Legal Question in Criminal Law in Arizona

Re: right to have an independent test done of a substance

My opinion is that for a powdered drug such as methamphetamine you are correct. The drug has to be in a usable quantity (the amount a user would inbibe to feel the effect of the drug. Methamphetamine usable is typically from .15 - .25 MG. You are entitled to an independent test. Additionally in my opinion a field test for methamphetamine probably does not meet the Frye standard for admissibility. If not enough methamphetamine available for an independent test the judge would probably say one has to look at the weight of other evidence plus the field test (if proven reliable) to determine if the substance was methamphetamine. If no methamphetamine is available for an independent test - the judge would likely say the jury will determine if the substance was methamphetamine.