Controlled Substances in Arizona (Prescott): Schedules, Penalties & Defenses
Charged with a drug offense in Prescott or anywhere in Yavapai County? Arizona treats controlled-substance crimes seriously, but you have options. Here’s a clear, local guide to how federal “schedules” work, how Arizona charges these cases, and what defenses might apply.
Ted Law | DUI & Criminal Defense – Prescott
(928) 776-1782 • paralegal@tedlaw.net
140 N Montezuma St, Prescott, AZ 86301
Free, confidential consultation.
What is a “controlled substance”?
Under the federal Controlled Substances Act (CSA), drugs are grouped by “Schedules” based on medical use and abuse potential:
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Schedule I: high abuse potential, no accepted medical use under federal law (e.g., heroin, LSD, MDMA). Cannabis remains Schedule I federally, but Arizona voters legalized limited adult possession under Prop 207—see below.
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Schedule II: high abuse potential but accepted medical use (e.g., cocaine, methamphetamine, fentanyl, oxycodone, Adderall).
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Schedule III: moderate/low physical dependence (e.g., ketamine, anabolic steroids, testosterone).
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Schedule IV: lower abuse risk (e.g., Xanax, Valium, Ambien, Tramadol).
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Schedule V: lowest abuse risk (certain cough syrups and anti-diarrheals).
Important Arizona note: Adult recreational marijuana is legal in limited amounts under A.R.S. § 36-2852 (Prop 207). Selling without a license, possessing over the lawful limit, public use, or under-21 possession can still lead to criminal charges.
How Arizona charges controlled-substance cases
Most drug crimes are found in A.R.S. §§ 13-3401–3415. Common charges we see in Prescott/Yavapai County include:
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Possession of a dangerous drug (A.R.S. § 13-3407) – typically a Class 4 felony
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Possession of a narcotic drug (A.R.S. § 13-3408) – typically a Class 4 felony
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Possession of drug paraphernalia (A.R.S. § 13-3415) – often a Class 6 felony (Prop 207 carved out most marijuana-only paraphernalia)
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Possession for sale / transportation / manufacture – felony, with harsher ranges tied to the drug and quantity
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Prescription fraud / forged scripts / doctor shopping – felony
Penalties depend on the drug type, weight, intent (personal use vs. sale), priors, and whether the State alleges “threshold” amounts. Consequences can include:
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Felony conviction (record, firearm and voting restrictions)
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Probation or prison (months to years)
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Fines, surcharges, restitution
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Driver license impacts and immigration consequences (for non-citizens)
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Mandatory treatment or drug court (in appropriate cases)
Marijuana: where state and federal law diverge
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Arizona (Prop 207): Adults 21+ may possess up to 1 ounce of marijuana (with a smaller cap on concentrates) and grow a limited number of plants at a primary residence. Exceeding limits, selling without a license, or under-21 possession can still be charged.
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Federal law: Cannabis remains Schedule I. Federal arrests are uncommon for personal possession cases handled locally, but interstate conduct and federal lands (e.g., national forests/parks) are different animals.
Defenses we routinely explore
Every case is unique, but these are frequent, effective angles:
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Illegal stop, search, or seizure (Fourth Amendment violations → suppression of evidence)
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No knowledge / no dominion and control (actual vs. constructive possession)
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Personal use vs. “for sale” (challenge weight, packaging, cash, texts, scales, expert opinions)
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Lab & chain-of-custody issues (contamination, mislabeling, non-confirmatory testing)
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Prescription / medical justification (for scheduled meds)
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Prop 207 protections (marijuana possession within lawful limits)
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Entrapment or due-process concerns in undercover operations
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Diversion / treatment eligibility (where appropriate)
What to do now (it helps your defense)
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Do not discuss the facts with anyone but your lawyer.
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Save all paperwork (citation, release conditions, inventory/property sheets).
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Write a timeline of the stop, search, and any statements.
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Make a meds list (prescriptions, over-the-counter, medical marijuana card status).
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Call a local attorney quickly—early motions can make or break a case.
Speak with a Prescott drug-crimes lawyer today
We practice in Prescott Justice Court and Yavapai County Superior Court, and we know the local procedures, prosecutors, and options (including diversion and treatment pathways where available).
Ted Law | DUI & Criminal Defense – Prescott
(928) 776-1782 • paralegal@tedlaw.net
140 N Montezuma St, Prescott, AZ 86301
Free consultation. Immediate help available.
This page is general information, not legal advice. Outcomes depend on your specific facts.