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Manufacture of Dangerous Drugs

Criminal Defense Attorneys | Oliverson & Huss > Drug Crimes > Manufacture of Dangerous Drugs

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.

 

Threshold Amounts

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.

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