Criminal Defense Against Drug Charges Near a School Zone in Arizona
If you were arrested for a drug charge near a school zone in Arizona, you’re likely staring at steeper penalties than the same offense elsewhere. Arizona law adds extra prison time, mandatory fines, and strict limits on probation when an alleged drug crime happens within a designated “drug-free school zone.” These add-ons apply even if the underlying charge would typically be a misdemeanor or a lower-level felony.
This article explains how school zone allegations change the stakes, how prosecutors try to prove distance and location, and what defenses may be available. You’ll see how the type of drug, the amount involved, and the exact location all impact the outcome of the case. We also cover what to expect in Maricopa County courts, including Phoenix, Mesa, Scottsdale, Tempe, Chandler, Gilbert, Glendale, and Peoria.
This article discusses the following:
- Understanding Arizona’s Drug-Free School Zone Law (ARS 13-3411)
- What Counts as a “School Zone,” and How Distance Is Proven
- Types of Drug Crimes and How School Zones Change the Penalty
- Real-World Examples from Phoenix and Nearby Cities
- Penalties and Sentencing Enhancements in School Zones (with Table)
- Defense Strategies That Build a Strong Defense
- FAQs About Drug Charges Near a School Zone
- Important Things to Remember
- How Kolsrud Law Offices Can Help
You’ll also learn how an experienced criminal defense lawyer can challenge the evidence, dispute the zone boundaries, negotiate with the prosecutor, and seek outcomes that protect your record and your future. Attorney Josh Kolsrud — a former federal prosecutor who has handled more than 3,500 cases — leads the defense at Kolsrud Law Offices and has been featured in Arizona media for precise, practical legal analysis on high-profile criminal matters.
Understanding Arizona’s Drug-Free School Zone Law (ARS 13-3411)
Arizona Revised Statutes 13-3411 applies when the State claims a drug offense happened “within a drug-free school zone.” Under subsection A, it’s illegal to possess, use, sell, transfer, or manufacture certain controlled substances in these zones. The key kicker is subsection B: if the offense occurs in a school zone, the presumptive, minimum, and maximum sentence increase by one year. In addition, a person is not eligible for suspension of sentence, probation, pardon, or early release until the court-imposed sentence is served (with narrow exceptions). Courts must also impose a fine of at least $2,000 or three times the value of the drugs, whichever is greater.
This matters because even a relatively low-level drug possession could suddenly carry mandatory prison exposure and a mandatory fine. And if you’re already facing a felony, a school zone enhancement can push the range higher and limit probation options. That’s why it’s critical to understand how the statute works and where it can be challenged.
Attorney Josh Kolsrud and the team at Kolsrud Law Offices routinely analyze whether the alleged conduct truly occurred within a qualifying zone and whether the prosecutor can lawfully stack the extra year and the fine. Their goal is to keep any enhancement off the table or to reduce the underlying charge to something that avoids the add-on altogether.
What Counts as a “School Zone,” and How Distance Is Proven
Arizona law defines a “drug-free school zone” as the area within 300 feet of a school or its grounds, any public property within 1,000 feet of a school or its grounds, a school bus stop, or any school bus (including contracted buses). School personnel must post signs and districts maintain official maps of zone boundaries, which can be used as records in court.
Proving the location typically involves:
- An address for the incident and a measured distance to the nearest school property line.
- Testimony from a law enforcement officer or investigator who used mapping tools, measuring wheels, or GIS.
- The district’s certified school zone map or records from the county recorder’s office.
But these proofs related to drug violations are not ironclad. Zone maps may be outdated. Investigators can measure from the wrong point (for example, a building wall instead of the property line) or rely on satellite imagery with a wide margin of error. If the State can’t prove the required distance beyond a reasonable doubt, the school zone enhancement should not apply.
