Methamphetamine Possession Laws and Penalties in Arizona
Updated September 2026: Methamphetamine possession remains a felony offense under Arizona law. Arizona classifies methamphetamine as a “dangerous drug,” but methamphetamine is subject to several provisions that distinguish it from many other drugs within that legal category.
One important distinction involves Arizona's statutory threshold of nine grams. Although that threshold can have significant consequences in certain methamphetamine cases, possessing nine grams or more does not automatically convert a personal-possession charge into possession for sale.
How Does Arizona Classify Methamphetamine?
Methamphetamine is specifically included in Arizona's definition of a dangerous drug under A.R.S. § 13-3401.
“Dangerous drug” is a statutory classification used by Arizona law. It includes methamphetamine, amphetamine, LSD, MDMA and numerous other controlled substances.
However, drugs within this category are not necessarily treated identically. Arizona's dangerous-drug statute contains several provisions that apply specifically to methamphetamine.
Is Methamphetamine Possession a Felony in Arizona?
Yes. Under A.R.S. § 13-3407, knowingly possessing or using a dangerous drug is generally a Class 4 felony.
Arizona law allows certain first-time dangerous-drug possession offenses to be designated as a Class 1 misdemeanor or left undesignated while the defendant completes probation. Methamphetamine, however, is specifically excluded from that provision, along with LSD, amphetamine and PCP.
That does not mean that every person convicted of simple methamphetamine possession must be sentenced to prison. Probation may still be available in qualifying cases under other provisions of Arizona law.
Can You Get Probation for Methamphetamine Possession?
Arizona law provides probation eligibility for qualifying personal-possession cases, although eligibility depends on the offense, the defendant's criminal history and other circumstances.
A.R.S. § 13-3407 contains a separate probation provision for certain people convicted of possession or use under subsection A(1). Arizona also has personal-possession and drug-treatment provisions under A.R.S. § 13-901.01.
Because methamphetamine is treated differently from some other dangerous drugs in portions of Arizona's sentencing laws, it is important to distinguish between simple possession and more serious allegations such as possession for sale, manufacturing or transportation for sale.
An experienced Tucson drug possession attorney can evaluate which sentencing and probation provisions apply to a particular case.
What Is the Statutory Threshold for Methamphetamine in Arizona?
Under the current version of A.R.S. § 13-3401, the statutory threshold for methamphetamine is nine grams, including methamphetamine in liquid suspension.
The significance of that threshold is frequently misunderstood.
Possessing nine grams or more does not automatically establish possession for sale. Arizona's statutes separately define the offense of knowingly possessing a dangerous drug for sale. The prosecution must establish the elements of the offense actually charged.
The statutory threshold instead has specific consequences for certain offenses identified in A.R.S. § 13-3407. The amount involved can also be evidence considered along with the other circumstances of a case.
Possession of Methamphetamine for Sale
Knowingly possessing methamphetamine for sale is substantially more serious than possessing it for personal use.
Possession of a dangerous drug for sale is generally a Class 2 felony. Methamphetamine cases are also subject to special sentencing provisions under A.R.S. § 13-3407.
For a conviction involving possession of methamphetamine for sale, the statute provides a sentencing range of 5 calendar years minimum, 10 calendar years presumptive and 15 calendar years maximum. A prior qualifying methamphetamine conviction can result in substantially greater sentencing exposure.
Those sentencing provisions should not be confused with simple possession under subsection A(1). The fact that someone possesses methamphetamine does not by itself establish that the substance was possessed for sale.
Manufacturing Methamphetamine in Arizona
Arizona also treats the manufacture of methamphetamine particularly seriously.
A.R.S. § 13-3407 prohibits possessing equipment or chemicals for the purpose of manufacturing a dangerous drug and prohibits knowingly manufacturing a dangerous drug. The statute contains methamphetamine-specific sentencing provisions for these offenses.
Arizona also has a separate statute addressing methamphetamine manufacturing that causes physical injury to a child under 15. A.R.S. § 13-3407.01 classifies that offense as a Class 2 felony and provides for sentencing under Arizona's dangerous-crimes-against-children statute.
Selling or Transporting Methamphetamine
Transporting methamphetamine for sale, importing it into Arizona for sale, selling it, transferring it or offering to do any of those things can also result in a Class 2 felony charge.
Arizona's methamphetamine-specific sentencing provisions apply to certain sale and transportation offenses. A conviction can therefore carry substantially different consequences from a conviction for possession of methamphetamine for personal use.
Other Charges in a Methamphetamine Case
A methamphetamine arrest can involve additional charges depending on the circumstances. Police may allege possession of drug paraphernalia, weapons offenses or other crimes based on evidence discovered during the same investigation.
The presence of paraphernalia does not automatically mean that every person near it possessed it. As with the drugs themselves, the prosecution generally must establish the elements of the particular offense charged.
