Arizona Laws 13-3452. Effect of representations made in construing status of certain substances whose origin is uncertain
A. If a dosage unit is in the form of a powder or liquid or if the appearance of a dosage unit is not otherwise reasonably sufficient to establish that a substance is an imitation controlled substance, imitation prescription-only drug or imitation over-the-counter drug, the representations made in connection with the substance or drug shall be considered in addition to all other logically relevant factors in determining whether the substance or drug is an imitation controlled substance, imitation prescription-only drug or imitation over-the-counter drug.
Terms Used In Arizona Laws 13-3452
- Controlled substance: means a drug, substance or immediate precursor in schedules I through V of Title 36, Chapter 27 or the rules adopted pursuant to Title 36, Chapter 27, or a dangerous drug or a narcotic drug listed in section 13-3401. See Arizona Laws 13-3451
- Imitation controlled substance: means a drug, substance or immediate precursor which does or does not contain a controlled substance that by texture, consistency or color or dosage unit appearance as evidenced by color, shape, size or markings, apart from any other representations, packaging or advertisements, would lead a reasonable person to believe that the substance is a controlled substance but it is a counterfeit preparation. See Arizona Laws 13-3451
- Imitation over-the-counter drug: means an imitation of a nonprescription drug as defined in section 32-1901 that by texture, consistency or color or dosage unit appearance as evidenced by color, shape, size or markings, apart from any other representations, packaging or advertisements, would lead a reasonable person to believe that the substance is an over-the-counter drug. See Arizona Laws 13-3451
- Imitation prescription-only drug: means a drug, substance or immediate precursor which does or does not contain a prescription-only drug as defined by section 32-1901 that by texture, consistency or color or dosage unit appearance as evidenced by color, shape, size or markings, apart from any other representations, packaging or advertisements, would lead a reasonable person to believe that the substance is a prescription-only drug but it is a counterfeit preparation. See Arizona Laws 13-3451
- 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
B. For the purposes of this section, representations made in connection with any substance or drug whose status is uncertain include:
1. Statements made by an owner or by anyone else in control of the substance or drug concerning the nature of the substance or drug, or its use or effect.
2. Statements made to the recipient of the substance or drug that the substance or drug may be resold for inordinate profit.
3. Whether the substance or drug is packaged in a manner normally used for imitation controlled substances, imitation prescription-only drugs or imitation over-the-counter drugs.
4. Evasive tactics or actions utilized by the owner or person in control of the substance or drug to avoid detection by law enforcement agencies.