A. It is unlawful for any person to possess or possess with intent to use an imitation controlled substance.

Terms Used In Arizona Laws 13-3456

  • Controlled substance: means a drug, substance or immediate precursor in schedules I through V of title 36, chapter 27, or a dangerous drug or a narcotic drug listed in section 13-3401. See Arizona Laws 5-841
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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 5-841
  • Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 3-1703
  • 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 3-1703
  • Possess: means knowingly to have physical possession or otherwise to exercise dominion or control over property. See Arizona Laws 3-1703
  • Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 3-1703
  • Unlawful: means contrary to law or, where the context so requires, not permitted by law. See Arizona Laws 3-1703

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 possession or the possession of with intent to use an imitation controlled substance is guilty of a class 2 misdemeanor.