Charges of Dangerous Drug Manufacturing & Distribution in Arizona
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:
- Psychedelic mushrooms
- Plant-based drugs
- 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 the cause due to their low cost and ease of obtaining precursor chemicals.
Arizona has made combating meth one of the state's top priorities and implemented strict laws against using or manufacturing meth
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 it created by this illegal drug.
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 Law Office of Michael Alarid III based in Arizona, focuses on Criminal Defense, DUI Defense, and Serious Crimes while working hard to stay up with revolving changes in Arizona drug laws. Call (602) 818-3110
The Three Important Drug Categories
In Arizona, there are three specific categories of drug distribution:
- Distribution of dangerous drugs
- Distribution of narcotic drugs
- Distribution of prescription-only 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.
Narcotics are substances of both synthetic and natural origins like fentanyl, opium, benzethidine, coca, cannabis, sufentanil, heroin, tramadol, hydrocodone, and others.
According to A.R.S.13-3408(A)(7), it is a class 2 felony to transport, offer to transport, or import a narcotic drug for sale into Arizona.
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 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
- Class 4 felony
- 1 to 3.75 years sentence
- $1000 minimum fine or exhaust of the drug offense proceeds
- 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
Arizona Potential Defenses for Distributing Drugs or Other Drug Charges
A common defense that drug crimes lawyer Michael Alarid III can argue is that the person charged with the crime did not own the drugs found on or around the person. Being in the mere presence of drugs does not mean you are guilty of the charge if you did not possess dominion or control over the drugs.
It takes a highly skilled defense law firm such as the Law Office of Michael Alarid III to understand and implement effective defenses.
Another one of the best potential defenses is whether you were aware of the drugs in your possession. According to the law in Arizona, specifically ARS 13-3405: "A person shall not "knowingly" possess..."
Thus, if your attorney can obtain evidence or facts that show you didn't know you possessed drugs for sale, your case may be dismissed.
Another defense against prescription-only drug manufacturing and cultivation is having a valid license or permit for this. Your attorney can work to have the entire case dismissed, and you will not be found guilty of the distribution of drugs if you are legally authorized to transport or import prescription-only drugs.
What an Attorney with Extensive Experience of Drug Crime Defense Can Do for You
A qualified drug defense attorney who frequently defends cases in Arizona will conduct an independent investigation on their own, gathering evidence and examining it thoroughly.
They will not only interview witnesses but will also speak with the arresting officer as well, to get more insight into your case and determine whether there was probable cause to arrest you.
After confirming if the arrest, charges, protocols, and procedures were followed properly, your attorney will challenge the alleged amount of drugs for sale that you are being charged with. Your attorney will also examine the storage and handling of the substance held as evidence.
The drug attorney will also:
- Bring in experts to determine if your constitutional rights were violated
- File motions
- Determine which defenses to use based on the circumstances of the charges against you
- Prepare you for hearings or trials
- Be available to answer questions you may have
- and defend and fight for you
Whether or not you are presumed guilty of the distribution of drugs or manufacturing drugs, attorney Michael Alarid can fight hard to get your penalties reduced or get your case dismissed altogether. The main thing is that you contact a defense attorney as early as possible to begin working on your case immediately.
Get Help From an Experienced Drug Crimes Defense Attorney
The Law Office of Michael Alarid, III, focuses in Criminal Defense, DUI Defense, and Serious Crimes. Michael Alarid is a felony trial lawyer who is reliable and dedicated to making a big difference in your case outcome.
We have years of experience in navigating the laws in Arizona, especially criminal defense law, and provide you with effective and professional representation for any criminal allegations against you.
At the Law Office of Michael Alarid, we don't just work for you; we work with you because your case is important to us. Call (602) 818-3110 now for a free consultation and protect your freedom!