Methamphetamine Charges in Arizona
Arizona treats methamphetamine more harshly than many other drugs, and that can feel overwhelming after an arrest. Knowing which rules apply to your charge is the first step toward making good decisions.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We prepare every case as if it is going to trial, and we take a meticulous, aggressive approach, fighting from every angle, because the report is only one side of the story.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: Methamphetamine is a dangerous drug under A.R.S. § 13-3401(6), and meth charges are brought under A.R.S. § 13-3407.
- How it is classified: Possession or use is a class 4 felony with no misdemeanor option. Possession for sale, manufacturing and sale or transport for sale are class 2 felonies.
- Possible sentence: First-offense possession carries 1 to 3.75 years and may be eligible for probation; sale, transport and manufacturing carry 5 to 15 calendar years with no probation.
- Where the case is heard: Maricopa County Superior Court in downtown Phoenix.
- What to do now: Discuss the case only with your lawyer and get advice before your first court date.
What the law says
Under § 13-3407(A), a person may not knowingly:
- Possess or use a dangerous drug.
- Possess a dangerous drug for sale.
- Possess equipment or chemicals to manufacture a dangerous drug.
- Manufacture a dangerous drug.
- Administer a dangerous drug to another person.
- Obtain or procure the administration of a dangerous drug by fraud, deceit, misrepresentation or subterfuge.
- Transport for sale, import, sell or transfer a dangerous drug, or offer to do so.
Methamphetamine is named on the dangerous drug list in § 13-3401(6)(c). The legislature singled it out: the same statute that covers other dangerous drugs sets tougher rules when the drug is meth. The threshold amount is nine grams, "including methamphetamine in liquid suspension" (§ 13-3401(36)(d)).
How it is classified
| Conduct | Subsection | Class when the drug is meth |
|---|---|---|
| Possession or use | § 13-3407(A)(1) | Class 4 felony, no misdemeanor option |
| Possession for sale | § 13-3407(A)(2) | Class 2 felony |
| Equipment or chemicals to manufacture | § 13-3407(A)(3) | Class 2 felony (class 3 for other dangerous drugs) |
| Manufacturing | § 13-3407(A)(4) | Class 2 felony |
| Administering to another person | § 13-3407(A)(5) | Class 2 felony |
| Obtaining administration by fraud | § 13-3407(A)(6) | Class 3 felony |
| Transport for sale, import, sale or transfer | § 13-3407(A)(7) | Class 2 felony |
For many dangerous drugs, § 13-3407(B)(1) lets the court, on the State's motion, enter a class 1 misdemeanor for a first-time possession offense. That option does not apply when the drug is methamphetamine, amphetamine, LSD or PCP, or when the person has a prior felony or drug conviction.
Possible penalties
Possession. A first offense is a class 4 felony with a range of 1 to 3.75 years and a presumptive term of 2.5 years under A.R.S. § 13-702(D). With no prior felony and no other disqualifying sentencing history, possession is eligible for probation (§ 13-3407(C)).
Prop 200 does not cover meth. A.R.S. § 13-901.01 generally requires probation for personal possession, but § 13-901.01(H)(4) excludes cases where the offense involved methamphetamine. The court may still grant probation under the general probation rules if you otherwise qualify (§ 13-901.01(I)).
Sale, possession for sale, manufacturing and equipment. For these offenses involving meth, § 13-3407(E) sets the range:
| History | Minimum | Presumptive | Maximum |
|---|---|---|---|
| No qualifying prior meth conviction | 5 calendar years | 10 calendar years | 15 calendar years |
| Qualifying prior meth conviction | 10 calendar years | 15 calendar years | 20 calendar years |
These convictions are not eligible for probation, a suspended sentence or early release, with limited exceptions (§ 13-3407(F)). The presumptive term may be mitigated or aggravated (§ 13-3407(K)). The nine-gram threshold matters less here, because § 13-3407(F) bars probation for these meth offenses at any weight.
