What To Know If You Have Been Arrested For Drug Manufacturing In Arizona?

Drug Abuse has reached crisis proportions throughout the United States. 53 million Americans over 12 years of age have used illegal drugs or misused prescription drugs within the last year. Almost 70,000 people die of drug overdoses annually. According to a study conducted by American Addiction Centers (AAC), Arizona ranks in the top 10 cities for the use of Marijuana (65%), Cocaine (22.5%), and Methamphetamines (15%). To stop drug-related deaths, Arizona has passed legislation to stiffen penalties for drug-related offenses. The production, cultivation, and manufacture of dangerous drugs are among Arizona’s most-severe drug-related crimes.

What does Drug Manufacturing include?

All states have laws against the manufacture a dangerous drug or narcotic. However, different states include different actions in the criminal statute. Even when the terms are phrased the same, each state’s court system could interpret them in a different way. Varying words and interpretations can lead to different results in different states.

• Each state varies in whether drug manufacturing includes:
• Partial drug manufacturing
• Alteration of the drug
• Possession of the necessary ingredients to manufacture an illegal drug
• Growing or cultivating plants for drug manufacture
• Possession of the actual drug
• Partial Manufacture
  Defendants do not have to be a part of the manufacturing process from beginning to end to be liable. They could be involved in a small part of the drug’s manufacture and still face criminal charges if they knew it was illegal. The manufacture of chemical precursors is less straightforward. Some states would prohibit it if the defendant knew that the precursor would be used to make a controlled substance. Others do not.
• Alterations to the Drug
  Most states require some alteration to the drug, such as cutting, diluting, or mixing, to be considered manufacturing. However, some states have very broad criminal statutes that include activities unrelated to the drug, such as packaging and labeling.
• Materials and Ingredients necessary to Manufacture Drugs
  While producing illegal substances, the crime also targets those who sell necessary precursor chemicals, specialized drug production equipment, or other operational support. Additionally, drug manufacturing laws prohibit anyone from supplying chemicals, chemical mixtures, components, or materials if the person knows or has reason to suspect someone will use those substances to make illegal drugs.
• Cultivation
  Manufacturing laws apply to cultivating plants that produce controlled substances. Under Federal Law 21 USC 841, growing marijuana plants can be considered drug manufacturing. Cultivation typically involves someone found growing marijuana plants, psychedelic mushrooms, or other plants used in the drug manufacturing process. However, many states have laws covering the growth of marijuana plants.
• Drug Possession
  Drug possession is generally a lesser offense than drug manufacture. However, manufacturing drugs usually involves possessing drugs. Prosecutors can file concurrent charges for the manufacturing and possession of a controlled substance. Both charges and sentences for drug manufacturing/sales crimes become much more severe when actual dangerous drugs or narcotics are found.

Arizona’s Definition of Drug Manufacturing

Drug manufacturing charges can be brought in any situation where someone makes or attempts to make a dangerous drug. Arizona drug cultivation laws are tied to drug manufacturing. Together, laws make it illegal for a person to do the following:

• To grow, produce, or own plants that are used to produce dangerous drugs and illegal narcotics.
• To produce drugs like cocaine, mainly derived from plants.
• Have equipment related to manufacturing of dangerous drugs
• Own chemicals related to the manufacturing of dangerous drugs

ARS 13-3407 defines dangerous drugs as:

• Meth (methamphetamine)
• Speed (amphetamine)
• Adderall (dextroamphetamine)
• Ritalin (methylphenidate)
• Xanax (alprazolam)
• Valium (diazepam)
• Soma (carisoprodol)
• Ecstasy/Molly (MDMA)
• PCP (phencyclidine)
• LSD (lysergic acid diethylamide)
• Magic mushrooms (psilocybin)
• Anabolic steroids

ARS 13-3408 defines Narcotic drugs as:

• Heroin
• Opium
• Marijuana Concentrates
• Cocaine
• Percocet (oxycodone)
• OxyContin (oxycodone)
• Lortab (hydrocodone)
• Vicodin (hydrocodone)
• Morphine
• Fentanyl

Penalties for Drug Manufacturing

The penalties for drug manufacturing are often significant, with lengthy prison sentences and fines. Drug manufacturing can be a felony offense, though it may be charged as a misdemeanor crime in some situations, such as where a person is convicted of possessing materials used to manufacture prescription drugs instead of illicit drugs.

