Manufacture Of Dangerous Drugs – Arizona
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Manufacturing Dangerous Drugs in Arizona
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ARS 13-3406, 13-3407(A)(4) and 13-3408(A)(3) state that it is unlawful to manufacture, or possess the equipment to manufacture, dangerous drugs, drugs obtained through a prescription, and narcotics.
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Manufacturing or Possessing Equipment & Chemicals to Manufacture 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 by up to:
- 3 years of 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 & Chemicals to Manufacture a Dangerous Drug or 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 considered a Class 3 felony.
Possible punishments include for this offense include:
- First offense: Probation with up to 1 year in jail; if the judge orders prison, then 2 to 8.75 years in prison
- If you have one historical prior felony conviction: 3.5 to 16.25 years in prison
- If you have two historical prior felony convictions: 7.5 to 25 years in prison
If you are convicted for actually manufacturing dangerous drugs or narcotics, it is considered a Class 2 felony and the amount manufactured exceeds the statutory “threshold” amount then you will not be eligible for probation.
The judge would have to sentence you to the following:
- First offense: 3 to 12.5 years in prison
- Second offense: 4.5 to 23.25 years in prison
- Third offense: 10.5 to 35 years in prison
Threshold Amounts to be Considered “Dangerous Drug”
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 in blotter form
- PCP: 4 grams or 50 milliliters
- More than 2 pounds of marijuana
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