Drug Manufacturing & Cultivation Lawyer in Phoenix, AZ

Recent changes were made to Arizona state laws for individuals found in possession of drugs. If they were intended for personal use, the individual might have alternatives to jail. However, if the individual was found with drugs that they intended to sell, there will be harsh penalties.

If the drug manufacturing charges include distributing to minors, then years could be added to their prison sentence.

The Definition of Dangerous Drugs can include:

• Methamphetamines
• Psychedelic mushrooms
• Ecstasy
• Plant-based drugs
• Narcotics
• And other dangerous drugs

Manufacturing or Cultivation of Drugs in Arizona

Manufacturing (making) or cultivating (growing) dangerous drugs in Arizona is a class 2 felony. It has some severe penalties that are even worse than drug possession or possession with intent to sell. A person can also be charged for manufacturing misbranded or prescription-only drugs.

Drug manufacturing charges for prescription-only drugs without proper licensing is a class 1 misdemeanor, but drug manufacturing charges for misbranded medications are considered a class 4 felony, according to ARS 13-3406.

Thus, the penalties for manufacturing drugs vary depending on many factors, including:

• Classification or type of the drug being manufactured or cultivated
• The quantity possessed
• Prior convictions/criminal record
• Prior drug offenses
• Amount of evidence
• Other charges, such as dangerous weapons use, selling to a minor.

The quantity of the drugs possessed also determines whether you will be charged with possession of dangerous drugs with intent to sell, which is much more severe. You can also be charged with the cultivation, possession, or production of the items needed to grow or manufacture illegal drugs. These items are known as "precursor" chemicals, and possessing these materials and chemicals used to manufacture drugs is unlawful.

Drug manufacturing or cultivating, typically, refers to "meth labs" or other settings where illegal drugs are created. If such drugs are manufactured or cultivated in someone's house, the property owner will face property or damage loss and other various charges for distributing drugs, even if they had nothing to do with the crime.

Arizona Jurisdictions When It Comes to Drug Crimes

Every city in Arizona is subject to state laws and potentially federal laws if specific drug laws have been violated. The state classifications, penalties, and definitions are outlined in the Arizona Revised Statutes (ARS) Title 13–Criminal Code, Chapter 34–Drug Offenses, and Chapter 34.1–Imitation Drug or Substance Offenses.

Under certain circumstances, there may be jurisdiction issues if the crimes were committed on an Indian Reservation.

Combating the Use and Production of Meth

The use and production of methamphetamines have become a growing problem in Arizona during the past decade. This has been speculated to be due to their low cost and ease of obtaining precursor chemicals.

Arizona has made combating this problem one of the state's top priorities and implemented strict laws against using or manufacturing meth to deter its use. A plan of action was put in place, and the state created a Task Force to battle against meth and the problems this illegal drug created.

Penalties for Manufacturing Illegal Drugs

While the penalties for drug possession are extremely harsh, punishments for manufacturing illegal drugs are even more severe.

The penalty for a first offense of owning/operating a meth lab is up to 15 years in prison. If a child was present, or this is your second offense, the penalty could increase to 20 years of prison with no parole.

What to Do If Charged with Drug Manufacturing

If you were charged with dangerous drug manufacturing and distribution in the state of Arizona, seek help from an experienced attorney right away.

Because the laws are continuously changing in Arizona, through higher court rulings, new legislation, ballot initiatives, and more, it is important to hire a drug crimes attorney who focuses on staying updated with new alterations, upgrades, trends, regulations, protocols, procedures, and defenses.

The Three Important Drug Categories

In Arizona, there are three specific categories of drug distribution:

1. Distribution of dangerous drugs
2. Distribution of narcotic drugs
3. Distribution of prescription-only drugs

Dangerous Drugs

The legal definition of a dangerous drug is found in ARS 13-3401: There are over well over compounds listed as dangerous drugs including methamphetamine, and any hallucinogenic substance — other than marijuana — gotten via a chemical process.

According to ARS 13-3407, it is a class 2 felony to transport, offer to transport, or import dangerous drugs for sale into Arizona. If the amount of these drugs goes over the statutory limit, the person being charged is not eligible for suspension of sentence or probation. For meth transportation, the penalty is 5 to 15 years in prison.

Narcotic Drugs

Narcotics are substances of both synthetic and natural origins like fentanyl, opium, benzethidine, coca, cannabis, sufentanil, heroin, tramadol, hydrocodone, and others.

If the amount of these drugs meets or exceeds the statutory limit, the person being charged is not eligible for pardon, probation, or suspension until they serve their full sentence.

Prescription-Only Drugs

Prescription-only drugs are drugs that can only be administered with a prescription from a licensed physician. An individual can be charged with a class 6 felony if they transport, offer to transport, or import a prescription-only drug into Arizona unless they are authorized to do so. Sometimes probation is possible after performing community restitution of no less than 240 hours.

Charges for Drug Manufacturing and Cultivation in Arizona

Penalties for manufacturing and cultivation of different drug types in Arizona are:

Manufacturing and cultivation of misbranded or prescription-only drugs according to ARS 13-3406

Misbranded Drugs

• Class 4 felony
• 1 to 3.75 years sentence
• $1000 minimum fine or exhaust of the drug offense proceeds

Prescription-only Drugs

• Class 1 misdemeanor
• Maximum 6 months sentence
• 3 years' probation
• $2500 maximum fine plus surcharges

Manufacturing and Cultivation of Dangerous Drugs

• ARS 13-3407
• Class 2 felony
• 3 to 12.5 years sentence
• $150,000 maximum fine plus surcharges

Manufacturing and Cultivation of Narcotic Drugs

• ARS 13-3408
• Class 2 felony
• 3 to 12.5 years sentence
• $150,000 maximum fine plus surcharges