Arizona Laws 13-3454. Manufacture or distribution of imitation prescription-only drug; prohibited acts; classification
Current as of: 2023 | Check for updates
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A. It is unlawful for any person to manufacture, distribute or possess with intent to distribute an imitation prescription-only drug.
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 |
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Terms Used In Arizona Laws 13-3454
- 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 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
- 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 prescription-only drug to be a legitimate prescription-only drug.
C. A person who violates subsection A by the manufacture, distribution or possession of with intent to distribute an imitation prescription-only drug is guilty of a class 6 felony.
D. A 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.