The term “dangerous drugs” is typically associated with controlled substances which are the subject of a number of federal and state criminal laws, including criminal laws in the state of Arizona. In Arizona, the term is connected to crimes involving the manufacturing of drugs that are classified as dangerous under Arizona law.
Arizona state law makes it illegal to manufacture prescription drugs, dangerous drugs and other narcotics. It is also illegal to even possess the equipment and chemicals needed to manufacture prescription drugs, dangerous drugs and other narcotics.
A person can be charged with a criminal offense in Arizona even if no amount of any specified dangerous drug has been manufactured. Simple possession of the equipment and chemicals required for manufacturing is enough for the person who possesses the items to be charged with a crime. This is a class 3 felony, however if offense involved methamphetamine, a more serious class 2 felony can be charged.
What Drugs Does Arizona Deem Dangerous?
Arizona state law makes many drugs, including prescription narcotics, a dangerous drug. Examples of dangerous drugs include:
- Methamphetamines;
- Cocaine;
- “Crack” cocaine;
- Pain killers;
- Some antidepressant medication;
- Heroin;
- LSD.
Three hundred and thirty-two drugs are listed in the Arizona Revised Statutes as dangerous drugs, so the list above is far from complete.
What Does It Mean to Manufacture a Drug?
Generally manufacturing a drug refers to producing it either through extraction of the drug from a plant or chemical synthesis.
What Is the Punishment for Manufacturing Dangerous Drugs in Arizona?
If a defendant is convicted of either manufacturing a prescription-only drug or possessing the equipment or chemicals necessary to manufacture a prescription-only drug, the defendant may face up to six months in jail. A fine of up to $2500 may also be imposed. The offense is a misdemeanor. There is a separate and additional fine of $1,000 that can be imposed.
However, if a defendant is convicted of possession of the equipment or chemicals needed for manufacturing a dangerous drug or narcotic, such as methamphetamine, it is considered a class 3 felony in Arizona. The defendant faces a sentence ranging from probation without jail time to eight years and nine months in prison.
If a defendant has prior convictions, the term of imprisonment increases. For example, a defendant who has one or two previous felony convictions for the manufacture of methamphetamine or other dangerous drugs may face from sixteen years and three months to a maximum of 25 years in prison.
The actual manufacture of narcotics or dangerous drugs, such as methamphetamine, is a class 2 felony in Arizona. Upon conviction, the defendant faces a term of imprisonment in state prison that depends on the amount manufactured. If the amount is above the “statutory threshold” amount, the defendant is no longer eligible for probation and must go to prison for a term of three years to twelve years and six months.
A defendant who is found to have manufactured narcotics or dangerous drugs with a previous felony conviction faces imprisonment for four years and six months to twenty-three years and three months.
A defendant who has had two prior felony convictions may be sentenced to between ten years and six months and thirty-five years in an Arizona state prison.
The state’s “threshold” amount varies according to the drug involved in the offense. A person convicted of manufacturing the following amounts or more of the respective drugs faces a punishment that involves mandatory time in an Arizona state prison as follows:
- Methamphetamine: Nine grams;
- Cocaine: Nine powdered grams;
- “Crack” cocaine: Three-fourths of a gram;
- Heroin: One gram;
- LSD: One-half of a millimeter;
- PCP: Fifty milliliters.
What If I Only Have the Equipment to Manufacture?
As explained above, even simple possession of the equipment or chemicals needed to manufacture dangerous drugs is a felony in Arizona. Specifically, the offense can be charged as a class 3 felony. A first offense is punishable by up to nine years in prison.
If convicted a second time of the same offense, conviction is punishable by up to 16 years in prison. A person can be sentenced to as many as 25 years in prison for a third conviction.
Is Drug Cultivation the Same as Manufacturing a Dangerous Drug?
Drug cultivation involves growing plants that are classified as controlled substances. This includes plants such as opium poppies, the source of heroin, and marijuana.
As of 2020, in Arizona all adults over the age of twenty-one may legally possess marijuana. Notably, those under the age of twenty-one must be medically qualified to purchase or use marijuana. Adults over the age of twenty-one can purchase up to one ounce of marijuana on one occasion. Additional ounces can be purchased, but it must be done on separate occasions. Medical marijuana users can purchase up to 2.5 ounces in a 14-day period.
In addition, adults over the age of 21 can grow up to 6 marijuana plants inside their home only. Two or more adults over 21 can grow up to 12 of their own marijuana plants. Three or more adults can only grow up to 12 plants.
The plants must be grown inside an enclosed space, e.g. a room or closet that is secured and not accessible to minors.
Medical marijuana patients and caregivers can grow marijuana plants at home if they live a certain distance away from the dispensary. More specifically, medical marijuana patients and caregivers can grow their plants if they live 25 miles or more away from a dispensary.
People who cultivate marijuana for medical use can grow up to twelve plants.
However, extracting the active ingredient from marijuana, i.e. THC, would still be illegal.
Can I Sell the Marijuana Plants I Grow at Home?
Marijuana grown at home cannot be sold. Doing so could lead to the seller being charged with a crime. A person who wants to sell marijuana must register as a marijuana establishment.
Are Criminal Charges the Only Consequence of Manufacturing Dangerous Drugs?
If a person is investigated for or charged with manufacturing dangerous drugs, the information is entered into law enforcement record systems. Another risk to keep in mind is the fact that the manufacture of dangerous drugs in rooms in a home, in basements, and in enclosed suites in industrial parks runs the risk of deadly fires and explosions.
Many of the people who manufacture dangerous drugs are not trained in the use of hazardous chemicals that produce toxic fumes. The pilot light on a gas stove or a lighted cigarette can ignite fumes, and this can be quite harmful to the person doing the manufacturing and others in the vicinity. It can also cause catastrophic property damage.
Damaging events in places where methamphetamine is manufactured have increased dramatically as the drug has grown in popularity. Reportedly, eight or nine meth labs are discovered every year in Arizona. Causing injury and damage by working with chemicals to manufacture methamphetamines could lead to a person being sued for negligence.
Are There Any Defenses to a Charge of Manufacturing Dangerous Drugs?
The issue for mere possession of chemicals and equipment that can be used to manufacture drugs is whether the defendant “knowingly” possessed the equipment. For instance, a defendant who shares living premises with other people may not know that such equipment is present within the home. The person may not even spend time in the area in which the equipment is stored. Or, they may not even have access to this area.
Further, the defendant’s fingerprints might not be present on the equipment at issue. If it can be shown that the defendant knew that roommates were in possession of such equipment, the defendant might be able to show that the roommates and not the defendant engaged in manufacturing drugs. Another possible defense is for the defendant to prove that they had a perfectly innocent purpose for having and using the equipment.
Other possible defenses would be the following:
- Law enforcement illegally searched for or seized key evidence and it must be excluded;
- Before obtaining incriminating statements from the defendant, law enforcement failed to advise the defendant of their Miranda rights, i.e. the right to remain silent, that anything said can and will be used against them in a court of law and that they have a right to an attorney and if they cannot afford one, an attorney will be appointed to represent them;
- Law enforcement entrapped the defendant by pressuring them in some way to commit a criminal offense that they would not otherwise have done.
Can a Lawyer Help Me With My Drug Charge?
If you are facing a manufacturing a dangerous drug charge, you need to consult with a drug lawyer in Arizona who can help you.
Your lawyer can analyze your case and determine if any defenses are available to you and how to proceed with your case.
