Arizona criminal charge
Possession or sale of precursor chemicals, regulated chemicals, substances or equipment in Arizona
Possession or sale of precursor chemicals, regulated chemicals, substances or equipment is a criminal offense under Arizona law, defined by A.R.S. § 13-3404.01. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-3404.01.
What is the penalty for possession or sale of precursor chemicals, regulated chemicals, substances or equipment in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 4 years to 10 years (Possession of precursor chemical II / sale to manufacture drugs — Violation of subsection A paragraph 1 (knowing possession of precursor chemical II) or paragraph 6 (selling/furnishing with knowledge recipient will manufacture a dangerous or narcotic drug).; presumptive 5 years; mitigated 3 / aggravated 12.5 years available only on at least two mitigating/aggravating circumstances (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Possession of precursor chemical II / sale to manufacture drugs — Violation of subsection A paragraph 1 (knowing possession of precursor chemical II) or paragraph 6 (selling/furnishing with knowledge recipient will manufacture a dangerous or narcotic drug).; fine cap for an individual (13-801); drug and other offenses may set higher statute-specific amounts) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 9 months to 24 months (Possession/purchase of excess pseudoephedrine, ephedrine, or related violations — Violation of subsection A paragraph 2, 3, 4, 5, 7, 9, 11, or 12, covering unlicensed possession/purchase of excess quantities of pseudoephedrine/ephedrine, altered labels, unlawful sales exceeding limits, unlicensed acquisition by wholesaler/retailer, or structuring transactions to evade limits.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Possession/purchase of excess pseudoephedrine, ephedrine, or related violations — Violation of subsection A paragraph 2, 3, 4, 5, 7, 9, 11, or 12, covering unlicensed possession/purchase of excess quantities of pseudoephedrine/ephedrine, altered labels, unlawful sales exceeding limits, unlicensed acquisition by wholesaler/retailer, or structuring transactions to evade limits.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 6 months to 18 months (Unlicensed sale/transfer of precursor chemical or rule violation — Violation of subsection A paragraph 8 (unlicensed sale/transfer of more than nine grams of a precursor chemical) or paragraph 10 (sale in violation of board or department rules).; presumptive 1 year; mitigated .33 years / aggravated 2 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges; a class 6 felony may be designated a class 1 misdemeanor under 13-604) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Unlicensed sale/transfer of precursor chemical or rule violation — Violation of subsection A paragraph 8 (unlicensed sale/transfer of more than nine grams of a precursor chemical) or paragraph 10 (sale in violation of board or department rules).; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 9 months to 24 months (Retailer, wholesaler, or manufacturer improper sale of precursor chemical — Violation of subsection B (retailer improper sale), D (wholesaler improper sale), or E (manufacturer improper sale) of a precursor chemical.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Retailer, wholesaler, or manufacturer improper sale of precursor chemical — Violation of subsection B (retailer improper sale), D (wholesaler improper sale), or E (manufacturer improper sale) of a precursor chemical.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 9 months to 24 months (Retailer sale exceeding package/gram limit (felony) — Violation of subsection C generally, i.e., a retailer selling more than three packages or nine grams of ephedrine/pseudoephedrine/(-)-norpseudoephedrine/phenylpropanolamine in a single transaction without a valid prescription.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Retailer sale exceeding package/gram limit (felony) — Violation of subsection C generally, i.e., a retailer selling more than three packages or nine grams of ephedrine/pseudoephedrine/(-)-norpseudoephedrine/phenylpropanolamine in a single transaction without a valid prescription.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | up to 4 months (Retailer sale exceeding limit, first offense under 50 grams — First violation of subsection C involving less than a total of fifty grams of the regulated substances.; definite term served outside state prison (13-707(A)(2)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $750 (Retailer sale exceeding limit, first offense under 50 grams — First violation of subsection C involving less than a total of fifty grams of the regulated substances.; 13-802(B)) | discretionary | A.R.S. § 13-707 |
| Jail / prison | up to 6 months (Retailer sale exceeding limit, second offense under 50 grams — Second violation of subsection C involving less than a total of fifty grams of the regulated substances.; definite term served outside state prison (13-707(A)(1)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $2,500 (Retailer sale exceeding limit, second offense under 50 grams — Second violation of subsection C involving less than a total of fifty grams of the regulated substances.; 13-802(A)) | discretionary | A.R.S. § 13-707 |
Applies to first felony offense, non-dangerous; presumptive term 5 years.
