A. It is unlawful for any person to manufacture, distribute or possess with intent to distribute an imitation over-the-counter drug.

Attorney's Note

Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 5 felonyup to 2 yearsup to $150,000
For details, see § 13-702
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Terms Used In Arizona Laws 13-3455

  • 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 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
  • 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 over-the-counter drug to be a legitimate over-the-counter drug.

C. Any person who violates subsection A by the manufacture, distribution or possession of with intent to distribute an imitation over-the-counter 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.