Types of Drug Crimes and How School Zones Change the Penalty
Arizona’s drug laws classify offenses based on the type of drug and the conduct involved. Common statutes the State charges include:
- ARS 13-3407 for dangerous drugs (for example, methamphetamine, certain hallucinogens) — possession, possession for sale, manufacture, and related conduct. Penalties vary from Class 4 to Class 2 felonies depending on the conduct.
- ARS 13-3408 for narcotic drugs (for example, heroin, cocaine, some opioids) — similar structure with severe felony classifications.
- ARS 13-3405 for marijuana offenses (with exceptions under voter-approved laws) — including possession, possession for sale, production, and transportation.
- ARS 13-3415 for possession of drug paraphernalia — typically a Class 6 felony unless mitigated by Prop 200 or other provisions in some circumstances.
When any of these crimes are allegedly committed within a school zone, ARS 13-3411 adds the sentencing increase (one year), the mandatory fine, and restrictions on probation or early release related to drug possession charges. That’s on top of the base penalty for the underlying offense. For example, a Class 4 possession of a dangerous drug conviction can already carry prison time; the school zone add-on escalates the exposure and makes probation harder to obtain.
Because everything turns on the facts — the type of drug, the amount of the drug, intent (personal use versus possession with intent to distribute), and the exact distance — a case strategy must be custom-built. That’s where a focused Arizona criminal defense approach can make the difference between a felony that derails your life and a result that protects your future.
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Real-World Examples from Phoenix and Nearby Cities
Example 1 (Phoenix — personal use near a bus stop). Police stop a 19-year-old outside an evening sports practice and find a small baggie of a dangerous drug. The location is a city sidewalk. The officer asserts it’s a “school zone” because there’s a bus stop around the corner. Upon review, the bus stop is not a designated school bus stop and is located more than 1,000 feet from the high school property line. With precise measurements and records from the school district, the defense shows the school zone allegation doesn’t apply. The case is recharged as a possession charge under ARS 13-3407, with eligibility for probation—a very different outcome than a school zone drug violation.
Example 2 (Mesa — possession charge with intent near elementary grounds). Detectives conduct surveillance after school hours and allege sales activity in a park that borders school property, potentially leading to serious consequences for those involved in the drug crime. The State charges possession with intent to distribute and attaches ARS 13-3411. Defense challenges the official map’s boundary and the State’s method of measuring “public property within 1,000 feet of school grounds.” A defense expert shows the officer measured from the center of the school building, not the property boundary. After a contested hearing, the court excludes the school zone enhancement, and negotiations shift toward a plea on a reduced count with an agreed probation term.
These examples illustrate how a strong defense can scrutinize location data, maps, and the State’s burden of proof. They also show that even when there’s a drug offense, the school zone allegation may not survive careful review.
Penalties and Sentencing Enhancements in School Zones
Penalties for drug crimes in Arizona depend on the offense, the type of drug, and any prior criminal history. When a case is alleged to be “within a school zone,” ARS 13-3411 adds a one-year increase to the presumptive, minimum, and maximum terms, requires a mandatory fine, and restricts eligibility for probation or early release until the sentence is served.
Remember: the base statutes still matter. Dangerous drug cases (13-3407), narcotics (13-3408), marijuana (13-3405), and paraphernalia (13-3415) each have their own felony classifications and ranges. The school zone statute then stacks the enhancement on top.
Attorney Josh Kolsrud, a former federal prosecutor, is frequently consulted by local media to explain how new drug laws and enforcement trends related to illegal drugs are applied in real courtrooms. His recent commentary for AZFamily 3TV and other outlets highlights how prosecutors press for enhancements and how defense teams can counter with facts and law.
