What Is the Penalty for Cocaine Possession in Arizona?
Updated September 2026: Cocaine possession remains a felony offense under Arizona law. However, the potential consequences depend heavily on whether the allegation involves cocaine for personal use or a more serious offense such as possession for sale, manufacturing, administering, transporting or selling cocaine.
Is Cocaine Possession a Felony in Arizona?
Yes. Arizona classifies cocaine under its narcotic drug laws. Under A.R.S. § 13-3408, knowingly possessing or using a narcotic drug is a Class 4 felony.
Cocaine is included within Arizona's statutory definitions applicable to narcotic drugs. You can review the current definitions in A.R.S. § 13-3401.
Although simple cocaine possession is classified as a felony, that does not mean every person convicted of personal possession will be sentenced to prison. Arizona law provides probation and treatment provisions for many qualifying personal-possession cases.
Can You Receive Probation for Cocaine Possession in Arizona?
Yes, depending on the circumstances. A.R.S. § 13-901.01 provides for probation for qualifying convictions involving personal possession or use of controlled substances or drug paraphernalia. Participation in an appropriate drug treatment or education program is generally required as a condition of probation under this statute.
There are exceptions. For example, the statute excludes certain people with violent-crime histories and provides different consequences for people with multiple prior personal-possession convictions or those who refuse treatment. The personal-possession provisions also do not apply to possession for sale, production, manufacturing or transportation for sale.
Because eligibility can depend on the exact charge and a person's criminal history, anyone facing a cocaine charge should discuss the specific circumstances with an experienced Tucson drug possession attorney.
What Is the Cocaine Statutory Threshold in Arizona?
Arizona uses statutory threshold amounts for certain drug offenses. Under the current version of A.R.S. § 13-3401, the statutory threshold for cocaine is nine grams, including hydrolyzed cocaine.
However, reaching the nine-gram threshold does not automatically mean that a person accused only of possessing cocaine for personal use faces mandatory prison.
Under A.R.S. § 13-3408, the statutory-threshold restriction on probation applies to specified offenses including possession of a narcotic drug for sale, administering a narcotic drug to another person, and transporting for sale, importing, selling or transferring a narcotic drug. Simple possession or use is addressed separately.
The amount of cocaine involved can nevertheless be important evidence in a criminal case. Prosecutors may consider the quantity along with other evidence when determining what charges to file.
Possession of Cocaine for Sale
Possession of cocaine for sale is considerably more serious than a personal-possession charge. Under A.R.S. § 13-3408, possession of a narcotic drug for sale is a Class 2 felony.
If the amount of cocaine involved equals or exceeds the statutory threshold of nine grams, a person convicted of possession for sale is not eligible for suspension of sentence or probation under the threshold provisions of § 13-3408.
Quantity is not necessarily the only evidence that may be relevant to an allegation of possession for sale. The circumstances surrounding the alleged possession and other evidence discovered during the investigation may also become important.
Sale or Transportation of Cocaine
Arizona law also makes it a Class 2 felony to transport cocaine for sale, import it into Arizona, offer to transport or import it for sale, sell it, transfer it, or offer to sell or transfer it.
The statutory threshold is particularly important in these cases. When the aggregate amount involved equals or exceeds the statutory threshold, § 13-3408 places significant restrictions on probation and release for a person convicted of the offenses specified by the statute.
Other Consequences of a Cocaine Conviction
A cocaine conviction can carry consequences beyond incarceration or probation. A.R.S. § 13-3408 requires a person convicted under the statute to pay a fine of at least $2,000 or three times the value of the narcotic drugs involved, whichever is greater, subject to the maximum fine authorized by Arizona law.
When probation is available and granted for an offense under § 13-3408, the statute also imposes drug-testing requirements and requires at least 360 hours of community restitution as a condition of probation.
Cocaine Cases May Involve Multiple Charges
A cocaine arrest can result in more than one criminal charge. Depending on what police allegedly discover and the circumstances of the investigation, a defendant may face allegations involving drug paraphernalia, possession for sale, transportation or other offenses in addition to possession of cocaine.
The legality of the search that resulted in the discovery of the cocaine may also become an important issue. Police generally must comply with constitutional restrictions on searches and seizures, and evidence obtained through an unlawful search may be challenged in court.
Charged With Cocaine Possession in Tucson?
If you have been arrested or charged with cocaine possession in Tucson or elsewhere in Southern Arizona, the potential consequences depend on much more than the name of the drug. The amount allegedly possessed, the circumstances in which it was discovered, your criminal history and whether prosecutors allege personal possession or possession for sale can significantly affect the case.
Elias Damianakos is a former prosecutor who represents people facing felony drug charges in Arizona. Learn more about drug possession charges in Arizona or contact Damianakos Law Firm to discuss your case.
This article provides general information about Arizona law and is not legal advice. Arizona statutes can change, and the application of the law depends on the facts of each case.
