Manufacture of Dangerous Drugs
ARS 13-3406, 13-3407(A)(4) and 13-3408(A)(3) state that it is unlawful to manufacture, or to possess the equipment to manufacture, dangerous drugs, prescription-only drugs, and narcotics.
Manufacturing or Possessing Equipment and Chemicals for the Purpose of Manufacturing a Prescription-only Drug
If you are convicted of manufacturing or possessing equipment and chemicals for the purpose of manufacturing a prescription-only drug, it is a Class 1 Misdemeanor. Class 1 Misdemeanors are punishable with up to:
- 3 years probation;
- 6 months in jail;
- $5,000 in fines and surcharges;
- Any other terms deemed appropriate at the judge’s discretion.
Manufacturing or Possessing Equipment and Chemicals for the Purpose of Manufacturing a Dangerous Drug or a Narcotic
If you are convicted of manufacturing or possessing equipment and chemicals for the purpose of manufacturing a dangerous drug or a narcotic, it is a Class 3 Felony. Possible punishments include:
- First offense- Probation with up to 1 year in jail; if the judge orders prison then 2 years to 8.75 years in prison;
- If you have 1 Historical Prior Felony Conviction- 3.5 years to 16.25 years in prison;
- If you have 2 Historical Prior Felony Convictions- 7.5 years to 25 years in prison.
If you are convicted for actually manufacturing dangerous drugs or narcotics, then it is a Class 2 Felony and the amount manufactured exceeds the statutory “threshold” amount then you will not be eligible for probation and the judge would have to sentence you to the following:
- First offense- 3 years to 12.5 years in prison;
- If you have 1 Historical Prior Felony Conviction- 4.5 years to 23.25 years in prison;
- If you have 2 Historical Prior Felony Convictions- 10.5 years to 35 years in prison.
The following are the threshold amounts defined in Arizona law by the type of drug:
- Methamphetamine- 9 grams
- Powdered Cocaine- 9 grams;
- Rock Cocaine- 3/4 gram;
- Heroin- 1 gram;
- LSD- 1/2 milliliter or 50 dosage units (blotter form);
- PCP- 4 grams or 50 milliliters;
- More than 2 pounds of marijuana.