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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Criminal Code
Chapter : DRUG OFFENSES
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13-3401 Definitions
In this chapter, unless the context otherwise requires:
1. "Administer" means to apply, inject or facilitate the inhalation or ingestion of
a substance to the body of a person.
2. "Amidone" means any substance identified chemically as
(4-4-diphenyl-6-dimethylamine-heptanone-3), or any salt of such substance, by whatever
trade name designated.
3. "Board" means the ARIZONA state board of pharmacy.
4. "Cannabis" means the following substances under whatever names they may be
designated:
(a) The resin extracted from any part of a plant of the genus cannabis, and every
compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds
or its resin. Cannabis does not include oil or cake made from the seeds of such plant,
any fiber, compound, manufacture, salt, derivative, mixture or preparation of the mature
stalks of such plant except the resin extracted from the stalks or any fiber, oil or cake
or the sterilized seed of such plant which is incapable of germination.
(b) Every compound, manufacture, salt, derivative, mixture or preparation of such
resin or tetrahydrocannabinol.
5. "Coca leaves" means cocaine, its optical isomers and any compound, manufacture,
salt, derivative, mixture or preparation of coca leaves, except derivatives of coca
leaves which do not contain cocaine, ecgonine or substances from which cocaine or
ecgonine may be synthesized or made.
6. "Dangerous drug" means the following by whatever official, common, usual,
chemical or trade name designated:
(a) Any material, compound, mixture or preparation which contains any quantity of
the following hallucinogenic substances and their salts, isomers and salts of isomers,
unless specifically excepted, whenever the existence of such salts, isomers and salts of
isomers is possible within the specific chemical designation:
(i) Alpha-ethyltryptamine.
(ii) Aminorex.
(iii) 4-bromo-2, 5-dimethoxyphenethylamine.
(iv) 4-bromo-2, 5-dimethoxyamphetamine.
(v) Bufotenine.
(vi) Diethyltryptamine.
(vii) 2, 5-dimethoxyamphetamine.
(viii) Dimethyltryptamine.
(ix) 5-methoxy-3, 4-methylenedioxyamphetamine.
(x) 4-methyl-2, 5-dimethoxyamphetamine.
(xi) Ibogaine.
(xii) Lysergic acid amide.
(xiii) Lysergic acid diethylamide.
(xiv) Mescaline.
(xv) 4-methoxyamphetamine.
(xvi) Methoxymethylenedioxyamphetamine (MMDA).
(xvii) Methylenedioxyamphetamine (MDA).
(xviii) 3, 4-methylenedioxymethamphetamine.
(xix) 3, 4-methylenedioxy-n-ethylamphetamine.
(xx) N-ethyl-3-piperidyl benzilate (JB-318).
(xxi) N-hydroxy-3, 4-methylenedioxyamphetamine.
(xxii) N-methyl-3-piperidyl benzilate (JB-336).
(xxiii) N-(1-phenylcyclohexyl) ethylamine (PCE).
(xxiv) Nabilone.
(xxv) 1-(1-phenylcyclohexyl) pyrrolidine (PHP).
(xxvi) 1-(1-(2-thienyl)-cyclohexyl) piperidine (TCP).
(xxvii) 1-(1-(2-thienyl)-cyclohexyl) pyrrolidine.
(xxviii) Para-methoxyamphetamine (PMA).
(xxix) Psilocybin.
(xxx) Psilocyn.
(xxxi) Synhexyl.
(xxxii) Trimethoxyamphetamine (TMA).
(b) Any material, compound, mixture or preparation which contains any quantity of
the following substances and their salts, optical isomers, and salts of optical isomers
having a potential for abuse associated with a stimulant effect on the central nervous
system:
(i) Amphetamine.
(ii) Benzphetamine.
(iii) Butorphanol.
(iv) Cathine ((+)-norpseudoephedrine).
(v) Chlorphentermine.
(vi) Clortermine.
(vii) Diethylpropion.
(viii) Fencamfamin.
(ix) Fenethylline.
(x) Fenproporex.
(xi) Mazindol.
(xii) Mefenorex.
(xiii) Methamphetamine.
(xiv) Methcathinone.
(xv) 4-methylaminorex.
(xvi) Methylphenidate.
(xvii) Modafinil.
(xviii) N-ethylamphetamine.
(xix) N, N-dimethylamphetamine.
(xx) Pemoline.
(xxi) Phendimetrazine.
(xxii) Phenmetrazine.
(xxiii) Phentermine.
(xxiv) Pipradol.
(xxv) Propylhexedrine.
(xxvi) Pyrovalerone.
(xxvii) Sibutramine.
(xxviii) Spa ((-)-1-dimethylamino-1,2-diphenylethane).
(c) Any material, compound, mixture or preparation which contains any quantity of
the following substances having a potential for abuse associated with a depressant effect
on the central nervous system:
(i) Any substance which contains any quantity of a derivative of barbituric acid,
or any salt of a derivative of barbituric acid, unless specifically excepted.
(ii) Alprazolam.
(iii) Bromazepam.
(iv) Camazepam.
(v) Carisoprodol.
(vi) Chloral betaine.
(vii) Chloral hydrate.
(viii) Chlordiazepoxide.
(ix) Chlorhexadol.
(x) Clobazam.
(xi) Clonazepam.
(xii) Clorazepate.
(xiii) Clotiazepam.
(xiv) Cloxazolam.
(xv) Delorazepam.
(xvi) Diazepam.
(xvii) Dichloralphenazone.
(xviii) Estazolam.
(xix) Ethchlorvynol.
(xx) Ethinamate.
(xxi) Ethyl loflazepate.
(xxii) Fenfluramine.
(xxiii) Fludiazepam.
(xxiv) Flunitrazepam.
(xxv) Flurazepam.
(xxvi) Gamma hydroxy butyrate.
(xxvii) Glutethimide.
(xxviii) Halazepam.
(xxix) Haloxazolam.
