Drug Manufacturing Laws in Arizona
The cultivation and manufacturing of drugs in Arizona is a criminal offense that carries more serious consequences than the penalties for drug possession. The type of drug being cultivated or manufactured will also determine what the penalty is going to be in case an individual is found guilty under the drug manufacturing laws in Arizona.
Arizona Statutes Pertaining to Drug Cultivation and Manufacturing
According to Arizona Revised Statutes 13-3405, the production of marijuana is a criminal offense. The quantity will be determining for the eventual penalty.
When less than two pounds of marijuana are found, the defendant will be charged with a Class 5 felony. The sentence will range between six months and 2.5 years. There will also be a minimum fine of 1,000 dollars.
A person found guilty of manufacturing anywhere between two and four pounds of marijuana will face the penalties for a Class 4 felony – anywhere between one and 4.75 years in prison and a fine of at least 1,000 dollars. A larger amount leads to Class 3 felony charges and penalties in the range between two and 8.5 years in prison.
The cultivation and manufacturing of dangerous drugs is criminalized via Arizona Revised Statutes 13-3407. According to the legal definition, a dangerous drug is a hallucinogenic substance obtained through a chemical process and street drugs other than marijuana. The detailed description can be found in A.R.S. 13-3401.
The manufacturing of dangerous drugs is a Class 2 felony. It is punishable by anywhere between two and 12.5 years in prison.
Arizona also has regulations pertaining to the cultivation and manufacturing of narcotics – substances of both natural and synthetic origin like opium, fentanyl, benzethidine, cannabis, coca, sufentanil, tramadol, heroin, hydrocodone and others.
This is also a Class 2 felony and the penalties are the same as the sanctions for individuals involved in the manufacturing of dangerous drugs.
Finally, a person can be found guilty of criminal activity if they manufacture prescription-only/misbranded drugs. According to Arizona Revised Statutes 13-3406, the manufacturing of prescription-only drugs without appropriate license is a Class 1 misdemeanor. The manufacturing of misbranded drugs is a Class 4 felony.
Possible Defenses for Manufacturing and Drug Cultivation Charges
The consequences of drug manufacturing charges could be life-altering. Even if you know that you’re innocent, it’s still important to consult an experienced criminal defense attorney who will review the evidence and come up with the best strategy.
Several defense approaches could deliver good results.
People who hold a valid permit or a license for the manufacturing/cultivation of the respective substance are exempt from the regulations mentioned above. More information about the license and the rights its owner is entitled to can be found in Arizona Revised Statutes 39-1921.
When people live with roommates, a possible line of defense could be that they were unaware of the fact another house resident was manufacturing or cultivating drugs.
An attorney can also challenge the police procedures and the investigative steps that led to the arrest. An illegal search that occurred without a probable cause and a warrant, for example, provides the defense with an opportunity to turn things around. A violation of the defendant’s civil rights will also help.
Keep in mind that even if you weren’t directly involved in the making of drugs, you could still be charged as an accomplice. The implications of such charges can be serious, which is why you will also need a good legal representative who understand drug manufacturing laws in Arizona.
Even if it’s impossible to prove that a defendant wasn’t involved in drug manufacturing, a lawyer can mitigate the sanctions. The quantity of drugs found will be of paramount importance in such situations. A lawyer will know the factors that matter and that could help the defendant get out with the minimal possible sentence.