What Is the Penalty for Heroin Possession in Arizona?
Updated September 2026: Arizona law continues to treat heroin as a narcotic drug, and possession of heroin can result in a felony charge. However, Arizona law distinguishes between possession for personal use and offenses involving the sale, manufacture, administration or transportation of narcotic drugs. The amount involved can also become important depending on the specific charge.
Is Heroin Possession a Felony in Arizona?
Yes. Under A.R.S. § 13-3408, knowingly possessing or using a narcotic drug is a Class 4 felony in Arizona. Heroin is included within Arizona's statutory definition of narcotic drugs. See A.R.S. § 13-3401.
A Class 4 felony is serious, but a felony charge does not automatically mean that someone convicted of personal possession of heroin will be sentenced to prison. Probation eligibility and sentencing depend on the nature of the offense, the person's criminal history and other circumstances of the case.
Can You Receive Probation for Heroin Possession in Arizona?
Arizona law provides significant distinctions between personal possession and more serious narcotics offenses. A.R.S. § 13-901.01 provides for probation for qualifying convictions involving personal possession or use of a controlled substance or drug paraphernalia. Drug treatment or education is generally required as a condition of probation under that statute.
There are important exceptions. For example, the statute excludes certain defendants with violent-crime histories and provides different consequences for people with multiple prior personal-possession convictions or who refuse drug treatment. It also does not apply to possession for sale, production, manufacturing or transportation for sale.
Because probation eligibility can depend heavily on a defendant's record and the exact charge filed, anyone facing a heroin charge should speak with an experienced Tucson drug possession attorney about the circumstances of the case.
What Is the Heroin Statutory Threshold in Arizona?
Arizona still has a statutory threshold amount for heroin. Under A.R.S. § 13-3401, the threshold amount for heroin is one gram.
However, the existence of that threshold does not mean that simple possession of one gram or more automatically results in mandatory prison.
Under the current version of A.R.S. § 13-3408, the statutory-threshold restriction on probation applies to certain offenses involving possession for sale, administering a narcotic drug to another person, and transportation or sale. Simple possession or use is addressed separately under the statute.
This distinction is important. The amount of heroin may be relevant to the prosecution's allegations and the surrounding circumstances, but simply crossing the one-gram threshold does not by itself convert a personal-possession charge into a mandatory-prison offense.
Possession of Heroin for Sale Is a More Serious Charge
Arizona treats possession for sale much more severely than personal possession. Under A.R.S. § 13-3408, possession of a narcotic drug for sale is a Class 2 felony. Manufacturing a narcotic drug is also a Class 2 felony, as are certain offenses involving transporting, selling or transferring narcotic drugs.
If the amount involved equals or exceeds the applicable statutory threshold, a conviction for certain offenses can make a defendant ineligible for probation or suspension of sentence. For heroin, that statutory threshold is one gram.
Whether prosecutors allege personal possession or possession for sale does not necessarily depend on weight alone. The evidence and circumstances surrounding the alleged offense can become important in determining what charges are filed and how the case is prosecuted.
Other Consequences of a Heroin Conviction
A conviction under A.R.S. § 13-3408 can carry consequences beyond incarceration or probation. The statute requires the court to impose 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.
Heroin Charges Can Involve Additional Criminal Charges
A heroin case may involve more than a single possession charge. Depending on the circumstances, prosecutors may allege separate offenses involving drug paraphernalia, possession for sale, transportation, weapons or other conduct.
The distinction between personal possession and a more serious narcotics offense can dramatically affect the potential consequences. This is one reason it is important to examine the evidence rather than assuming that every heroin case is treated the same way.
Charged With Heroin Possession in Tucson?
If you have been arrested or charged with heroin possession in Tucson or elsewhere in Southern Arizona, the specific facts of the case matter. The amount allegedly possessed, how the drugs were discovered, the defendant's criminal history and whether prosecutors allege personal possession or possession for sale can all 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