The penalties an offender receives for cultivating or manufacturing a dangerous drug can vary, depending on the type of drug, the quantity, and the offender's criminal history.

Penalties for various offenses under these laws:

ARS-13-3405 Production or Cultivation with the intent to sell Marijuana

Charge Type:
Class 3 Felony=Production of over 4 lbs. of marijuana
Class 4 Felony=Production of between 2 and 4 lbs. of marijuana
Class 5 Felony=Production of fewer than 2 lbs. of marijuana

• Offense: Production or Cultivation of & Possession of equipment and chemicals for production and cultivation of Marijuana

Sentence:
Class 3 Felony= Between 2 and 8.75 years of prison time
Class 4 Felony=Between 1 and 3.75 years of prison time
Class 5 Felony= Between six months and 2.5 years of jail time
Fines: $750 or 3x value of marijuana, whichever is greater
Probation: No probation for production of over 2lbs of marijuana

ARS 13-3406 Manufacturing with the intent of selling prescription Drugs

• Offense: Manufacturing & Possession of equipment and chemicals for manufacturing prescription drugs

Charge Type: Class 1 Misdemeanor

Sentence: Up to six months jail time
Fines: $5,000
Probation: three years

• Offense: Manufacturing & Possession of equipment and chemicals for manufacturing misbranded prescription drugs

Charge Type: Class 4 Felony

Sentence: One to 3.75 years in prison time
Fines: $1,000
Probation: As determined by the court

ARS 13-3407 Manufacturing of Dangerous Drugs

• Offense: Manufacturing of Dangerous Drugs with the intent to sell & Possession of equipment and chemicals for manufacturing

Charge Type:

Sentence:
1st offense= 3 to 12.5 years of prison time
2nd offense=4.5 to 23 years of prison time
3rd offense= 10.5 to 35 years of prison time
Fines: up to $150,000
Probation: No probation

• Offense: Possession of equipment and chemicals for the manufacturing of dangerous drugs

Charge Type:

Sentence: two to 8.75 years of prison time
Fines: As determined by the court
Probation: As determined by the judge

ARS 13-3408 Manufacturing of Narcotics

• Offense: Manufacturing of Dangerous Drugs with the intent to sell & Possession of equipment and chemicals for manufacturing

Charge Type: Class 2 Felony

Sentence:
1st offense= 3 to 12.5 years of prison time
2nd offense=4.5 to 23 years of prison time
3rd offense= 10.5 to 35 years of prison time
Fines: Up to $150,000
Probation: no probation

• Offense: Possession of equipment and chemicals for the manufacturing of dangerous drugs

Charge Type: Class 3 Felony

Sentence: two to 8.75 years in prison time
Fines: As determined by the court
Probation: As determined by the court

The statutory limits of dangerous drugs that can increase sentences in Arizona:

• 9 grams of Methamphetamine
• 3/4 gram of rock cocaine
• 9 grams of powdered cocaine
• One gram of heroin
• 50 milliliters of liquid PCP or four grams of PCP
• ½ milliliter of liquid LSD or 50 units of LSD blotter
• More than 2lbs of marijuana

Proof of Intent is Necessary for a Conviction

Drug manufacturing is a drug crime that involves the production of a dangerous or narcotic drug. To be convicted of drug manufacturing, the prosecutor must prove that you knowingly possessed drugs or chemicals to produce a dangerous drug or narcotic. The prosecutor must also provide sufficient proof that you intended to manufacture the said drug.

Intent to manufacture is typically proven through possession of other circumstantial evidence, such as drug manufacturing equipment, a home drug lab, or a stockpile of precursor chemicals.

Arizona drug cultivation, production, and manufacturing is a severe drug crime, and a conviction can negatively affect the rest of your life. It is in your best interest to fight the charges, have them dropped, or at least reduced. Fighting may be challenging unless you have an experienced criminal attorney by your side. An experienced attorney will know the right strategies to obtain a favorable outcome in your case.