(xxx) Ketamine.
(xxxi) Ketazolam.
(xxxii) Loprazolam.
(xxxiii) Lorazepam.
(xxxiv) Lormetazepam.
(xxxv) Lysergic acid.
(xxxvi) Mebutamate.
(xxxvii) Mecloqualone.
(xxxviii) Medazepam.
(xxxix) Meprobamate.
(xl) Methaqualone.
(xli) Methohexital.
(xlii) Methyprylon.
(xliii) Midazolam.
(xliv) Nimetazepam.
(xlv) Nitrazepam.
(xlvi) Nordiazepam.
(xlvii) Oxazepam.
(xlviii) Oxazolam.
(xlix) Paraldehyde.
(l) Petrichloral.
(li) Phencyclidine.
(lii) Pinazepam.
(liii) Prazepam.
(liv) Scopolamine.
(lv) Sulfondiethylmethane.
(lvi) Sulfonethylmethane.
(lvii) Sulfonmethane.
(lviii) Quazepam.
(lix) Temazepam.
(lx) Tetrazepam.
(lxi) Tiletamine.
(lxii) Triazolam.
(lxiii) Zaleplon.
(lxiv) Zolazepam.
(lxv) Zolpidem.
(d) Any material, compound, mixture or preparation which contains any quantity of
the following anabolic steroids and their salts, isomers or esters:
(i) Boldenone.
(ii) Clostebol (4-chlorotestosterone).
(iii) Dehydrochloromethyltestosterone.
(iv) Drostanolone.
(v) Ethylestrenol.
(vi) Fluoxymesterone.
(vii) Formebulone (formebolone).
(viii) Mesterolone.
(ix) Methandriol.
(x) Methandrostenolone (methandienone).
(xi) Methenolone.
(xii) Methyltestosterone.
(xiii) Mibolerone.
(xiv) Nandrolone.
(xv) Norethandrolon.
(xvi) Oxandrolone.
(xvii) Oxymesterone.
(xviii) Oxymetholone.
(xix) Stanolone (4-dihydrotestosterone).
(xx) Stanozolol.
(xxi) Testolactone.
(xxii) Testosterone.
(xxiii) Trenbolone.
7. "Deliver" means the actual, constructive or attempted exchange from one person
to another, whether or not there is an agency relationship.
8. "Director" means the director of the department of health services.
9. "Dispense" means distribute, leave with, give away, dispose of or deliver.
10. "Drug court program" means a program that is established pursuant to section
13-3422 by the presiding judge of the superior court in cooperation with the county
attorney in a county for the purpose of prosecuting, adjudicating and treating drug
dependent persons who meet the criteria and guidelines for entry into the program that
are developed and agreed on by the presiding judge and the prosecutor.
11. "Drug dependent person" means a person who is using a substance that is listed
in paragraph 6, 19, 20, 21 or 28 of this section and who is in a state of psychological
or physical dependence, or both, arising from the use of that substance.
12. "Federal act" has the same meaning prescribed in section 32-1901.
13. "Isoamidone" means any substance identified chemically as
(4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3), or any salt of such substance, by
whatever trade name designated.
14. "Isonipecaine" means any substance identified chemically as
(1-methyl-4-phenyl-piperidine-4-carboxylic acid ethyl ester), or any salt of such
substance, by whatever trade name designated.
15. "Ketobemidone" means any substance identified chemically as
(4-(3-hydroxyphenyl)-1-methyl-4-piperidylethyl ketone hydrochloride), or any salt of such
substance, by whatever trade name designated.
16. "Licensed" or "permitted" means authorized by the laws of this state to do
certain things.
17. "Manufacture" means produce, prepare, propagate, compound, mix or process,
directly or indirectly, by extraction from substances of natural origin or independently
by means of chemical synthesis, or by a combination of extraction and chemical
synthesis. Manufacture includes any packaging or repackaging or labeling or relabeling
of containers. Manufacture does not include any producing, preparing, propagating,
compounding, mixing, processing, packaging or labeling done in conformity with applicable
state and local laws and rules by a licensed practitioner incident to and in the course
of his licensed practice.
18. "Manufacturer" means a person who manufactures a narcotic or dangerous drug or
other substance controlled by this chapter.
19. "Marijuana" means all parts of any plant of the genus cannabis, from which the
resin has not been extracted, whether growing or not, and the seeds of such
plant. Marijuana does not include the mature stalks of such plant or the sterilized seed
of such plant which is incapable of germination.
20. "Narcotic drugs" means the following, whether of natural or synthetic origin and
any substance neither chemically nor physically distinguishable from them:
(a) Acetyl-alpha-methylfentanyl.
(b) Acetylmethadol.
(c) Alfentanil.
(d) Allylprodine.
(e) Alphacetylmethadol.
(f) Alphameprodine.
(g) Alphamethadol.
(h) Alpha-methylfentanyl.
(i) Alpha-methylthiofentanyl.
(j) Alphaprodine.
(k) Amidone (methadone).
(l) Anileridine.
(m) Benzethidine.
(n) Benzylfentanyl.
(o) Betacetylmethadol.
(p) Beta-hydroxyfentanyl.
(q) Beta-hydroxy-3-methylfentanyl.
(r) Betameprodine.
(s) Betamethadol.
(t) Betaprodine.
(u) Bezitramide.
(v) Buprenorphine and its salts.
(w) Cannabis.
(x) Carfentanil.
(y) Clonitazene.
(z) Coca leaves.
(aa) Dextromoramide.
(bb) Dextropropoxyphene.
(cc) Diampromide.
(dd) Diethylthiambutene.
(ee) Difenoxin.
(ff) Dihydrocodeine.
(gg) Dimenoxadol.
(hh) Dimepheptanol.
(ii) Dimethylthiambutene.
(jj) Dioxaphetyl butyrate.
(kk) Diphenoxylate.
(ll) Dipipanone.
(mm) Ethylmethylthiambutene.