Visual Penalties Table (Enhancements and Key Statutes)
| Charge / Statute | Base Classification & Notes | School Zone Add-On (ARS 13-3411) | Mandatory Fine | Key Citations |
| Dangerous Drugs (possession / sale / manufacture) | Typically Class 4 (possession), Class 2 (sale/manufacture) depending on facts. | Increase presumptive, minimum, and maximum by 1 year; restricted eligibility for probation/early release until sentence served. | At least $2,000 or 3× value of drugs, whichever is greater. | ARS 13-3407; ARS 13-3411(B)–(C) |
| Narcotic Drugs (possession / sale / transport) | Felony levels vary (often Class 4–2 depending on conduct and priors). | Same 1-year increase across presumptive, minimum, maximum; probation limits apply. | Same mandatory fine rule. | ARS 13-3408; ARS 13-3411(B)–(C) |
| Marijuana (possession / sale / production) | Class depends on conduct and exceptions under Title 36; penalties escalate for sale/production. | Add 1 year to presumptive, minimum, maximum; limits on probation/early release. | At least $2,000 or 3× value of drugs. | ARS 13-3405; ARS 13-3411(B)–(C) |
| Drug Paraphernalia | Often Class 6 felony; outcomes vary with Prop 200 eligibility. | If paraphernalia is tied to offense in a school zone, the enhancement and fine can still come into play. | Same fine rule when 13-3411 is charged. | ARS 13-3415; ARS 13-3411(C) |
| Definition of “Drug-Free School Zone” | Within 300 feet of a school/grounds; any public property within 1,000 feet of school/grounds; school bus stop; any school bus. | Enhances otherwise applicable sentence by 1 year. | Mandatory fine cannot be suspended. | ARS 13-3411(A),(B),(C),(I) |
Defense Strategies That Build a Strong Defense
A strong defense against drug charges in Arizona — especially within a school zone — requires early investigation and careful, technical challenges. Below are proven defense strategies we use:
- Challenging the “school zone” itself
Was the measurement correct? Did the State measure from the proper point (the property boundary rather than the building)? Is the map current and filed as required? Does “public property within 1,000 feet” actually apply to where the officer stood? Disputing any of these points can remove the enhancement and dramatically reduce exposure
- Suppressing the stop, search, or seizure
If officers lacked reasonable suspicion or probable cause, or if a warrant was defective, evidence can be suppressed. Without the drugs or paraphernalia, the State’s case often collapses. This is especially effective in areas with high patrol presence, such as around schools. - Attacking intent (personal use vs. possession with intent to distribute)
Packaging, scales, cash, text messages — prosecutors use these to argue illegal drugs sales. A defense can offer lawful explanations or show that the amount of the drug and the surrounding facts are consistent with personal use, not distribution, to contest the drug possession charges. That can shift a Class 2 or 3 felony down to a lesser offense. - Questioning lab results and “type of drug”
Chain-of-custody issues, contamination, or faulty field tests can undermine the State’s proof that the seized material is a controlled substance. An independent lab review can reveal errors. - Witness credibility and surveillance weaknesses.
School-adjacent cases sometimes involve observations from a distance, nighttime lighting, or camera footage with poor resolution. Demonstrating these weaknesses in the evidence can create reasonable doubt regarding the drug possession charges. - Constitutional rights violations (Miranda and interrogation)
Statements made without proper warnings — or after invocation of counsel — can be excluded. Without those statements, the narrative of “intent to sell” may weaken. - Negotiation tactics focused on public-safety goals.
Where treatment, education, or community service addresses the court’s concerns about drug use near schools, creative resolutions can avoid incarceration or the school-zone add-on, particularly for first-time offenders and cases with minimal criminal history.
Kolsrud Law Offices builds a strategic defense grounded in these tactics. Josh Kolsrud’s experience as a former federal prosecutor means he knows how cases are constructed — and how to deconstruct them to pursue dismissals, reductions, or alternatives to jail time.
FAQs About Drug Charges Near a School Zone
What exactly is a “drug-free school zone” under Arizona law?
It includes the area within 300 feet of a school or its grounds, any public property within 1,000 feet of a school or its grounds, any school bus stop, or a school bus.
How does a school zone change my penalty?
