Phoenix Drug Crime Defense Lawyer

Why Your Defense Starts the Moment Police Make Contact

Drug charges in Arizona can carry life-altering penalties, from prison to permanent felony records.

At Arizona Justice Law Group, attorney Zalman Sapad defends clients facing everything from personal possession to multi-state trafficking conspiracies.

We bring:

• Deep knowledge of Arizona’s drug statutes (A.R.S. § 13-3401 et seq.)
• Proven strategies from past successful defenses
• Inside insight into Maricopa County courts & prosecutors

Quick Reference: Arizona Drug Statutes & Categories

Drug Type	Key Statute	Common Examples	Felony Class (Typical)
Marijuana or Cannabis	A.R.S. § 13-3405	Flower, edibles, concentrates	Class 6–2
Dangerous Drugs	A.R.S. § 13-3407	Meth, LSD, ecstasy	Class 4–2
Narcotic Drugs	A.R.S. § 13-3408	Cocaine, heroin, opioids	Class 4–2
Prescription-Only	A.R.S. § 13-3406	Oxycodone, Xanax without prescription	Class 1 misdemeanor–4
Paraphernalia	A.R.S. § 13-3415	Pipes, bongs, scales, packaging	Class 6 felony

Marijuana Crimes – What’s Legal & What’s Not (A.R.S. § 13-3405)

✅ Legal: Adults 21+ can possess up to 1 ounce recreationally or medical allotment with a valid card.

🚫 Illegal:

• Over 1 ounce without medical card or over 5oz of concentrate
• More than 6 plants per adult / 12 per household
• Selling without license
• Public consumption

Real-World Example:

A Tempe man with 2.5 pounds of marijuana in vacuum-sealed bags was charged with intent to sell. Even though he claimed it was for “personal use,” exceeding the *2-pound threshold* triggered mandatory prison exposure.

Defense Tactics We Use:

• Challenge search legality (invalid warrant / lack of probable cause)
• Argue personal use vs. sale intent
• Use independent lab testing to dispute weight or THC content

Dangerous Drug Crimes – Meth, LSD & More (A.R.S. § 13-3407)

Includes methamphetamine, LSD, ecstasy, certain hallucinogens.

Even trace amounts can be felonies.

Threshold amount for meth: 9 grams = presumed intent to sell.

Case Spotlight – State v. Escalante (2018)

Arizona courts have drawn a clear line when it comes to drug cases. In State v. Escalante (2018), the Arizona Supreme Court explained that simply having drug paraphernalia—like a pipe, scale, or baggies—doesn’t by itself prove intent to sell. To convict on a sales charge, prosecutors must show additional evidence such as drug quantity, cash, residue, or even incriminating text messages, making the difference between a paraphernalia charge and a much more serious “intent to sell” case.

Defense Strategies:

• Attack “constructive possession” when drugs are found in shared spaces
• Suppress evidence from unlawful traffic stops
• Highlight lack of indicia of sale

Narcotic Drug Crimes – Cocaine, Heroin, Opioids (A.R.S. § 13-3408)

Covers substances with high addiction potential.

Threshold amounts:

• Heroin – 1 gram
• Cocaine – 9 grams

Hypothetical:

A college student caught with 1.2 grams of heroin faces Class 2 felony trafficking presumption*. By challenging the constitutional issues related to search and seizure–for example, if the traffic stop was unlawfully prolonged (Rodriguez v. United States | 575 U.S. 348 (2015)) , we’ve helped clients negotiate reductions to probation-eligible offenses.*

Prescription-Only Drug Offenses (A.R.S. § 13-3406)

Covers possession without prescription, forgery, “doctor shopping.”

Key Difference:

If the drug is also classified as “dangerous” or “narcotic” (like oxycodone), harsher statutes apply.

Paraphernalia Charges (A.R.S. § 13-3415)

Applies to any equipment intended for use with controlled substances.

Often added on top of possession charges.

Tactic: Challenge “intended use” — e.g., a digital scale in a kitchen may not be drug-related.

Understanding Threshold Amounts (A.R.S. § 13-3401(36))

Drug	Threshold Amount
Marijuana	2 pounds (5oz for concentrate)
Methamphetamine	9 grams
Cocaine	9 grams
Heroin	1 gram
LSD	50 units

Crossing these amounts = presumed intent to sell → mandatory prison unless rebutted.

Mandatory Probation – Prop 200 (A.R.S. § 13-901.01)

Who qualifies:

• First/second-time personal possession charges
• No intent to sell
• No violent crime involvement

Benefit: Avoids prison, focuses on treatment & supervision.

Common Defense Strategies We Deploy

• Fourth Amendment Suppression – exclude illegally seized evidence
• Lack of Knowledge/Control – drugs belonged to someone else
• Chain of Custody Breaks – challenge lab evidence reliability
• Entrapment – where police induced the offense
• Threshold Rebuttal – prove personal use despite large amounts

Alternative Sentencing & Diversion Options

• SAGE Diversion– treatment and testing, dismissal possible
• Drug Court – rehab-focused judicial program
• Deferred Prosecution – avoid conviction upon completion of terms

Aggravating Factors That Increase Penalties

• Near a school/youth center
• Involving minors in drug activity
• Weapon present
• Prior felony convictions

Federal Drug Charges – When the Feds Get Involved

• Interstate or international transport
• Large-scale conspiracies
• Federal mandatory minimums apply

Why Choose Zalman Sapad & Arizona Justice Law Group

• Proven track record in dismissals & reduced charges
• Insider understanding of Maricopa County court procedures
• Aggressive negotiation & trial skills backed by appellate knowledge

📞 Call (602) 730-1756 | 📧 ArizonaJusticeLawyer@gmail.com

Contact Arizona Justice Law