(nn) Etonitazene.
(oo) Etoxeridine.
(pp) Fentanyl.
(qq) Furethidine.
(rr) Hydroxypethidine.
(ss) Isoamidone (isomethadone).
(tt) Pethidine (meperidine).
(uu) Ketobemidone.
(vv) Levomethorphan.
(ww) Levomoramide.
(xx) Levophenacylmorphan.
(yy) Levorphanol.
(zz) Metazocine.
(aaa) 3-methylfentanyl.
(bbb) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP).
(ccc) 3-methylthiofentanyl.
(ddd) Morpheridine.
(eee) Noracymethadol.
(fff) Norlevorphanol.
(ggg) Normethadone.
(hhh) Norpipanone.
(iii) Opium.
(jjj) Para-fluorofentanyl.
(kkk) Pentazocine.
(lll) Phenadoxone.
(mmm) Phenampromide.
(nnn) Phenazocine.
(ooo) 1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine (PEPAP).
(ppp) Phenomorphan.
(qqq) Phenoperidine.
(rrr) Piminodine.
(sss) Piritramide.
(ttt) Proheptazine.
(uuu) Properidine.
(vvv) Propiram.
(www) Racemethorphan.
(xxx) Racemoramide.
(yyy) Racemorphan.
(zzz) Remifentanil.
(aaaa) Sufentanil.
(bbbb) Thenylfentanyl.
(cccc) Thiofentanyl.
(dddd) Tilidine.
(eeee) Trimeperidine.
21. "Opium" means any compound, manufacture, salt, isomer, salt of isomer,
derivative, mixture or preparation of the following, but does not include apomorphine or
any of its salts:
(a) Acetorphine.
(b) Acetyldihydrocodeine.
(c) Benzylmorphine.
(d) Codeine.
(e) Codeine methylbromide.
(f) Codeine-n-oxide.
(g) Cyprenorphine.
(h) Desomorphine.
(i) Dihydromorphine.
(j) Drotebanol.
(k) Ethylmorphine.
(l) Etorphine.
(m) Heroin.
(n) Hydrocodone.
(o) Hydromorphinol.
(p) Hydromorphone.
(q) Levo-alphacetylmethadol.
(r) Methyldesorphine.
(s) Methyldihydromorphine.
(t) Metopon.
(u) Morphine.
(v) Morphine methylbromide.
(w) Morphine methylsulfonate.
(x) Morphine-n-oxide.
(y) Myrophine.
(z) Nalorphine.
(aa) Nicocodeine.
(bb) Nicomorphine.
(cc) Normorphine.
(dd) Oxycodone.
(ee) Oxymorphone.
(ff) Pholcodine.
(gg) Thebacon.
(hh) Thebaine.
22. "Ordinary ephedrine, pseudoephedrine, (-)-norpseudoephedrine or
phenylpropanolamine product" means a product that contains ephedrine, pseudoephedrine,
(-)-norpseudoephedrine or phenylpropanolamine and that is all of the following:
(a) Approved for sale under the federal act.
(b) Labeled, advertised and marketed only for an indication that is approved by the
federal food and drug administration.
(c) Either:
(i) A nonliquid that is sold in package sizes of not more than three grams of
ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenlypropanolamine and that is
packaged in blister packs containing not more than two dosage units or, if the use of
blister packs is technically infeasible, that is packaged in unit dose packets or
pouches.
(ii) A liquid that is sold in package sizes of not more than three grams of
ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine.
23. "Peyote" means any part of a plant of the genus lophophora, known as the mescal
button.
24. "Pharmacy" means a licensed business where drugs are compounded or dispensed by
a licensed pharmacist.
25. "Practitioner" means a person licensed to prescribe and administer drugs.
26. "Precursor chemical I" means any material, compound, mixture or preparation
which contains any quantity of the following substances and their salts, optical isomers
or salts of optical isomers:
(a) N-acetylanthranilic acid.
(b) Anthranilic acid.
(c) Ephedrine.
(d) Ergotamine.
(e) Isosafrole.
(f) Lysergic acid.
(g) Methylamine.
(h) N-ethylephedrine.
(i) N-ethylpseudoephedrine.
(j) N-methylephedrine.
(k) N-methylpseudoephedrine.
(l) Norephedrine.
(m) (-)-Norpseudoephedrine.
(n) Phenylacetic acid.
(o) Phenylpropanolamine.
(p) Piperidine.
(q) Pseudoephedrine.
27. "Precursor chemical II" means any material, compound, mixture or preparation
which contains any quantity of the following substances and their salts, optical isomers
or salts of optical isomers:
(a) 4-cyano-2-dimethylamino-4, 4-diphenyl butane.
(b) 4-cyano-1-methyl-4-phenylpiperidine.
(c) Chlorephedrine.
(d) Chlorpseudoephedrine.
(e) Ethyl-4-phenylpiperidine-4-carboxylate.
(f) 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid.
(g) 1-methyl-4-phenylpiperidine-4-carboxylic acid.
(h) N-formyl amphetamine.
(i) N-formyl methamphetamine.
(j) Phenyl-2-propanone.
(k) 1-piperidinocyclohexane carbonitrile.
(l) 1-pyrrolidinocyclohexane carbonitrile.
28. "Prescription-only drug" does not include a dangerous drug or narcotic drug but
means:
(a) Any drug which because of its toxicity or other potentiality for harmful
effect, or the method of its use, or the collateral measures necessary to its use, is not
generally recognized among experts, qualified by scientific training and experience to
evaluate its safety and efficacy, as safe for use except by or under the supervision of a
medical practitioner.
(b) Any drug that is limited by an approved new drug application under the federal
act or section 32-1962 to use under the supervision of a medical practitioner.
(c) Every potentially harmful drug, the labeling of which does not bear or contain
full and adequate directions for use by the consumer.
(d) Any drug required by the federal act to bear on its label the legend
"Caution: Federal law prohibits dispensing without prescription" or "RX only".
