Arizona Laws 13-3406. Possession, use, administration, acquisition, sale, manufacture or transportation of prescription-only drugs; misbranded drugs; classification; definition
A. A person shall not knowingly:
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 6 felony | up to 1 1/2 years | up to $150,000 |
| Class 2 misdemeanor | up to 4 months | up to $750 |
Terms Used In Arizona Laws 13-3406
- Administer: means to apply, inject or facilitate the inhalation or ingestion of a substance to the body of a person. See Arizona Laws 13-3401
- Crime: means a misdemeanor or a felony. See Arizona Laws 13-105
- Dangerous drug: means the following by whatever official, common, usual, chemical or trade name designated:
(a) Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
(i) Alpha-ethyltryptamine. See Arizona Laws 13-3401
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Fraud: Intentional deception resulting in injury to another.
- Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
- Manufacture: means produce, prepare, propagate, compound, mix or process, directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. See Arizona Laws 13-3401
- Marijuana: means all parts of any plant of the genus cannabis, from which the resin has not been extracted, whether growing or not, and the seeds of such plant. See Arizona Laws 13-3401
- Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Narcotic drug: means narcotic drugs as defined in section 13-3401. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Possess: means knowingly to have physical possession or otherwise to exercise dominion or control over property. See Arizona Laws 13-105
- Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
- Practitioner: means a person licensed to prescribe and administer drugs. See Arizona Laws 13-3401
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- sell: means an exchange for anything of value or advantage, present or prospective. See Arizona Laws 13-3401
- Transfer: means furnish, deliver or give away. See Arizona Laws 13-3401
1. Possess or use a prescription-only drug unless the person obtains the prescription-only drug pursuant to a valid prescription of a prescriber who is licensed pursuant to Title 32, Chapter 7, 11, 13, 14, 15, 16, 17, 21, 25 or 29 or is similarly licensed in another state.
2. Unless the person holds a license or a permit issued pursuant to Title 32, Chapter 7, 11, 13, 14, 15, 16, 17, 18, 21, 25 or 29, possess a prescription-only drug for sale.
3. Unless the person holds a license or a permit issued pursuant to Title 32, Chapter 7, 11, 13, 14, 15, 16, 17, 18, 21, 25 or 29, possess equipment and chemicals for the purpose of manufacturing a prescription-only drug.
4. Unless the person holds a license or a permit issued pursuant to Title 32, Chapter 18, manufacture a prescription-only drug.
5. Administer a prescription-only drug to another person whose possession or use of the prescription-only drug violates this section.
6. Obtain or procure the administration of a prescription-only drug by fraud, deceit, misrepresentation or subterfuge.
7. Unless the person is authorized, transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a prescription-only drug.
8. Possess or use a misbranded drug.
9. Manufacture, sell or distribute a misbranded drug.
B. A person who violates:
1. Subsection A, paragraph 9 of this section is guilty of a class 4 felony.
2. Subsection A, paragraph 2 or 7 of this section is guilty of a class 6 felony.
3. Subsection A, paragraph 1, 3, 4, 5 or 6 of this section is guilty of a class 1 misdemeanor.
4. Subsection A, paragraph 8 of this section is guilty of a class 2 misdemeanor.
C. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of one thousand dollars. A judge shall not suspend any part or all of the imposition of any fine required by this subsection.
D. A person who is convicted of a felony violation of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or prescription-only drug except as lawfully administered by a practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections, as appropriate, during the duration of the term of probation or before the expiration of the sentence imposed.
E. If a person who is convicted of a violation of subsection A, paragraph 2 or 7 of this section is granted probation, the court shall order that as a condition of probation the person perform not less than two hundred forty hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.
F. For the purposes of this section, "misbranded drug" means a drug that is misbranded as prescribed in section 32-1967.