Drug Manufacturing Defense

In recent years, law enforcement personnel have made it more important to seek out those involved in drug manufacturing. The goal is to prevent the distribution of dangerous substances like fentanyl and prescription drugs. In Arizona, a manufacturing drugs charge is a serious crime that may cause you to face intense consequences.

An experienced drug crimes lawyer can assist you and have your best interest at heart during your drug manufacturing case. They will provide you the criminal defense needed for your manufacturing or distribution charge. Without a lawyer, you could face more than 30 years for some of the crimes related to manufacturing and distribution.

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Manufacturing of Dangerous Drugs

One of the more common charges of manufacturing is that of dangerous drugs. ARS 13-3407 defines the cultivation of any drugs that are not narcotics or marijuana. Examples of these drugs include:

  • Methamphetamines
  • Amphetamines
  • Xanax and Valium
  • Ecstasy (also known as MDMA)
  • PCP
  • LSD
  • Steroids
  • Mushrooms

When considering drugs, there are statutory threshold limits which can increase punishment and give a presumption of intent to sell.

  • Nine grams of methamphetamines
  • Nine grams of cocaine
  • Three-quarters of a gram of rock cocaine
  • One gram of heroin
  • Half a milliliter of liquid LSD
  • 50 units of an LSD blotter
  • Four grams of PCP
  • 50 milliliters of liquid PCP
  • Over two pounds of marijuana

You will face an arrest if you personally possess any of the drugs besides marijuana above. Typically, possession allows for reduced sentencing and misdemeanor charges, however. Drug manufacturing is a much more serious charge and often follows with drug distribution. The specific actions that are illegal include:

  • Manufacturing any dangerous drug
  • Having equipment related to the manufacturing of dangerous drugs
  • Owning chemicals related to the manufacturing of dangerous drugs

What are the Drug Manufacturing Classifications?

If you face a charge for manufacturing a dangerous drug, there are many considerations behind your penalty. If you make the drug with the intent to distribute to a minor, you will face the most serious sentencing. Other classification considerations include:

  • Quantity of substances
  • Types of drugs made
  • Criminal history
  • Evidence present

If you possess more drugs than the threshold, you could be charged with possession for sale.  Even if there are only chemicals or pieces of equipment present, you can still receive consequences. The manufacturing and distribution of methamphetamines carry more substantial sentencing possibilities than others

With the variety of classifications, there are certain charges someone may face. Only in one instance is a misdemeanor possible, but this crime involves the manufacturing or ownership of equipment for prescription drugs. Felony convictions are for:

  • Class Two: Manufacturing dangerous drugs, including methamphetamines
  • Class Two: Manufacturing narcotic drugs
  • Class Two: Possession of equipment and chemicals for methamphetamines
  • Class Three: Possession of equipment and chemicals for dangerous drugs
  • Class Three: Possession of equipment and chemicals for narcotic drugs

Manufacturing Dangerous Drugs Sentencing

If you receive a manufacturing drugs charge, you will face penalties dependent upon the substance and your record. Probation is possible unless you manufacture methamphetamines or have more of a substance than the threshold allows. Punishments for this crime are:

  • Manufacturing dangerous drugs: 3 to 12.5 years of prison
  • Second offense or presence of a child while manufacturing dangerous drugs: 4.5 to 23 years of prison
  • Third offense manufacturing dangerous drugs: 10.5 to 35 years of prison
  • Manufacturing methamphetamines: 5 to 15 years of prison, flat time
  • Possession of equipment or chemicals for manufacturing with the intent to distribute: Probation, 1 year of jail, 2 to 8.75 years of prison
  • Prior felonies with possession of equipment or chemicals: 3.5 to 16.25 years of prison
  • Two prior felonies with possession of equipment or chemicals: 7.5 to 25 years of prison

Manufacturing Prescription Drugs and Penalties

Most often, the manufacturing of prescription drugs is a misdemeanor charge in Arizona. Manufacturing with the intent of selling prescription drugs in Arizona is under code ARS 13-3406. Again, you can receive a charge for the actual manufacturing process or for possessing equipment and chemicals.

