Possession, Use, Acquisition, Manufacture, or Transportation of Dangerous Drugs

What is Possession, Use, Acquisition, Manufacture, or Transportation of Dangerous Drugs in Arizona; A.R.S. 13-3407

The relevant statute (A.R.S. § 13-3407) specifically prohibits the possession, use, acquisition, manufacture, or transportation of dangerous drugs.

Arizona law defines "dangerous drugs" separately from marijuana. This category includes substances like cocaine, methamphetamine, and steroids.

Possession of prescription medication not prescribed to the individual (e.g., someone else's pain killers or certain antidepressants, depending on their controlled substance classification) is illegal and can fall under either "dangerous drug" or "narcotic drug" statutes, depending on the specific substance's chemical makeup and legal classification.

Cocaine and methamphetamine are indeed classified as "dangerous drugs" under Arizona law. Heroin and most common pain killers (opioids like oxycodone, fentanyl) are typically classified as "narcotic drugs" under a separate statute (A.R.S. § 13-3408), though they are also serious offenses. Antidepressants are generally not controlled substances, but unauthorized possession of certain highly regulated medications could still lead to charges.

In Arizona, the possession or use of a dangerous drug is a class four felony.

Defenses to Possession of a Dangerous Drug; A.R.S. 13-3407

Possession of a Dangerous Drug is a class four felony and is considered a "dangerous drug" which means an unauthorized prescription narcotic or anything other than marijuana. Most common forms of narcotic drugs are cocaine, heroin,methamphetamine, pain killers and antidepressants.This Statute prohibits both the possession or use of dangerous drugs.Defenses to Possession of a Dangerous Drug include:not guilty substance is not a narcotic mistaken identity lawful possession or use insufficient evidence.

Common defenses for a charge of Possession of a Dangerous Drug include:

Not guilty: Challenging the prosecution's case in its entirety.
Substance is not a narcotic/dangerous drug: Disputing the identification of the substance.
Mistaken identity: Arguing the defendant was wrongly identified as the offender.
Lawful possession or use: Demonstrating a valid prescription or legal authorization for the substance in question.
Insufficient evidence: Contending that the prosecution has not met the burden of proof regarding possession or knowledge.

In addition to the defenses mentioned (not guilty, substance identification, mistaken identity,

lawful possession, insufficient evidence), other common defenses to a dangerous drug violation in Arizona focus on challenging the legality of police actions, the state's evidence, and the defendant's mental state:

Illegal Search and Seizure: If law enforcement found the drugs during an unlawful stop or search (without a warrant or probable cause), the evidence may be suppressed (excluded) under the Fourth Amendment, which often leads to the case being dismissed.
Lack of Knowledge: The prosecution must prove the defendant knowingly possessed the illegal substance. A defense can be made that the defendant was unaware of the drugs' presence, especially if they were in a shared space (e.g., a friend's car, a common area of a house) or placed in their belongings by someone else.
Drugs Belonged to Someone Else: This is a specific application of the lack of knowledge defense, arguing the drugs were in the control or possession of another person, not the defendant.
Issues with Evidence Handling (Chain of Custody): The police and lab must follow strict procedures to ensure the evidence is the same as that seized at the time of arrest and has not been tampered with. A breach in the chain of custody or lab analytical errors can be a valid defense.
Entrapment: This is an affirmative defense where it is argued that law enforcement officers or their agents induced the defendant to commit a crime they were not predisposed to commit.
Miranda Rights Violations: If the police failed to read the defendant their Miranda rights (right to remain silent, right to an attorney) before a custodial interrogation, any self-incriminating statements made during that interrogation may be suppressed.
Challenging Witness/Informant Credibility: If the case relies on the testimony of a confidential informant, the defense can challenge the informant's reliability or motives (e.g., receiving payment or a reduced sentence in exchange for testimony).
Procedural Errors: General procedural missteps or sloppy police work, such as misstatements in police reports, can be used to raise reasonable doubt about the prosecution's case.

Contact Brian Di Pietro Law, PLLC, Arizona's Tough Experienced Aggressive Drug Offense Lawyer

Contact Brian Di Pietro Law, PLLC today for a free case evaluation about your pending Drug Offense Case in Arizona. Brian Di Pietro is an experienced, tough, aggressive criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular Drug Offense. Contact now Brian Di Pietro Law, PLLC at 623-242-2655 for a free confidential case evaluation about your Drug Offense charge in Arizona.

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