A drug charge can raise urgent questions about criminal penalties, probation, employment and your future. The Law Office of Joel Chorny helps people in Tucson understand Arizona drug laws, review the evidence and prepare for the next steps in a criminal case.
Serving Tucson, Pima County and clients throughout Arizona.
Arizona law distinguishes among possession or use, possession for sale, transportation for sale, manufacturing and drug paraphernalia offenses. The substance, quantity, alleged purpose, prior record and other facts can change the applicable classification and sentencing rules.
State law addresses dangerous drugs under A.R.S. § 13-3407, narcotic drugs under § 13-3408, and marijuana under § 13-3405, subject to applicable exceptions.
A charge is not proof of guilt. Reviewing the specific allegation and the evidence—not assuming every drug case is alike—is the first step toward a meaningful defense discussion.
Keep the original records intact. Do not delete evidence or attempt to contact witnesses contrary to a court order.
These examples describe different legal issues. The charged statute and actual facts determine which rules apply.
Prosecutors may allege that someone knowingly possessed or used a controlled substance. Substance classification and eligibility for probation require careful review.
Possession-for-sale allegations are distinct from personal-use charges. The state may rely on quantity, packaging, communications and other evidence to argue intent.
Sale, transfer, manufacturing and transportation-for-sale offenses can carry substantially different exposure from basic possession.
Under § 13-3408, narcotic-drug offenses have specific classifications and sentencing provisions. The alleged drug must be accurately identified.
Dangerous-drug offenses are covered by § 13-3407. Special statutory provisions may apply to methamphetamine allegations.
§ 13-3415 addresses specified drug-paraphernalia conduct. The object's use, context and applicable exceptions matter.
Depending on the facts, drug defense may involve reviewing the legality of an investigative stop or search, whether a person knowingly possessed a substance, the reliability of laboratory testing, or whether evidence supports an accusation of possession for sale.
The Fourth Amendment and Arizona law govern searches and seizures. A warrant is required in many situations, but recognized exceptions can apply. A legal review considers what police actually did and why, rather than assuming a search was lawful or unlawful.
Our related DUI and traffic defense page explains additional concerns when a case involves driving or impairment.
Drug offenses can bring fines, probation conditions, treatment requirements or incarceration where authorized by law. The consequences of a conviction may also affect work, housing, professional licensing and background checks.
Arizona uses distinct statutory classifications for personal possession, sale and transportation involving different controlled substances. The offense listed in the charging document matters.
Drug type, quantity, threshold amounts, prior convictions, aggravating factors and mandatory statutory rules may influence sentencing options.
A conviction can raise employment, licensing, housing and other practical questions even after the criminal case ends. Outcomes must be considered individually.
Important distinction: The phrase “first-time drug charge” does not itself guarantee misdemeanor treatment, diversion or probation. Some offenses and circumstances have separate restrictions.
A.R.S. § 13-901.01 establishes probation and treatment rules for some qualifying personal possession or use convictions. It also contains explicit exceptions and does not treat drug sale, manufacturing or transportation for sale as simple personal use.
Other eligibility limitations can apply based on violence-related offenses, prior convictions, failure or refusal of treatment, and methamphetamine-related offenses. Other statutes or court programs may address different circumstances.
Whether a specific person qualifies is a question for the charges, history, facts and applicable law—not a promise that every drug case can be diverted.
Review the complaint, statutory offense, court deadlines and release conditions.
Identify reports, recordings, records and witnesses that may be relevant.
Consider search issues, proof of possession, lab evidence and charging decisions.
Prepare for hearings and consider motions, negotiations or trial as appropriate.
Every defense depends on the law and the evidence. No dismissal, reduction or sentence can be guaranteed.
If you have been accused of possessing, selling, transporting or manufacturing controlled substances, understanding the charge and preserving evidence are immediate priorities.
Attorney Joel Chorny assists clients with reviewing the allegations, understanding Arizona criminal procedure and considering the next available legal steps.
These answers are general information. The charged statute, evidence and criminal history can change the analysis.
The following primary statutes govern many issues discussed here. An attorney should check the current law alongside the specific allegations.
Possession or use, sale, manufacture, and transportation of dangerous drugs.
Offenses involving possession, sale and transportation of narcotic drugs.
Criminal provisions and references to applicable statutory exceptions.
Drug-paraphernalia provisions, factors and exceptions.
Qualifying personal-possession probation provisions and exceptions.
Eligibility rules for qualifying arrests, charges and convictions.
This page provides general legal education and does not constitute individualized legal advice. Laws and procedures can change. Contacting the firm does not create an attorney-client relationship, and results in one case do not guarantee results in another.
Contact The Law Office of Joel Chorny to review your situation, upcoming court dates and available procedural options. The firm serves clients in Tucson, Pima County and throughout Arizona.
177 N Church Ave, Suite 1100, Tucson, AZ 85701
