Most drug cases that appear before Phoenix courts deal with the supposed possession of illegal substances. However, the same laws that prohibit possession also criminalize the manufacturing of these substances. As with most other drug cases, a conviction is a felony.
State law also aims to punish people for possessing the precursor substances needed to make illegal drugs. Regardless of what specific allegations you face, you deserve dedicated representation from a skilled attorney. At the Grand Canyon Law Group, a Phoenix drug manufacturing lawyer understands what you are going through and is prepared to be your advocate throughout the legal proceedings.
According to Arizona Revised Statute § 13-3407 and 13-3408, it is illegal to manufacture a dangerous or a narcotic drug. These include all street drugs such as heroin, opiates, cocaine, marijuana, and methamphetamine.
A conviction under this statute is a class 2 felony. With mitigating circumstances, a first or second conviction will result in a prison sentence of at least three years. However, aggravating factors can lead to a maximum sentence of 12.5 years. The defendant may also receive a probation sentence or another alternative sentence if a judge sees fit as long as the quantity of drugs in question was not above the “statutory threshold” amount.
Additionally, cases involving the alleged manufacture of methamphetamine always carry enhanced penalties. A Phoenix drug manufacturing attorney could help you understand these possible penalties and work to limit the impact of these charges on your way of life.
Notably, the prosecutor does not have to prove that you actually made illegal substances to bring charges for drug manufacture. In fact, various state laws aim to punish people who allegedly take steps toward producing these substances.
One clear example is AZ Rev. Stat. § 13-3404.01, which says that it is illegal to possess any precursor chemical. These are substances that an individual may use to make illicit drugs. However, many precursor chemicals have legitimate uses, which our local drug manufacturing attorneys can argue in court.
The statute specifically mentions pseudoephedrine, the core substance in methamphetamine. Under the law, it is illegal to have more than 24 grams of this substance or to purchase more than three packages without a prescription. Convictions here can be class 2 felonies but may also be lower-class felonies or even misdemeanors.
A key concept in many drug manufacturing cases is the concept of intent. Under the state’s core drug statute, a prosecutor must prove that a defendant actually manufactured an illegal substance. In precursor cases, a prosecutor must show that a defendant knowingly possessed a precursor substance or pseudoephedrine.
One possible defense in drug manufacturing cases is that a defendant did not know that their items were illegal. This could include situations where a person had a substance for another legitimate use or did not realize they had substances in their house that crossed the threshold amount. A Phoenix drug manufacturing lawyer can evaluate the evidence prosecutors intend to bring to trial to identify any potential weaknesses and build an airtight defense.
Just as it is illegal to possess many drugs such as cocaine, heroin, or methamphetamine, it is also unlawful to manufacture these substances. In most cases, a conviction for the manufacture of these items is just as serious as those that allege possession or distribution. However, prosecutors also work to punish those who allegedly possess substances that may lead to the creation of illegal drugs.
If you face charges related to the creation of illegal substances, you need dedicated legal counsel from a Phoenix drug manufacturing lawyer. The team at the Grand Canyon Law Group can work to show that you never personally made these substances or that your possession of precursor chemicals had a legitimate purpose. Call us today to discuss the best strategy in your case.