29. "Produce" means grow, plant, cultivate, harvest, dry, process or prepare for
sale.
30. "Regulated chemical" means the following substances in bulk form that are not a
useful part of an otherwise lawful product:
(a) Acetic anhydride.
(b) Hypophosphorous acid.
(c) Iodine.
(d) Sodium acetate.
(e) Red phosphorus.
(f) Gamma butyrolactone (GBL).
(g) 1, 4-butanediol.
(h) Butyrolactone.
(i) 1, 2 butanolide.
(j) 2-oxanalone.
(k) Tetrahydro-2-furanone.
(l) Dihydro-2(3H)-furanone.
(m) Tetramethylene glycol.
31. "Retailer" means either:
(a) A person other than a practitioner who sells any precursor chemical or
regulated chemical to another person for purposes of consumption and not resale, whether
or not the person possesses a permit issued pursuant to title 32, chapter 18.
(b) A person other than a manufacturer or wholesaler who purchases, receives or
acquires more than twenty-four grams of a precursor chemical.
32. "Sale" or "sell" means an exchange for anything of value or advantage, present
or prospective.
33. "Sale for personal use" means the retail sale for a legitimate medical use in a
single transaction to an individual customer, to an employer for dispensing to employees
from first aid kits or medicine chests or to a school for administration pursuant to
section 15-344.
34. "Scientific purpose" means research, teaching or chemical analysis.
35. "Suspicious transaction" means a transaction to which any of the following
applies:
(a) A report is required under the federal act.
(b) The circumstances would lead a reasonable person to believe that any person is
attempting to possess a precursor chemical or regulated chemical for the purpose of
unlawful manufacture of a dangerous drug or narcotic drug, based on such factors as the
amount involved, the method of payment, the method of delivery and any past dealings with
any participant.
(c) The transaction involves payment for precursor or regulated chemicals in cash
or money orders in a total amount of more than two hundred dollars.
(d) The transaction involves a sale, a transfer or furnishing to a retailer for
resale without a prescription of ephedrine, pseudoephedrine, (-)-norpseudoephedrine or
phenylpropanolamine that is not an ordinary ephedrine, pseudoephedrine,
(-)-norpseudoephedrine or phenylpropanolamine product.
36. "Threshold amount" means a weight, market value or other form of measurement of
an unlawful substance as follows:
(a) One gram of heroin.
(b) Nine grams of cocaine.
(c) Seven hundred fifty milligrams of cocaine base or hydrolyzed cocaine.
(d) Four grams or 50 milliliters of PCP.
(e) Nine grams of methamphetamine, including methamphetamine in liquid suspension.
(f) Nine grams of amphetamine, including amphetamine in liquid suspension.
(g) One-half milliliter of lysergic acid diethylamide, or in the case of blotter
dosage units fifty dosage units.
(h) Two pounds of marijuana.
(i) For any combination consisting solely of those unlawful substances listed in
subdivisions (a) through (h) of this paragraph, an amount equal to or in excess of the
threshold amount, as determined by the application of section 13-3420.
(j) For any unlawful substance not listed in subdivisions (a) through (h) of this
paragraph or any combination involving any unlawful substance not listed in subdivisions
(a) through (h) of this paragraph, a value of at least one thousand dollars.
37. "Transfer" means furnish, deliver or give away.
38. "Vapor-releasing substance containing a toxic substance" means paint or varnish
dispensed by the use of aerosol spray, or any glue, which releases vapors or fumes
containing acetone, volatile acetates, benzene, butyl alcohol, ethyl alcohol, ethylene
dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol,
petroleum ether, toluene, volatile ketones, isophorone, chloroform, methylene chloride,
mesityl oxide, xylene, cumene, ethylbenzene, trichloroethylene, mibk, miak, mek or
diacetone alcohol or isobutyl nitrite.
39. "Weight" unless otherwise specified includes the entire weight of any mixture or
substance that contains a detectable amount of an unlawful substance. If a mixture or
substance contains more than one unlawful substance, the weight of the entire mixture or
substance is assigned to the unlawful substance that results in the greater offense. If a
mixture or substance contains lysergic acid diethylamide, the offense that results from
the unlawful substance shall be based on the greater offense as determined by the entire
weight of the mixture or substance or the number of blotter dosage units. For the
purposes of this paragraph, "mixture" means any combination of substances from which the
unlawful substance cannot be removed without a chemical process.
40. "Wholesaler" means a person who in the usual course of business lawfully
supplies narcotic drugs, dangerous drugs, precursor chemicals or regulated chemicals that
he himself has not produced or prepared, but not to a person for the purpose of
consumption by the person, whether or not the wholesaler has a permit that is issued
pursuant to title 32, chapter 18. Wholesaler includes a person who sells, delivers or
dispenses a precursor chemical in an amount or under circumstances that would require
registration as a distributor of precursor chemicals under the federal act. 13-3402 Possession and sale of peyote; classification
A. A person who knowingly possesses, sells, transfers or offers to sell or transfer
peyote is guilty of a class 6 felony.