Both charge types are class one misdemeanors. If you are manufacturing and selling prescription drugs that are narcotics or dangerous, you will face other felony convictions. When considering misdemeanor charges, however, penalties include:

  • Manufacturing: three years of probation, up to six months of jail, $5,000 in fines
  • Possessing equipment and chemicals for manufacturing: three years of probation, up to six months of jail, $5,000 in fines

Manufacturing Narcotic Drugs

Many narcotic drugs are also prescription drugs. Many individuals misuse them after receiving a prescription from a doctor or receive them on the street. No matter the case, it is possible to manufacture any of the below drugs too.

  • Heroin
  • Morphine
  • Fentanyl
  • Hydrocodone
  • Oxycodone
  • Cocaine

 

Many assume they will only face a prescription drug charge if caught manufacturing some of the above substances. For prescription drugs that are narcotics, however, you will face a felony. A class two felony is for the manufacturing process, while a class three felony is for the possession of equipment and chemicals.

Manufacturing Narcotics Sentencing

The Arizona state code for manufacturing and possibly selling narcotics later is ARS 13-3408. Under this law, you can receive probation instead of a jail sentence if you only possess equipment and chemicals. Other punishments include:

  • Manufacturing first offense: Three to 12.5 years of prison
  • Manufacturing second offense: 4.5 to 23 years of prison
  • Manufacturing third offense: 10.5 to 35 years of prison
  • Possession of any chemicals or equipment: probation, two to 8.75 years of prison

Marijuana Cultivation Laws for 2021 & Recreational Marijuana

Under Proposition 207, any individual over 21 can possess up to an ounce or six plants of marijuana. If they have the substance concentrated, individuals can possess five grams. If you grow marijuana, your plants go into a locked area where the public cannot view them.

With the new update to Arizona Marijuana Laws, if you produce two to four pounds of marijuana, you will receive a class four felony. When cultivating marijuana that is over our pounds, you face a class three felony. Penalties for these include:

  • Cultivating marijuana over four pounds: Two to 8.75 years of prison
  • Cultivating marijuana from two pounds to four pounds: One to 3.75 years of prison
  • Fines, community service, probation for each

Distribution of Drug Substances

The types of felony charges depend on the type of drug classification.

Dangerous Drugs

If you intend to distribute and sell dangerous drugs other than marijuana, you will face a class two felony. If you have more than the threshold, you do not have a chance at probation. When transporting methamphetamines, you will always receive up to 15 years of prison.

Narcotics

When distributing and selling narcotics, you will also face a class two felony. Again, you will not receive probation if the amount of substances is over the threshold limit. Penalties for selling narcotics is the same as for the class two felonies above.

Prescription Drugs

You will face a class six felony if you engage in distributing or selling prescription drugs. Only licensed practitioners can distribute and transport these substances. Penalties may not even include jail time if community service and probation are possible.

Defenses for Drug Distribution and Drug Manufacturing

There are numerous potential defenses to every drug charge case. The goal of a drug crimes lawyer at Gurion Legal is to analyze the entire case from top to bottom and determine the best possible way to have your charges reduced or even the case completely dismissed.

Lack of Ownership

If you are only in the presence of drugs, you cannot validly receive a charge for distribution or manufacturing. The substances must be on your person. If they are not, you have to be the owner of them.

Lack of Awareness

To receive sentencing for manufacturing or distributing drugs, you have to know. If you were unaware of a substance in your vehicle or your home, you could have your case dismissed. The prosecutor does have to prove your awareness.

 

Valid Licensure

Sometimes, you may have a valid prescription or license for manufacturing marijuana over the threshold. You may also have a legal reason for transporting certain narcotics and other prescriptive drugs. If you can prove your medical history, the judge could dismiss your case.

Importance of a Drug Attorney at Gurion Legal

If you have a manufacturing drugs charge or distribution of drugs charge against you, the attorneys at Gurion Legal will go over all the evidence and determine the best defenses that can work for your case.

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September 23, 2019

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Criminal Defense Attorney

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