Arizona Laws 13-3453. Manufacture or distribution of imitation controlled substance; prohibited acts; classification
Current as of: 2023 | Check for updates
|
Other versions
A. It is unlawful for a person to manufacture, distribute or possess with intent to distribute an imitation controlled substance.
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 5 felony | up to 2 years | up to $150,000 |
Terms Used In Arizona Laws 13-3453
- 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
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Distribute: means the actual, constructive or attempted transfer, delivery or sale of, or dispensing to another of, an imitation controlled substance, imitation prescription-only drug or imitation over-the-counter drug. See Arizona Laws 13-3451
- 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
- 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
- Manufacture: means the production, preparation, compounding, processing, encapsulating, packaging or repackaging, or labeling or relabeling of an imitation controlled substance, imitation prescription-only drug or imitation over-the-counter drug. 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
- 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
- Unlawful: means contrary to law or, where the context so requires, not allowed by law. See Arizona Laws 13-105
B. It is no defense to prosecution under this section that the defendant believed the imitation controlled substance to be a legitimate controlled substance.
C. A person who violates subsection A by the manufacture, distribution or possession of with intent to distribute an imitation controlled substance as a controlled substance is guilty of a class 6 felony.
D. Any person of the age of eighteen years or older who violates subsection A with respect to any person under the age of eighteen years is guilty of a class 5 felony.