- Fine: At least $1,000 or three times the value of the drugs, whichever is greater, and it cannot be suspended (§ 13-3407(H)).
- Probation conditions: At least 360 hours of community restitution and drug testing (§ 13-3407(I) and (J)).
Consequences beyond the sentence
Your record. A felony conviction is a public record. Later relief may be possible: a set-aside sets aside the judgment of guilt, and sealing limits who can see the record. See record sealing and set-asides.
Firearms. A felony conviction can make you a prohibited possessor under A.R.S. § 13-3101(A)(7)(b) until your rights are restored, and federal law bars gun possession after a crime punishable by more than one year (18 U.S.C. § 922(g)(1)).
Immigration. Under 8 U.S.C. § 1227(a)(2)(B)(i), a noncitizen convicted of a state offense relating to a controlled substance is deportable, and a meth case does not fit the narrow marijuana exception. If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
Work and licenses. A felony drug conviction can affect jobs, housing and professional licenses. Avoiding jail is not the same as avoiding a conviction.
How we defend methamphetamine charges
The substance. Because meth triggers special sentencing, the difference between methamphetamine and another substance can change the whole case. We review the lab work, the testing method and the chain of custody.
Knowledge and possession. The State must prove you knowingly possessed the drug. When it is found in a shared car, a common area or someone else's belongings, that can be disputed.
Intent to sell. A possession for sale charge needs proof of intent to sell. Baggies, scales, cash and phone messages can have other explanations, and a person with a substance use problem may carry more than a small amount for personal use.
Manufacturing equipment. Many household items have ordinary uses. For an equipment or chemicals charge, the State must connect the items to making a dangerous drug.
The search. If the stop, the search or a consent was not lawful, your lawyer can ask the court to suppress the evidence. Statements you made can also be reviewed for how they were obtained.
Mitigation. Treatment, a period of sobriety, work history and family support can matter at sentencing and in negotiations. Some cases may qualify for a diversion program. Most state felonies in Maricopa County are prosecuted by the Maricopa County Attorney's Office, and certain cases by the Arizona Attorney General's Office, often where conduct crosses county lines or a state agency investigated.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
Not under § 13-3407(B)(1), which excludes methamphetamine from the misdemeanor option. In some cases a plea to a different charge may be negotiated, but that depends on the facts and on the prosecutor. A lawyer can tell you what options fit your situation.
Possibly. Possession is probation eligible if you have no prior felony and no other disqualifying sentencing history (§ 13-3407(C)). Prop 200's required probation does not apply to meth, so probation is up to the court. See Prop 200 possession for how the rule works for other drugs.
No. Under § 13-3407(F), a conviction for possession for sale, sale or transport for sale, manufacturing, or possessing manufacturing equipment or chemicals involving meth is not eligible for probation or a suspended sentence. The range starts at 5 calendar years for a first offense. See drug sale and transportation.
After an arrest, you see a judge for an initial appearance within 24 hours (Ariz. R. Crim. P. 4.1), and release conditions are addressed. On a felony, the right to appointed counsel attaches, and you may also hire your own lawyer.
A felony charge in Maricopa County is heard in Maricopa County Superior Court, in the downtown Phoenix criminal court complex: the Central Court Building at 201 W. Jefferson St. or the South Court Tower at 175 W. Madison St. Confirm the building on your current notice. A Maricopa County felony does not go through a justice court first. Misdemeanors are heard in a city (municipal) court or a justice court, depending on where it happened.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 13-3401: Definitions
- A.R.S. § 13-3407: Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification
- A.R.S. § 13-702: First time felony offenders; sentencing; definition
- A.R.S. § 13-901.01: Probation for persons convicted of possession or use of controlled substances or drug paraphernalia; treatment; prevention; education
- A.R.S. § 13-3101: Definitions
Cornell Legal Information Institute
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If you have been arrested, charged, or contacted by a detective, the decisions you make in the first few days matter. Nova Law Group defends misdemeanor and felony cases in the Superior Court and in municipal and justice courts across Maricopa County.
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