Defenses – Dangerous Drugs Charges in Arizona Under ARS 13-3407
Dangerous Drug criminal charges in Arizona are very common and carry severe penalties.
A review of the statute, ARS 13-3407, details the different types of violations under Arizona law and explains the penalties.
In order to have a proper understanding of the statute, it is important to understand:
- What constitutes a dangerous drug under Arizona law
- The different types of conduct involving dangerous drugs that are prohibited
- The penalties associated with each type of dangerous drug charge
Here, we also discuss the most common defenses to dangerous drug crimes and invite you to contact our office for a free case evaluation if you have been charged with a dangerous drug crime.
Defenses to Possession of Dangerous Drugs in Arizona
Today we’re talking about defenses to the charge of possession of dangerous drugs. In another piece, we talked about what dangerous drugs are and how they’re classified. Here, we’re going to walk through some of the actual defenses if you’ve been charged with possession of dangerous drugs in Arizona.
There’s a lot going on with these cases. If you were to map it all out, it would fill multiple boards. But we can break it down into three main sections:
1. Possession
2. Identification of the drug
3. General criminal defense strategies
Each one of these areas presents opportunities to challenge the case.
1. Possession Is Not as Simple as It Sounds
Possession is one of the biggest issues in these cases, and it’s not as clear-cut as people think.
Someone might say, “Well, I was in possession of it,” but legally, that has a very specific meaning. Under Arizona law (A.R.S. § 13-105), possession means that a person must knowingly have either:
- Physical possession, or
- Dominion or control over the item
That’s where things start to get nuanced.
What is “dominion” or “control”?
There’s a lot of gray area here. What does it mean to actually control something?
For example:
- Something in a person’s purse is very different from something in a glove box
- One is directly on their person
- The other is nearby, but not necessarily under their control
That’s only a small physical difference, but legally it can be significant.
The “knowingly” requirement
Possession must also be a voluntary act, meaning the person knowingly exercised dominion or control.
If someone didn’t know the item was there, or didn’t know what it was, that becomes a major issue.
This is an area where a lot of strong defenses are built. It’s not black and white, and it’s something that should never be glossed over too quickly.
2. Identifying the Drug: The State Has to Prove It
Once possession is addressed, the next step is identifying the substance itself.
Just because something looks like a dangerous drug does not mean it legally qualifies as one.
An officer cannot simply come into court and say:
- “It looked like meth”
- “It smelled like meth”
- “They acted like they were on meth”
That’s not enough.
The legal standard: Beyond a reasonable doubt
The government must prove the identity of the substance beyond a reasonable doubt. This is the highest standard in American law.
If there is any reasonable doubt about what the substance actually is, the case should fail.
What goes into proper identification?
There are several key issues we look at:
Testing methodology
What type of testing was used?
Was it done in a scientifically valid way that allows someone to testify in court with confidence?
Degree of certainty
Did the lab reach a level of certainty that meets the “beyond a reasonable doubt” standard?
This often involves technical scientific analysis.
Quantity of the substance
Is there even enough material to test?
In many cases, there’s only residue or trace amounts. That can create problems for both testing and reliability.
Chain of custody
How was the substance handled?
- Who collected it?
- Who transported it?
- Who stored it?
- Who tested it?
If there are gaps or inconsistencies, that can create doubt about whether the substance tested is the same one allegedly found.
Contamination
Crime labs deal with contamination issues regularly.
The question becomes whether contamination affected the results in a meaningful way.
Personnel and credibility
Who conducted the testing?
What are their qualifications?
Do they have any history of errors or credibility issues?
If so, that can weaken the prosecution’s case.
3. General Criminal Defense Strategies
Beyond possession and identification, there are broader legal defenses that apply across many criminal cases.
These are not unique to drug charges, but they can be extremely powerful.
Illegal traffic stop
If the case started with a traffic stop, was that stop lawful?
If not, everything that followed—including any drugs found—may be suppressed.
Illegal search
Was there a valid warrant?
Were there exigent circumstances?
If law enforcement entered a home or searched property without legal authority, that can invalidate the evidence.
Miranda issues
Were statements obtained without proper Miranda warnings?
Was there coercion? If so, those statements may be excluded.
Officer misconduct
Were officers acting improperly?
Were there violations of procedure or law?
These issues can significantly impact the case.
Brady issues
If an officer has a history of dishonesty or misconduct, that must be disclosed.
This can undermine their credibility and the entire case.
Putting It All Together
As you can see, there are many different defenses to a possession of dangerous drugs charge.
It’s not just about whether something was found—it’s about:
- Whether it was actually possessed
- Whether it was properly identified
- Whether the investigation was conducted legally
These cases are serious. They are felony-level charges, and they take time to process.
There are:
- Multiple interviews
- Extensive evidence review
- Supplemental discovery requests
- Scientific and procedural analysis
Every detail matters.
What to Do If You’ve Been Charged
If you’ve been charged with possession of dangerous drugs, you want to make sure all of these areas are being carefully reviewed.
These cases are complex, and they require a thorough, strategic approach.
We use a very detailed process to break down each part of the case, identify weaknesses, and build a defense.
We offer free case evaluations and are happy to walk through your situation, explain how the process works, and outline what options may be available to you.
What are considered Dangerous Drugs in Arizona?