407(H) — 7 cases
State v. Rice (Ariz. Ct. App. 2023).
State v. Garcia Del Castillo (Ariz. Ct. App. 2017).
State v. Stiefel (Ariz. Ct. App. 2015).
State v. McCartney, 493 P.3d 905 (Ariz. Ct. App. 2021).
State v. Villa (Ariz. Ct. App. 2025).
— Ariz. Rev. Stat. § 13-3407(a)(1) — 1 case
State v. Swier (Ariz. Ct. App. 2015).
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