Felony Drug Possession in Tempe: What You’re Really Up Against—and How to Fight Back
Even a single pill or a few grams of an illegal substance in your pocket can put your freedom, your finances, and your future on the line in Arizona. State law brands most possession cases as felonies; sentences can run from mandatory jail to years in prison, plus staggering fines. If Tempe police, DPS, or a campus officer at ASU has charged you—or you think an arrest is coming—read this first and contact experienced counsel immediately.
1. How Arizona Defines “Possession”
Prosecutors must prove two things beyond a reasonable doubt:
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Control or dominion – The drug was on your person, in your vehicle, home, backpack, or anywhere they can link to you; and
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Knowledge – You knew the substance existed and knew it was an illegal drug (proved through statements, fingerprints, videos, or circumstantial evidence).
2. Common Charges We See in Maricopa County
| Charge | Felony Level | Typical Triggers |
|---|---|---|
| Simple Possession | Class 4 (dangerous drugs or narcotics) – can drop to Class 1 misdemeanor if no priors & not meth | Small amounts for personal use |
| Possession With Intent to Sell | Class 2 | Larger quantities, scales, baggies, texts, or cash |
| Possession of Drug Paraphernalia | Class 6 | Pipes, syringes, bongs, baggies, digital scales |
| Manufacture / Cultivation | Class 2 | Grow rooms, pill presses, chemical lab items |
| Transportation / Trafficking | Class 2 | Moving drugs for sale—often charged on freeways or airport |
A.R.S. §§ 13-3407 (dangerous drugs), 13-3408 (narcotics), 13-3405 (marijuana).
3. Sentencing Ranges in Arizona
| Substance & Circumstances | First-Time Offender | With 1 Prior Felony | With 2+ Priors |
|---|---|---|---|
| Dangerous Drug (e.g., meth, ecstasy, LSD) | 0–1 yr jail or probation; $2,000+ fine | 1 – 3.75 yrs prison | up to 7.5 yrs |
| Narcotic (e.g., cocaine, heroin, fentanyl) | Same as above, but jumps to 15 yrs max with priors | 3 – 15 yrs | 7 – 15 yrs |
| Marijuana (>1 oz recreational limit) | 0–6 mos jail (Class 6) to 3.75 yrs prison (Class 4 if for sale) | Higher presumptive terms | Up to 7.5 yrs |
Fines: the greater of $2,000 or 3× the drug’s value—plus surcharges.
4. Collateral Damage
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Loss of job or professional license
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Ineligibility for student aid & scholarships
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Immigration consequences for non-citizens
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Driver-license suspension (certain cases)
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Background-check red flags for life
5. Defense Strategies We Use
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Illegal Search/Seizure – bad traffic stops, warrant flaws, dorm-room searches without valid consent.
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Lack of Knowledge – borrowed car or backpack, mistaken identity.
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Lab & Chain-of-Custody Challenges – incorrect weight, contamination, wrong drug.
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Medical-Use or Prop 207 Protections – cannabis amounts within legal limits.
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Diversion / TASC / Drug Court – keep the conviction off your record.
Every case is different. Early intervention often makes the difference between a dismissal, reduced charge, or prison time.
Arrested? Don’t Talk—Call Ted Law
Ted Agnick has defended serious drug cases across Maricopa County for 25+ years. From ASU campus busts to interstate trafficking stops on I-10 or the 60, we know the local courts, prosecutors, and diversion options—and how to expose weak evidence.
Free, confidential consultation 24/7
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Office: 2233 W Baseline Rd, Suite C-101, Tempe, AZ 85283
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Phone: (602) 453-3100
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Email: paralegal@tedlaw.net