How is possession or sale of precursor chemicals, regulated chemicals, substances or equipment classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession of precursor chemical II / sale to manufacture drugs | Class 2 Felony | Violation of subsection A paragraph 1 (knowing possession of precursor chemical II) or paragraph 6 (selling/furnishing with knowledge recipient will manufacture a dangerous or narcotic drug). | A.R.S. § 13-3404.01H |
| Possession/purchase of excess pseudoephedrine, ephedrine, or related violations | Class 5 Felony | Violation of subsection A paragraph 2, 3, 4, 5, 7, 9, 11, or 12, covering unlicensed possession/purchase of excess quantities of pseudoephedrine/ephedrine, altered labels, unlawful sales exceeding limits, unlicensed acquisition by wholesaler/retailer, or structuring transactions to evade limits. | A.R.S. § 13-3404.01H |
| Unlicensed sale/transfer of precursor chemical or rule violation | Class 6 Felony | Violation of subsection A paragraph 8 (unlicensed sale/transfer of more than nine grams of a precursor chemical) or paragraph 10 (sale in violation of board or department rules). | A.R.S. § 13-3404.01H |
| Retailer, wholesaler, or manufacturer improper sale of precursor chemical | Class 5 Felony | Violation of subsection B (retailer improper sale), D (wholesaler improper sale), or E (manufacturer improper sale) of a precursor chemical. | A.R.S. § 13-3404.01H |
| Retailer sale exceeding package/gram limit (felony) | Class 5 Felony | Violation of subsection C generally, i.e., a retailer selling more than three packages or nine grams of ephedrine/pseudoephedrine/(-)-norpseudoephedrine/phenylpropanolamine in a single transaction without a valid prescription. | A.R.S. § 13-3404.01H |
| Retailer sale exceeding limit, first offense under 50 grams | Class 2 Misdemeanor | First violation of subsection C involving less than a total of fifty grams of the regulated substances. | A.R.S. § 13-3404.01H |
| Retailer sale exceeding limit, second offense under 50 grams | Class 1 Misdemeanor | Second violation of subsection C involving less than a total of fifty grams of the regulated substances. | A.R.S. § 13-3404.01H |
Common questions about possession or sale of precursor chemicals, regulated chemicals, substances or equipment in Arizona
Is possession or sale of precursor chemicals, regulated chemicals, substances or equipment a felony or a misdemeanor in Arizona?
It depends on the circumstances: possession or sale of precursor chemicals, regulated chemicals, substances or equipment ranges from a Class 2 Misdemeanor to a Class 2 Felony in Arizona under A.R.S. § 13-3404.01.
Possession of precursor chemical II / sale to manufacture drugs: Class 2 Felony (A.R.S. § 13-3404.01H) · Possession/purchase of excess pseudoephedrine, ephedrine, or related violations: Class 5 Felony (A.R.S. § 13-3404.01H) · Unlicensed sale/transfer of precursor chemical or rule violation: Class 6 Felony (A.R.S. § 13-3404.01H) · Retailer, wholesaler, or manufacturer improper sale of precursor chemical: Class 5 Felony (A.R.S. § 13-3404.01H) · Retailer sale exceeding package/gram limit (felony): Class 5 Felony (A.R.S. § 13-3404.01H) · Retailer sale exceeding limit, first offense under 50 grams: Class 2 Misdemeanor (A.R.S. § 13-3404.01H) · Retailer sale exceeding limit, second offense under 50 grams: Class 1 Misdemeanor (A.R.S. § 13-3404.01H)
What are the penalties for possession or sale of precursor chemicals, regulated chemicals, substances or equipment in Arizona?
Penalties for possession or sale of precursor chemicals, regulated chemicals, substances or equipment in Arizona depend on how it is classified — from a Class 2 Misdemeanor up to a Class 2 Felony — with the ranges set by A.R.S. § 13-702 and A.R.S. § 13-707; the full table of ranges by variant is published on this page.
Which Arizona statute covers possession or sale of precursor chemicals, regulated chemicals, substances or equipment?
Possession or sale of precursor chemicals, regulated chemicals, substances or equipment is governed by A.R.S. § 13-3404.01 (Possession or sale of precursor chemicals, regulated chemicals, substances or equipment; exceptions; classification).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.