Arizona Laws 13-3402. Possession and sale of peyote; classification
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A. A person who knowingly possesses, sells, transfers or offers to sell or transfer peyote is guilty of a class 6 felony.
Terms Used In Arizona Laws 13-3402
- 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
- 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
- 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
- Peyote: means any part of a plant of the genus lophophora, known as the mescal button. See Arizona Laws 13-3401
- 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
B. In a prosecution for violation of this section, it is a defense that the peyote is being used or is intended for use:
1. In connection with the bona fide practice of a religious belief, and
2. As an integral part of a religious exercise, and
3. In a manner not dangerous to public health, safety or morals.