If the enhancement applies, the court increases the presumptive, minimum, and maximum sentence by one year, and you face a mandatory fine. You’re also restricted from probation or early release until the sentence is served, with narrow statutory exceptions.
What if I were arrested at night or when school wasn’t in session?
Time of day doesn’t remove the zone. The definition is based on distance and location, not whether the school is open. That said, location proof and mapping can still be subject to challenge.
Do paraphernalia charges count for a school zone enhancement?
They can. If the paraphernalia charge is tied to conduct within the zone, prosecutors may allege ARS 13-3411 in conjunction with ARS 13-3415. The defense can still contest both the school zone drug violation and the underlying paraphernalia proof.
I’m charged with a dangerous drug for sale near a school — am I guaranteed prison?
Not necessarily. Outcomes depend on the facts, your criminal history, the strength of the State’s evidence, and effective advocacy. Disproving the zone or reducing “for sale” to simple possession can open probation pathways that were previously closed.
How do prosecutors measure the distance?
They often use GIS, laser rangefinders, or measuring wheels, along with a school district map. Those methods are not infallible. Defense can use certified surveys, updated maps, and cross-examination to show the State’s measurement is unreliable.
Where does Josh Kolsrud appear in the media?
He has been featured discussing Arizona drug laws and high-profile criminal cases on Phoenix outlets, including AZFamily 3TV and 12 News, and he recently provided analysis on school-zone-adjacent issues and felony charging trends. These appearances reflect the practical experience he brings to client cases.
Important Things to Remember
- A school zone enhancement increases sentencing ranges by one year and adds a mandatory fine for drug violations; it also limits probation and early release.
- The zone is defined by strict distances: 300 feet from the school/grounds and 1,000 feet from public property, including school buses and bus stops.
- Location proof can be wrong — outdated maps or bad measurements are common defense entry points.
- Outcomes depend on the offense level, the controlled substance involved, the amount of the drug, and your criminal history.
- Early action by a criminal defense attorney can preserve evidence, challenge the enhancement, and protect your rights.
How Kolsrud Law Offices Can Help
Whether you’re facing drug charges in Arizona that allegedly happened within a school zone or you’re under investigation and worried you may face drug charges in the coming weeks, Kolsrud Law Offices can step in quickly to protect you. As a former Assistant United States Attorney, Attorney Josh Kolsrud understands how police and prosecutors build school-zone cases — from mapping and GIS to lab testing and digital evidence. That experience allows our team to anticipate the State’s next move in drug violation cases and counter it with a strong defense backed by facts and law.
We begin with a focused case review, including the exact location, the district map, how officers measured the distance, and the basis for the search and seizure. We then craft a strategic defense aimed at removing the school-zone allegation, reducing a felony to a lesser offense, or positioning the case for dismissal or diversion when possible. This is the “effective defense” approach that clients expect from an experienced criminal defense attorney who handles drug crimes in Arizona courts daily.
Our recent press mentions and media analysis of Arizona drug laws and high-profile cases reflect the courtroom insights we bring to each client — the same insights that help us negotiate with prosecutors and, when necessary, take a case to trial.
Kolsrud Law Offices offers a free consultation and direct access to a criminal defense lawyer. Call (602) 691-4427 or visit kolsrudlawoffices.com to contact us. If you prefer email, you can reach out to us through our website’s contact form for a prompt response. We serve Phoenix and all of Maricopa County, including Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, and Peoria, and handle cases statewide.
An award-winning criminal defense attorney Since 2006
Why Choose Josh Kolsrud
With over 100 trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication
Experience
Josh has prosecuted major crimes on the state and federal level, led a successful anti-human sex trafficking operation that saved lives, and argued before countless juries and justices for his clients
Expertise
Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.
Dedication
As a prosecutor, Josh saw far too many defendants lose their livelihood due to poor representation. Josh will always give every client his complete attention and effort
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