Grand Canyon Law GroupN/a
Arizona’s sweeping drug laws make it illegal to manufacture dangerous drugs or to possess the materials to make them. Violations of these laws can result in harsh punishment.
If you face drug manufacturing charges, your liberty is at stake. You need to present an aggressive defense with help from an experienced drug attorney to protect your future. Contact a Scottsdale drug manufacturing lawyer from Grand Canyon Law Group as soon as you are arrested or learn you are under investigation for drug manufacturing.
The state differentiates between manufacturing different types of drugs. Arizona Statute 13 § 3406 makes it illegal to manufacture a drug that is sold by prescription only. Doing so, or possessing the materials to do so, is a Class 1 misdemeanor.
Arizona Revised Statute § 13-3407(A)(3) and(A)(4) prohibits the manufacture of dangerous drugs such as LSD or methamphetamine. It is also illegal to possess the materials for their manufacture. Arizona Revised Statute § 13-3408(A)(3) and (A)(4) makes it illegal to manufacture narcotics or possess materials necessary for their manufacture.
The crime of possessing the means to manufacture a dangerous drug or narcotic is a Class 3 felony unless the drug is methamphetamine or some other dangerous drug or narcotic, which would be a Class 2 felony.
An offender convicted of charges related to drug manufacturing could face severe penalties. The punishment depends on several factors:
First offenders convicted of manufacturing crimes are eligible for probation with a suspended jail sentence if they did not manufacture more than the threshold quantity of the drug and the crime did not involve methamphetamine. The threshold quantity is the amount the law considers more than someone would have for personal use, or a quantity with a street value of at least $1,000. A Scottsdale drug manufacturing attorney can seek evidence suggesting the quantities law enforcement seized did not meet the threshold.
Sentencing is harsher when the charges involve methamphetamine. Crimes involving the manufacture of methamphetamine are Class 2 felonies and not eligible for probation. The presumptive sentence for a first offense is five years in prison but could range from three to 12 and a half years, depending on whether there are mitigating or aggravating circumstances.
For a second offense, the presumptive sentence is nine years and three months, with a range from four and a half years to 23 years. Third and subsequent offenses could face a range of 10 and half to 35 years, with a presumptive sentence of 25 years and nine months.
Regardless of the crime charged, prosecutors must have convincing evidence. A Scottsdale drug manufacturing lawyer can examine the prosecutor’s proof and challenge its accuracy and reliability.
For example, the way the police collected, stored, and transported the drugs before testing could have affected the results of tests establishing the quantity and identity of the drug. Drug charges hinge on identifying the illegal substance and the quantity the accused allegedly possessed. Any uncertainty could lead a judge to dismiss a criminal case.
A drug manufacturing defense attorney could also scrutinize police behavior to ensure they did not infringe the accused’s rights. If the police conducted an improper search, used illegal surveillance methods, or engaged in any improper conduct to obtain evidence, a judge might not allow prosecutors to use the tainted evidence, or could dismiss the case.
Do not face a drug manufacturing charges without an experienced attorney by your side. Penalties are potentially harsh, but a skilled professional can often achieve a favorable result. Our attorneys are former prosecutors who have successfully defended hundreds of cases.