B. In a prosecution for violation of this section, it is a defense that the peyote
is being used or is intended for use:
1. In connection with the bona fide practice of a religious belief, and
2. As an integral part of a religious exercise, and
3. In a manner not dangerous to public health, safety or morals.
13-3403.01 Nitrous oxide containers; sale to minors; classification A. A person shall not knowingly sell, give or deliver to a person under eighteen years of age any container exclusively containing nitrous oxide, unless the person under eighteen years of age is delivering or accepting delivery in the person's capacity as an employee. B. A person who violates this section is guilty of a class 5 felony unless the court does either of the following: 1. Enters a judgment of conviction for a class 1 misdemeanor and makes disposition accordingly. 2. Places the person on probation in accordance with chapter 9 of this title and refrains from designating the offense as a felony or misdemeanor until the probation is terminated. The offense shall be treated as a felony for all purposes until such time as the court may actually enter an order designating the offense as a misdemeanor. 13-3403.02 Selling or giving nitrous oxide to underage person; illegally obtaining nitrous oxide containers by underage person; classification; definition A. AN OPERATOR OR EMPLOYEE OF A COMMERCIAL ESTABLISHMENT WHO QUESTIONS OR HAS REASON TO QUESTION WHETHER OR NOT A PERSON ORDERING, PURCHASING, ATTEMPTING TO PURCHASE OR OTHERWISE PROCURING OR ATTEMPTING TO PROCURE THE SERVING OR DELIVERY OF A NITROUS OXIDE CONTAINER IS UNDER EIGHTEEN YEARS OF AGE SHALL REQUIRE THE PERSON TO EXHIBIT A WRITTEN INSTRUMENT OF IDENTIFICATION AND MAY REQUIRE THE PERSON TO SIGN THE PERSON'S NAME, THE DATE, AND THE NUMBER OF THE IDENTIFICATION ON A CARD TO BE RETAINED BY THE OPERATOR, OR MAY REQUIRE THE PERSON TO SIGN THE PERSON'S NAME AND THE DATE ON A PHOTOCOPY OF THE INSTRUMENT OF IDENTIFICATION TO BE RETAINED BY THE OPERATOR. THE FOLLOWING WRITTEN INSTRUMENTS ARE THE ONLY ACCEPTABLE TYPES OF IDENTIFICATION: 1. AN UNEXPIRED DRIVER LICENSE ISSUED BY ANY STATE OR BY CANADA, PROVIDED THE LICENSE INCLUDES A PICTURE OF THE LICENSEE. 2. A NONOPERATING IDENTIFICATION LICENSE ISSUED PURSUANT TO SECTION 28-3165. 3. AN ARMED FORCES IDENTIFICATION CARD. 4. A VALID PASSPORT OR BORDER CROSSING IDENTIFICATION CARD THAT IS ISSUED BY A GOVERNMENT. 5. A VOTER CARD ISSUED BY THE GOVERNMENT OF MEXICO AND THAT CONTAINS A PHOTOGRAPH AND THE DATE OF BIRTH OF THE PERSON. B. AN OPERATOR OR EMPLOYEE OF A COMMERCIAL ESTABLISHMENT WHO SELLS, GIVES, SERVES OR FURNISHES A NITROUS OXIDE CONTAINER TO A PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE WITHOUT HAVING RECORDED AND RETAINED A RECORD OF THE PERSON'S AGE OR A DATED AND SIGNED PHOTOCOPY OF THE INSTRUMENT OF IDENTIFICATION EXHIBITED AS PRESCRIBED BY SUBSECTION A OF THIS SECTION IS DEEMED TO HAVE CONSTRUCTIVE KNOWLEDGE OF THE PERSON'S AGE. C. A PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE AND WHO MISREPRESENTS THE PERSON'S AGE TO ANY PERSON BY MEANS OF A WRITTEN INSTRUMENT OF IDENTIFICATION WITH THE INTENT TO INDUCE A PERSON TO SELL, SERVE, GIVE OR FURNISH A NITROUS OXIDE CONTAINER CONTRARY TO SECTION 13-3403.01 IS GUILTY OF A CLASS 1 MISDEMEANOR. D. A PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE AND WHO SOLICITS ANOTHER PERSON TO PURCHASE, SELL, GIVE, SERVE OR FURNISH A NITROUS OXIDE CONTAINER CONTRARY TO LAW IS GUILTY OF A CLASS 3 MISDEMEANOR. E. A PERSON WHO DOES NOT HAVE A VALID DRIVER OR NONOPERATING IDENTIFICATION LICENSE AND WHO USES A DRIVER OR NONOPERATING IDENTIFICATION LICENSE OF ANOTHER IN VIOLATION OF SUBSECTION C OF THIS SECTION SHALL HAVE THAT PERSON'S RIGHT TO APPLY FOR A DRIVER OR NONOPERATING IDENTIFICATION LICENSE SUSPENDED AS PROVIDED BY SECTION 28-3309, SUBSECTION B. A PERSON WHO USES A DRIVER OR NONOPERATING IDENTIFICATION LICENSE IN VIOLATION OF SUBSECTION C OF THIS SECTION IS SUBJECT TO SUSPENSION OF THE DRIVER OR NONOPERATING IDENTIFICATION LICENSE AS PROVIDED IN SECTION 28-3309, SUBSECTION C. F. A PERSON WHO KNOWINGLY INFLUENCES THE SELLING, GIVING OR SERVING OF A NITROUS OXIDE CONTAINER TO A PERSON UNDER EIGHTEEN YEARS OF AGE BY MISREPRESENTING THE AGE OF THE PERSON OR WHO ORDERS, REQUESTS, RECEIVES OR PROCURES A NITROUS OXIDE CONTAINER FROM AN OPERATOR OR EMPLOYEE OF A COMMERCIAL ESTABLISHMENT WITH THE INTENT OF SELLING, GIVING OR SERVING IT TO A PERSON UNDER EIGHTEEN YEARS OF AGE IS GUILTY OF A CLASS 1 MISDEMEANOR. G. FOR PURPOSES OF THIS SECTION, "NITROUS OXIDE CONTAINER" MEANS ANY CONTAINER OR CANISTER EXCLUSIVELY CONTAINING NITROUS OXIDE. 13-3403 Possession and sale of a vapor-releasing substance containing a toxic substance; regulation of sale; exceptions; classification
A. A person shall not knowingly:
1. Breathe, inhale or drink a vapor-releasing substance containing a toxic
substance.
2. Sell, transfer or offer to sell or transfer a vapor-releasing substance
containing a toxic substance to a person under eighteen years of age.
3. Sell, transfer or offer to sell or transfer a vapor-releasing substance
containing a toxic substance if such person is not, at the time of sale, transfer or
offer, employed by or engaged in operating a licensed commercial establishment at a fixed
location regularly offering such substance for sale and such sale, transfer or offer is
made in the course of employment or operation.
