If you have been charged with illegal drug production, whether the alleged acts consist of cultivating, manufacturing or otherwise producing these substances, you are likely facing a felony charge (even in the case of marijuana), and the potential penalties are harsh. You owe it to yourself to engage the services of the best criminal defense attorney available. At Feldman & Royle, we defend clients who are facing a wide variety of drug charges. Call to see how our firm can help. We offer a free initial consultation.
Drug Manufacture Defense Lawyer Have You Been Arrested for a Manufacture, Cultivation, or Production of Drugs
Production of Marijuana
Under A.R.S. 13-3405, it is illegal to “produce” marijuana. Production, in turn, is broadly defined, and includes not only cultivating the marijuana plant, but also planting, growing, harvesting, drying, processing or preparing the drug for sale. There are numerous activities that can fall within that definition. They include not only operating a grow house or “garden” for growing pot, but also harvesting the product, and packaging it for sale.
The penalties for marijuana production do not depend upon the specific acts that you are alleged to have committed. Under Arizona law, operating a grow house can under some circumstances be treated similarly, for purposes of the level of the offense and the potential penalty, as helping a friend prepare the pot he has grown for sale. The gradations of the offense are determined, rather, by the amount of the marijuana involved. Production of under 2 pounds of marijuana is a class 5 felony, and the classification increases for greater amounts.
Illegal Manufacture of Prescription-Only Drugs
Manufacture of drugs, like production of drugs, is broadly defined. It includes just about any activity that is directly or indirectly related to creating, packaging or labeling the drug.
Unlike most other offenses of this nature, illegal manufacture of prescription-only drugs is a class 1 misdemeanor under A.R.S. 13-3406. Likewise, possession of equipment or chemicals for the purpose of manufacturing prescription drugs without a license to do so is a class 1 misdemeanor.
Manufacture of Dangerous Drugs and Narcotic Drugs
While the penalties for manufacturing prescription-only drugs are relatively light, those for manufacturing dangerous drugs and narcotic drugs are severe. Indeed, manufacture of a dangerous drug or of a narcotic drug is a class 2 felony. This carries a presumptive sentence for a first offender of 5 years in prison. And the classification is not reduced as the result of the amount of drug manufactured, nor is it affected by the particular dangerous drug (for example, valium, LSD, PCP, etc.) or narcotic drug (for example, cocaine) that you are accused of manufacturing. Under A.R.S. 13-3407 and 13-3408, the classification and penalties for manufacturing of all these drugs are the same.
Miscellaneous Offenses Related to Illegal Manufacture of Drugs
There are numerous additional laws that affect charges and potential penalties in drug manufacturing cases. Those laws include, among others:
- Use of a building. In addition to the other penalties that may apply, the use of a building (any building, or a room or space in a building) for purposes of manufacturing (or selling or distributing) narcotics or dangerous drugs is a separate offense, and is classified as a class 6 felony. If you fortify the building against the entry by law enforcement officers, it becomes a class 4 felony.
- Methamphetamine and minors. If you manufacture meth under circumstances that cause a physical injury to a minor under the age of 15, you can be charged with a class 2 felony.
- Employing a minor in drug manufacturing or production. If you knowingly employ a minor to engage in any conduct prohibited under various drug laws, including those prohibiting the manufacture or production of illegal drugs, you can be charged with a class 2 felony.
Defending Charges of Cultivating, Manufacturing and/or Producing Drugs
Being charged with manufacturing, cultivating or producing drugs is serious business. Most of these offenses are felonies, and carry the real possibility of jail or prison time in the event of a conviction.
At Feldman & Royle, we understand what you are up against, and we know how to analyze your case and develop an intelligent and realistic strategy to deal effectively with the charges. We will raise all possible defenses on your behalf, including constitutional and evidentiary issues relating to the admission of any evidence against you. We will keep you apprised at every step, and we will explain the situation in language you can understand. Most importantly, we will work tirelessly to see that your rights are protected.
If you have been arrested on a charge of manufacturing, cultivating or producing drugs, contact our office for a free, confidential consultation.
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Phoenix, AZ 85004