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

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Terms Used In Arizona Laws 13-3458

  • 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
  • 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 13-105
  • 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. A person who violates subsection A by the possession or the possession of with intent to use an imitation over-the-counter drug is guilty of a class 2 misdemeanor.