B. A person making a sale or transfer of a vapor-releasing glue containing a toxic
substance shall require identification of the purchaser and shall record:
1. The name of the glue.
2. The date and hour of delivery.
3. The intended use of the glue.
4. The signature and address of the purchaser.
5. The signature of the seller or deliverer.
Such record shall be kept for three years and be available to board inspectors and peace
officers.
C. The operator of a commercial establishment shall keep all vapor-releasing glue
containing a toxic substance in a place that is unavailable to customers without the
assistance of the operator or an employee of the establishment.
D. The operator of a commercial establishment selling vapor-releasing paints and
varnishes containing a toxic substance dispensed by the use of any aerosol spray device
shall conspicuously display an easily legible sign of not less than eleven by fourteen
inches which states: "Warning: inhalation of vapors can be dangerous".
E. This section is not applicable to the transfer of a vapor-releasing substance
containing a toxic substance from a parent or guardian to his child or ward, or the sale
or transfer made for manufacturing or industrial purposes.
F. Subsection A, paragraphs 2 and 3 and subsections B and C do not apply to
substances certified by the department of health services as containing an additive which
inhibits inhalation or induces sneezing.
G. A person who violates any provision of this section is guilty of a class 5
felony, but the court may, having regard to the nature and circumstances of the offense,
enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly
or may place the defendant on probation in accordance with chapter 9 of this title and
refrain from designating the offense as a felony or misdemeanor until the probation is
terminated. The offense shall be treated as a felony for all purposes until such time as
the court may actually enter an order designating the offense a misdemeanor.
13-3404.01 Possession or sale of precursor chemicals, regulated chemicals, substances or equipment; exceptions; classification
A. A person shall not do any of the following:
1. Knowingly possess a precursor chemical II.
2. Knowingly possess more than twenty-four grams of pseudoephedrine,
(-)-norpseudoephedrine or phenylpropanolamine without a license or permit issued pursuant
to title 32, chapter 18.
3. Knowingly purchase more than three packages, not to exceed nine grams of
pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine without a valid
prescription order as defined in section 32-1901 or a license or permit issued pursuant
to title 32, chapter 18.
4. Knowingly possess any ephedrine that is uncombined or that is the sole active
ingredient of a product or more than twenty-four grams of ephedrine that is combined with
another active ingredient in any ephedrine product without a license or permit issued
pursuant to title 32, chapter 18.
5. Knowingly purchase any ephedrine that is uncombined or is the sole active
ingredient of a product or more than three packages, not to exceed nine grams of
ephedrine that is combined with another active ingredient in any ephedrine product
without a license or permit issued pursuant to title 32, chapter 18.
6. Sell, transfer or otherwise furnish any precursor chemical, regulated chemical
or other substance or equipment with knowledge that the recipient will use the precursor
chemical, regulated chemical, substance or equipment to unlawfully manufacture a
dangerous drug or narcotic drug.
7. As a manufacturer, wholesaler or retailer, knowingly possess any precursor
chemical or regulated chemical from which the label, the national drug control number or
the manufacturer's lot number has been removed, altered or obliterated, except that a
licensed manufacturer may relabel products as permitted under the federal act.
8. Knowingly sell, transfer or otherwise furnish more than nine grams of any
precursor chemical without a license or permit issued pursuant to title 32, chapter 18.
9. Sell, transfer or furnish ephedrine, pseudoephedrine, (-)-norpseudoephedrine or
phenylpropanolamine in a total amount of more than nine grams in a single transaction in
this state unless the recipient possesses a valid and current permit issued by the board
pursuant to title 32, chapter 18.
10. Sell, transfer or otherwise furnish a precursor chemical in violation of any
rule of the board or the department of public safety.
11. As a wholesaler or retailer, purchase or otherwise acquire or receive a
precursor chemical from any person who does not possess a valid and current permit issued
pursuant to title 32, chapter 18.
12. Knowingly participate in any transaction or series of transactions that is
structured by any person with the intent to avoid or circumvent the prohibitions or
limits on sales established by this section.
B. A retailer shall not knowingly sell, transfer or otherwise furnish a precursor
chemical unless:
1. The transaction occurs in the normal course of business at premises that are
permitted pursuant to title 32, chapter 18.
2. The retailer has a valid and current permit that is issued pursuant to title 32,
chapter 18 and that is prominently displayed at the premises where the transaction
occurs.
C. A retailer shall not sell more than a total of three packages, not to exceed
nine grams of ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine
in a single transaction unless the person has a valid prescription order as defined in
section 32-1901.
D. A wholesaler shall not sell, transfer or otherwise furnish a precursor chemical
to any person unless:
1. The wholesaler has a valid and current permit issued pursuant to title 32,
chapter 18.
2. The recipient has a permit issued pursuant to title 32, chapter 18, is a
pharmacy or is a practitioner.
3. The transaction does not involve payment in cash or money orders in an amount of
more than one thousand dollars.
E. A manufacturer shall not sell, transfer or otherwise furnish a precursor
chemical to any person unless:
1. The recipient is licensed or has a permit issued pursuant to title 32, chapter
18, is a pharmacy or is a practitioner.
2. The transaction does not involve payment in cash or money orders in an amount of
more than one thousand dollars.
F. This section does not apply to any of the following:
1. The transfer by a licensee or permittee to a reclamation facility for
destruction.
2. The movement from one facility of a licensee or permittee to another facility of
the same licensee or permittee without sale.
G. Notwithstanding any other law, a county, city or town shall not enact an
ordinance that is more restrictive than the requirements of this section.