The Classification of Drugs in Arizona
Arizona has three classifications of drugs. Marijuana is its own classification and often leads to the softest penalties, especially since we’re currently living in an age where several states permit the recreational use of marijuana by treating it similarly to alcohol or tobacco.
The second classification is dangerous drugs, which applies to most naturally grown psychedelics. Individuals caught possessing psilocybin mushrooms or peyote are charged with the possession of dangerous drugs. Depending on the circumstances of the arrest, some of these individuals may be faced with lesser charges. First time offenders and cases that did not involve violence or sale of the drugs are less likely to be prosecuted with a heavy hand.
The third classification is narcotic drugs. This category is an umbrella that encompasses prescription opiate type drugs, heroin, and cocaine. Since cocaine falls under the most severe tier of drug classification, the penalties are likely to be the most severe.
You May Be Charged With More Than One Offense
Drug cases with a single charge are somewhat rare in Arizona. If you were caught with just cocaine and nothing else, you may be charged only with the possession of a narcotic. If any instruments for measuring or using cocaine, such as glass pipes, were found at the same time, this would become multiple charges. The possession of the paraphernalia is a separate charge from the possession of the drug itself, and most drug users have a tendency to store related instruments with their drugs.
The Circumstances Surrounding the Charges and Threshold Amounts
Arizona looks at the entirety of the situation before labelling you with a charge or multiple charges as it deems fit. For example, someone with no prior criminal history having a very small amount of cocaine that appears to be for personal use that was discovered through a search that turned up no additional contraband or aggravating factors is going to lead to the least harsh penalty.
If at appears as though the cocaine was intended for sale, transport, or being sold, this makes the case more complicated. If the individual being charged has prior charges, specifically if they’re related to the circumstances of their current situation, this will change the way they’re sentenced.
The state of Arizona also utilizes something called statutory thresholds to apply mandatory prison time. The amount is different for each individual drug. The statutory threshold for cocaine in Arizona is 9 grams for run of the mill street cocaine, or 750 milligrams of cocaine base or hydrolyzed cocaine.
If the amount the individual was caught with does not exceed the statutory threshold, there may be certain circumstances under which probation or a drug intervention program may be utilized as part of sentencing. The odds are far better if the individual doesn’t have any form of a criminal record, or slightly better for individuals with a short record that doesn’t involve any drug related offenses.
Penalties for Cocaine Possession in Arizona
First time offenders found with an amount of cocaine below the statutory threshold amount are eligible for lighter sentencing, and will likely successfully achieve that with the help of a competent attorney. Personal Possession and Use charges require probation, regular drug screening, and the completion of a drug related intervention or treatment program at the expense of the individual.
Repeat offenders are unlikely to see mercy. For repeat offenders charged with possession of cocaine below 9 grams, the penalty is nearly always prison.
Second and Third Offense:
| Felony Class | Expected Sentence |
|---|---|
| Class 5 | 0.5 to 2.5 years in prison |
| Class 4 | 1.1 to 3.7 years in prison |
| Class 3 | 1.8 years to 8.7 years in prison |
| Class 2 | 3 years to 12.5 years in prison |
Second offense is probation available. Third and subsequent offenses are prison mandatory.
Second Offense Exceeding Statutory Threshold
| Felony Class | Expected Sentence |
|---|---|
| Class 5 | 0.5 to 2.5 years in prison |
| Class 4 | 1.1 to 3.7 years in prison |
| Class 3 | 1.8 years to 8.7 years in prison |
| Class 2 | 3 years to 12.5 years in prison |
Not probation available.
Third Offense Exceeding Statutory Threshold
| Felony Class | Expected Sentence |
|---|---|
| Class 5 | 0.75 to 5 years in prison |
| Class 4 | 1.5 to 6.2 years in prison |
| Class 3 | 2.5 years to 11.2 years in prison |
| Class 2 | 4 years to 15 years in prison |
Penalties don’t begin and end with jail time.
The state of Arizona also applies fines to drug charges, and those fines are as high as $150,000 for each charge. If the charges are deemed to be an act of a criminal enterprise (any organized crime ring built around the sale, manufacture, or transport of drugs), the fines can become as high as $1 million per charge.
What to Do When You’ve Been Charged with Cocaine Possession in Arizona
Cocaine related charges in Arizona are no small undertaking, particularly for those with a prior history or for individuals possessing a large amount of cocaine. Before speaking with any authorities on the matter, speak with adequate and aggressive legal counsel. First time offenders found possessing small amounts of cocaine are easily able to avoid time behind bars when an experienced attorney can advocate for treatment based sentencing.
If you’re facing cocaine possession charges in the Tucson area, contact the Damianakos Law Firm immediately. With fifteen years of experience, including firsthand experience as a former felony and misdemeanor prosecutor, we know exactly how to navigate cocaine possession cases.