With a heighten awareness of the dangerous of illegal pill presses and the number of fentanyl related deaths increasing throughout the country, law enforcement has ramped up efforts to identify and criminally charge operations that constitute manufacturing a controlled substance.
If you have been charged with manufacturing a controlled substance, you are facing serious charges. In Arizona, manufacturing a controlled substance normally falls into one of four categories:
Depending on the type of manufacturing a controlled substance charge you are facing, the penalties often include mandatory prison time, probation and harsh fines. Hiring an experienced Phoenix drug lawyer can protect your interests, and to provide you with a proper defense.
Under ARS 13 3407, dangerous drugs are drugs which are not considered narcotics nor marijuana. Dangerous drugs include methamphetamine, hallucinogenic substances, synthetic drugs and several other statutory substances. Examples of some of the more common dangerous drugs include:
Under Arizona law ARS 13 3407, it is illegal to even possess most dangerous drugs without a valid prescription. However, a crime that goes far beyond the severity of simple possession is the charge of manufacturing a controlled substance pursuant to ARS 13 3407. Under this statute, it is illegal to:
Manufacturing or possessing the items in which to produce any dangerous drug is illegal in Arizona. However, the law differentiates between methamphetamine and all other dangerous drugs, such as Xanax or ecstasy when it comes to manufacturing a controlled substance charges.
Class 2 Felony – Manufacturing a Dangerous Drug that is NOT Methamphetamine.
Class 2 Felony – Manufacturing Methamphetamine.
Class 3 Felony – Possession of Equipment or Chemicals to Manufacturing a Dangerous Drug that is NOT Methamphetamine.
Class 2 Felony – Possession of Equipment or Chemicals to Manufacture Methamphetamine.
Manufacturing drug charge sentences differ depending on a number of factors, including the type of drug alleged to have been manufactured. However, the vast majority of manufacturing a controlled substance charges are felonies, and punishment will often include mandatory prison sentences if convicted.
Just as ARS 13 3407 differentiates the degree of felony for manufacturing dangerous drug cases from those that involve methamphetamine, the statute also provides different punishments for cases that involve methamphetamine.
IMPORTANT: Under ARS 13 3407, probation is not available, and a person convicted MUST be sentenced to prison for manufacturing meth or possessing of equipment or chemicals for manufacturing meth. Any prison sentence imposed for manufacturing a controlled substance charges that involve methamphetamine is flat time, meaning that no early release is available. See
Narcotic drugs under Arizona law take many forms and include both prescription as well as street drugs. Examples of some of the more common narcotic drugs include:
While many of the drugs listed above are available by prescription, manufacturing narcotics or possessing the chemicals or equipment to manufacture narcotics is a felony in Arizona.
People often assume that by running an illegal pill press they are simply manufacturing a prescription-only drug and exposing themselves to misdemeanor punishments. However, when the pills being pressed are narcotic drugs
Under ARS 13 3407, if a person is convicted of meth manufacturing and possessing equipment or chemicals to manufacture meth, they must be sentenced to prison. By contrast, under ARS 13 3408, a person can receive probation for possessing equipment or chemicals to manufacture narcotics. The possible punishments are as follows:
Given the scope of the definition set forth in the statute, there are numerous activities that can fall within that definition. They include much more than operating a grow house or growing marijuana. That said, the penalties for marijuana production do not depend upon the particular acts that you are alleged to have committed but rather the amount of marijuana involved.
That said, the penalties for marijuana production do not depend upon the particular acts that you are alleged to have committed but rather the amount of marijuana involved. The categories are as follows:
IMPORTANT: For cultivation marijuana in an amount over the Arizona statutory threshold amount of 2 pounds, probation is not available, and a person convicted MUST be sentenced to prison.
IMPORTANT: Cultivation of marijuana into marijuana concentrates, constitutes manufacturing of a narcotic drug under Arizona law not cultivation of marijuana.
In addition to incarceration, a conviction can subject you to fines, community restitution, and other penalties.
Manufacturing of drugs, like “production” of drugs, is broadly defined. It includes just about any activity that is directly or indirectly related to creating the drug, or packaging and/or labeling it. Unlike most other offenses of this nature, illegal manufacture of prescription-only drugs is a rather than a felony.
Class 1 Misdemeanor – Manufacturing Prescription Drugs (not dangerous nor narcotic drugs)
Class 1 Misdemeanor – Possession of Equipment or Chemicals to Manufacturing Prescription Drugs (not dangerous nor narcotic drugs)
Is important to remember that id the prescription drug being manufactured is either a dangerous drug or narcotic drug then ARS 13 3407 or ARS 13 3408 apply, and the crimes are felonies rather than misdemeanors. This is one of the many areas where the skills of experienced Phoenix drug lawyers can make a significant difference in the outcome of your case.
Drug paraphernalia, under the Arizona drug laws, includes more than simply a pipe, bong or related instrument for smoking pot or other drugs. In fact, the term covers just about any material, product or equipment that is intended for use in the production (including harvesting), manufacturing, packaging, testing, storing, injecting, inhaling, ingesting or introducing any illegal drug into a person’s body.
Similarly, the penalties for manufacturing drug paraphernalia do not depend upon the particular equipment or item in question. As long as the object fits within the (broad) definition in the statute, and as long as it is alleged that you intended to use the paraphernalia to produce, store, consume, etc. an illegal drug, you can be charged with the offense, which is a class 6 felony under ARS 13 3415.
There are numerous additional laws that affect charges and potential penalties in drug and drug-related cases. Those laws include, among others:
In addition to the penalties that you can suffer if convicted of a drug crime, including asset forfeiture, did you know that 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 its entry by law enforcement officers, it becomes a class 4 felony.
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 with enhanced punishments under DCAC.
If you knowingly employ a minor to engage in any conduct prohibiting under various drug laws, including those prohibiting the manufacture or production of illegal drugs, you can be charged with a class 2 felony.
Clearly, being charged with manufacturing a controlled substance is a serious crime. Most of these offenses are felonies and carry the possibility of mandatory prison time in the event of a conviction.
If you are facing one or more of these charges, you risk a lot more than fines and damage to your reputation. Incarceration, inability to obtain a job, loss of your current employment, as well as other consequences are likely. Give yourself the best chance of successfully fighting the charges against you by engaging the services of top-rated experienced Phoenix drug lawyers.
At Feldman & Royle, we understand what you are up against, and we know how to analyze your drug case, and develop an intelligent and realistic strategy. We will raise all possible defenses on your behalf, including constitutional and evidentiary issues relating to the admission of any evidence against you. We are committed to keeping you apprised at every step of your case, and we will explain the situation in language that you can understand. Most importantly, he will work tirelessly to see that your rights are protected. Contact us for a free and confidential consultation.
Grow house is a term used to beside a house in which marijuana is grown, dried and prepared for sale.
Yes. Manufacturing dangerous drugs is a class 3 felony under Arizona law. However, if the dangerous drug is meth, then manufacturing meth is a class 2 felony pursuant to ARS 13 3407.
Manufacturing meth is defined by ARS 13 3407 as manufacturing a dangerous drug and is a class 2 felony under Arizona law. Manufacturing meth is punishable by a prison term of between 5 and 15 years, even for a first offense. Under the meth manufacturing statute, probation is not available even for production of small amounts of the drug. Furthermore, a person found guilty of manufacturing meth must serve their entire prison term and is not eligible for early release.
Yes. In Arizona growing marijuana is a felony even if the marijuana is for personal use and even if the amount of marijuana is a small amount.
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