H. A violation of subsection A, paragraph 1 or 6 is a class 2 felony. A violation
of subsection A, paragraph 2, 3, 4, 5, 7, 9, 11 or 12 is a class 5 felony. A violation of
subsection A, paragraph 8 or 10 is a class 6 felony. A violation of subsection B, D or E
is a class 5 felony. A violation of subsection C is a class 5 felony, except that if the
violation involves less than a total of fifty grams of ephedrine, pseudoephedrine,
(-)-norpseudoephedrine or phenylpropanolamine, the first violation is a class 2
misdemeanor and the second violation is a class 1 misdemeanor. An enterprise is not
criminally accountable for a violation of subsection C unless the conduct constituting
the offense is engaged in, authorized, commanded or recklessly tolerated by the directors
of the enterprise in any manner or by a high managerial agent acting within the scope of
employment.
13-3404 Sale of precursor or regulated chemicals; report; exemptions; violation; classification
A. A manufacturer, wholesaler, retailer or other person who sells, transfers or
otherwise furnishes any precursor chemical or regulated chemical to any person in this
state shall submit a report to the department of public safety of all of those
transactions.
B. The department of public safety shall provide a common reporting form which
contains at least the following information:
1. The name of the substance.
2. The proprietary name of the product, if any.
3. The quantity of the substance sold, transferred or furnished.
4. The date the substance is to be sold, transferred or furnished.
5. The name and address of the person buying or receiving the substance.
6. The name and address of the manufacturer, wholesaler, retailer or other person
selling, transferring or furnishing the substance.
C. A manufacturer, wholesaler, retailer or other person who sells, transfers or
otherwise furnishes a precursor chemical or regulated chemical to a person in this state,
not less than twenty-one days before delivery of the substance, shall submit a report of
the transaction to the department of public safety, except that the department of public
safety may authorize the submission of the reports on a monthly basis with respect to
repeated, regular transactions between the furnisher and the recipient involving the same
substance if the department of public safety determines that both of the following exist:
1. A pattern of regular supply of the substance exists between the manufacturer,
wholesaler, retailer or other person who sells, transfers or otherwise furnishes such
substance and the recipient of the substance.
2. The recipient has established a record of utilization of the substance for
lawful purposes.
D. A manufacturer, wholesaler, retailer or other person who receives from a source
outside of this state any precursor chemical or regulated chemical shall submit a report
of such transaction to the department of public safety in accordance with rules adopted
by that department.
E. Subsections A, B, C and D do not apply to any of the following:
1. The sale, transfer or furnishing of ordinary ephedrine, pseudoephedrine,
(-)-norpseudoephedrine or phenylpropanolamine products.
2. The sale for personal use of ephedrine, pseudoephedrine, (-)-norpseudoephedrine
or phenylpropanolamine products totaling four packages or less.
3. The sale, transfer or furnishing of a precursor chemical or regulated chemical
by a wholesaler or manufacturer if both parties to the transaction possess a valid and
current permit issued pursuant to title 32, chapter 18 and a valid and current precursor
list I chemical distributor registration or controlled substance distributor registration
issued pursuant to the federal act.
F. Any manufacturer, wholesaler, retailer or other person who sells, transfers or
otherwise furnishes any precursor chemical or regulated chemical to any person in this
state in a suspicious transaction shall report the transaction in writing to the
department of public safety.
G. A person who is regulated by the provisions of this chapter and who discovers
the theft, disappearance or other loss of any precursor chemical II or regulated chemical
or the excessive or unusual loss of any precursor chemical I shall report the theft or
loss in writing to the department of public safety within three days after such
discovery. Any difference between the quantity of any precursor chemical II or regulated
chemical received and the quantity shipped and any excessive or unusual loss of any
precursor chemical I shipped shall be reported in writing to the department of public
safety within three days of actual knowledge of the discrepancy. A report made pursuant
to this subsection shall also include the name of the common carrier or person who
transports the substance and the date of shipment of the substance.
H. Any manufacturer, wholesaler, retailer or other person who sells, transfers or
otherwise furnishes any precursor chemical or regulated chemical to any person in this
state shall maintain records as described in subsection B relating to all such
transactions for not less than two years, except that this requirement does not apply to
sales for personal use of ordinary ephedrine, pseudoephedrine, (-)-norpseudoephedrine or
phenylpropanolamine products by a permitted retailer. These records shall be open for
inspection and copying by peace officers in the performance of their duties. A peace
officer shall not divulge pricing information obtained pursuant to this subsection except
in connection with a prosecution, investigation, judicial proceeding or administrative
proceeding or in response to a judicial order.
I. This section does not apply to any of the following transactions:
1. The sale, transfer or furnishing to or by any practitioner or any pharmacist
acting pursuant to a prescription.
2. The sale, transfer or furnishing to or by a hospital, long-term health care
provider or managed health care provider or any other licensed or permitted health care
provider that administers or dispenses precursor chemical I medication under the
supervision of a practitioner.
3. The sale, transfer or furnishing of iodine either:
(a) In an amount of two ounces or less by weight.
(b) To a licensed or permitted wholesaler, health care facility, pharmacy or
practitioner.
(c) As a tincture of iodine or topical solution of iodine.
4. The sale, transfer or furnishing of red phosphorous in an amount of less than
four ounces.
5. The movement from one facility of a licensee or permittee to another facility of
the same licensee or permittee without sale.
6. The sale, transfer or furnishing of dietary supplements if all of the following
apply:
(a) The dietary supplements are not otherwise prohibited by law.
(b) The dietary supplements contain naturally occurring ephedrine, ephedrine
alkaloids or pseudoephedrine, or their salts, isomers or salts of isomers, or a
combination of these substances that both:
(i) Are contained in the matrix of organic material in which they naturally occur.
(ii) Do not exceed five per cent of the total weight of the natural product.
(c) The dietary supplements are manufactured and distributed for legitimate use in
a manner that reduces or eliminates the likelihood of abuse.
(d) The dietary supplements are labeled in compliance with the dietary supplement
health and education act of 1994 (21 United States Code section 321).