Search and Seizure Issues in Methamphetamine Cases
Methamphetamine may be discovered during a traffic stop, vehicle search, search of a residence, execution of a warrant or another encounter with law enforcement.
The Fourth Amendment protects against unreasonable searches and seizures. Depending on the circumstances, a defense attorney may examine whether police had legal grounds for the initial stop, whether consent to search was valid, whether an exception to the warrant requirement applied or whether a search warrant was legally sufficient.
If evidence was obtained through an unconstitutional search, the defense may seek to have that evidence suppressed.
Charged With Methamphetamine Possession in Tucson?
If you have been arrested or charged with methamphetamine possession in Tucson or elsewhere in Southern Arizona, the specific charge matters. Simple possession, possession for sale, manufacturing and transportation are separate offenses with significantly different potential consequences.
The amount allegedly involved, your criminal history, how the methamphetamine was discovered and the other evidence in the case can all affect how the case proceeds.
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.
With the amount of meth throughout the state, methamphetamine possession charges make up a significant percentage of drug charges in Arizona. If you’ve been charged with methamphetamine possession, we may be able to help.
The Three Classifications of Drugs
Arizona has three different classifications for drugs. Marijuana is its own classification, as modern laws encourage states where it is not yet recreationally legal to take a softer stance than they have in years past. The most severe class of drugs is narcotics, which would include heroin, cocaine, and opiate pain medication without a prescription.
The middle class, called dangerous drugs, contains methamphetamine amongst many hallucinogens and party drugs. Unlike the marijuana or narcotic classifications where most drugs are treated the same but subject to different minimum sentencing depending on statutory threshold amounts, the dangerous drugs category has more room for interpretation. The system may be gentler with someone possessing something like a small amount of psilocybin mushrooms, but it won’t treat someone with methamphetamine the same way. Methamphetamine, especially because of the epidemic, is treated virtually identically to a narcotic.
Other Charges Relating to Methamphetamine Possession
Methamphetamine is virtually useless without paraphernalia, which will rack up an additional charge. Any pipes or implements used to consume methamphetamine will lead to an additional charge if they are discovered during the same search or investigation. Any weapons uncovered during the search will likely lead to additional charges that further complicate the case.
Circumstances Surround the Charge and Statutory Threshold Amounts of Methamphetamine
Methamphetamine charges are slightly harder to calculate than other charges for similar dangerous drugs. Some drugs in the same category can be reduced to class one misdemeanor, particularly plant based hallucinogens in small amounts. Methamphetamine possession is never reduced to a class 1 misdemeanor, no matter how small the amount.
Sentencing largely depends on the threshold amounts and the circumstances. Each drug has a statutory threshold amount where possession of that weight or greater leads to mandatory prison time, even if the drug wasn’t discovered to be sold by the individual who is charged. Methamphetamine’s statutory threshold amount is 9 grams, meaning that 9 grams or more is no longer considered a simple possession charge. The law sees 9 grams as too much methamphetamine for one individual and raises the charges to possession for sale.
Penalties for Possession of Methamphetamine in Arizona
As a first offense, the minimum sentence is typically 1.5 years in prison. Depending on the circumstances, that time can be reduced to 1 year or raised to 2.5 years. It is very difficult, although not unheard of, to have an attorney successfully assist in switching sentences with probation rather than a lengthy prison sentence.
Anything at or above 9 grams of methamphetamine is charged as possession for sale, as such a large amount is not deemed as being a reasonable amount of personal use. Without any other factors, the prison term is likely to be between 3 and 5 years. The average prison term is four years, but an attorney may be able to argue those charges down.
If the methamphetamine charge came along with weapons charges or other charges related to violent criminal behavior, the circumstances will change the outcome of the case. Under those circumstances, the penalty can be upwards of a 12 year prison sentence.
Because of the law’s strict stance on meth, a competent attorney is necessary to defend anyone with meth related charges. Often, creating enough doubt that the meth actually belonged to the individual or ruthlessly questioning the validity of the search that uncovered the meth may be enough to have evidence suppressed or charges dropped. In cases where a prison sentence of more than a decade is possible and common for people who do not prepare an adequate defense, those facing charges do not have any time to waste.
What to Do When You’ve Been Charged with Methamphetamine Possession
Convictions for methamphetamine possessions can destroy lives. Don’t leave your fate to chance. As soon as you’ve been charged with a methamphetamine related crime, contact the Damianakos Law Firm. Elias Damianakos, formerly an Arizona prosecutor, understands how to properly utilize the law to defend individuals facing serious dangerous drugs charges.
When you need a competent and aggressive Tucson area attorney, contact us for a free consultation. The sooner we speak with you, the sooner we can begin preparing a defense to reduce or fight your methamphetamine possession charges.