J. The department of public safety shall grant an exemption from the reporting
requirements under subsection C to any person who supplies a precursor chemical or
regulated chemical if the person can demonstrate to the department's satisfaction that
the recipient requires the substance for a lawful purpose and that special circumstances
prevent the supplier from reporting the transaction to the department twenty-one days or
more before delivery.
K. The director of the department of public safety may adopt rules to carry out the
provisions of this section which are not inconsistent with the statutes of this state.
L. A permitted manufacturer, wholesaler or retailer who sells, transfers or
otherwise furnishes any precursor chemical or regulated chemical to any person in this
state may satisfy the reporting or record keeping requirements of this section by
submitting to the department of public safety either:
1. Computer readable data from which all of the required information may be
derived.
2. Copies of reports that are filed pursuant to federal law and that contain all of
the information required by this section.
M. This chapter does not preclude any person, including a licensee, permittee,
manufacturer, wholesaler or retailer, from instituting contact with and disclosing
transactions or transaction records to appropriate federal, state or local law
enforcement agencies if the person has information that may be relevant to a possible
violation of any criminal statute or to the evasion or attempted evasion of any reporting
or record keeping requirement of this chapter.
N. Any person, including a licensee, permittee, manufacturer, wholesaler or
retailer or any officer, employee or agent of any licensee, permittee, manufacturer,
wholesaler or retailer, that keeps or files a record as prescribed by this section or
that communicates or discloses information or records under this section is not liable to
its customer, a state or local agency or any person for any loss or damage caused in
whole or in part by the making, filing or governmental use of the report or any
information contained in that report.
O. Notwithstanding any other law, a county, city or town shall not enact an
ordinance that is more restrictive than the requirements of this section.
P. It is unlawful for a person to knowingly:
1. Fail to submit a report that is required by this section.
2. Fail to maintain a record that is required by this section.
3. Furnish false information or omit any material information in any report or
record that is required by this section.
4. Cause another person to furnish false information or to omit any material
information in any report or record that is required by this section.
5. Participate in any wholesale or retail transaction or series of transactions
that is structured by a person with the intent to avoid the filing by any party to the
transaction of any report that is required by this section.
Q. A person who violates subsection P, paragraph 3, 4 or 5 is guilty of a class 5
felony. A person who violates subsection P, paragraph 1 or 2 is guilty of a class 6
felony.
13-3405 Possession, use, production, sale or transportation of marijuana; classification
A. A person shall not knowingly:
1. Possess or use marijuana.
2. Possess marijuana for sale.
3. Produce marijuana.
4. Transport for sale, import into this state or offer to transport for sale or
import into this state, sell, transfer or offer to sell or transfer marijuana.
B. A person who violates:
1. Subsection A, paragraph 1 of this section involving an amount of marijuana not
possessed for sale having a weight of less than two pounds is guilty of a class 6 felony.
2. Subsection A, paragraph 1 of this section involving an amount of marijuana not
possessed for sale having a weight of at least two pounds but less than four pounds is
guilty of a class 5 felony.
3. Subsection A, paragraph 1 of this section involving an amount of marijuana not
possessed for sale having a weight of four pounds or more is guilty of a class 4 felony.
4. Subsection A, paragraph 2 of this section involving an amount of marijuana
having a weight of less than two pounds is guilty of a class 4 felony.
5. Subsection A, paragraph 2 of this section involving an amount of marijuana
having a weight of at least two pounds but not more than four pounds is guilty of a class
3 felony.
6. Subsection A, paragraph 2 of this section involving an amount of marijuana
having a weight of more than four pounds is guilty of a class 2 felony.
7. Subsection A, paragraph 3 of this section involving an amount of marijuana
having a weight of less than two pounds is guilty of a class 5 felony.
8. Subsection A, paragraph 3 of this section involving an amount of marijuana
having a weight of at least two pounds but not more than four pounds is guilty of a class
4 felony.
9. Subsection A, paragraph 3 of this section involving an amount of marijuana
having a weight of four pounds or more is guilty of a class 3 felony.
10. Subsection A, paragraph 4 of this section involving an amount of marijuana
having a weight of less than two pounds is guilty of a class 3 felony.
11. Subsection A, paragraph 4 of this section involving an amount of marijuana
having a weight of two pounds or more is guilty of a class 2 felony.
C. If the aggregate amount of marijuana involved in one offense or all of the
offenses that are consolidated for trial equals or exceeds the statutory threshold
amount, a person who is sentenced pursuant to subsection B, paragraph 5, 6, 8, 9 or 11 of
this section is not eligible for suspension of sentence, probation, pardon or release
from confinement on any basis until the person has served the sentence imposed by the
court, the person is eligible for release pursuant to section 41-1604.07 or the sentence
is commuted.
D. In addition to any other penalty prescribed by this title, the court shall order
a person who is convicted of a violation of any provision of this section to pay a fine
of not less than seven hundred fifty dollars or three times the value as determined by
the court of the marijuana involved in or giving rise to the charge, whichever is
greater, and not more than the maximum authorized by chapter 8 of this title. A judge
shall not suspend any part or all of the imposition of any fine required by this
subsection.
E. A person who is convicted of a felony violation of any provision of this section
for which probation or release before the expiration of the sentence imposed by the court
is authorized is prohibited from using any marijuana, dangerous drug or narcotic drug
except as lawfully administered by a practitioner and as a condition of any probation or
release shall be required to submit to drug testing administered under the supervision of
the probation department of the county or the state department of corrections as
appropriate during the duration of the term of probation or before the expiration of the
sentence imposed.
F. If the aggregate amount of marijuana involved in one offense or all of the
offenses that are consolidated for trial is less than the statutory threshold amount, a
person who is sentenced pursuant to subsection B, paragraph 4, 7 or 10 and who is granted
probation by the court shall be ordered by the court that as a condition of probation the
person perform not less than two hundred forty hours of community restitution with an
agency or organization providing counseling, rehabilitation or treatment for alcohol or
drug abuse, an agency or organization that provides medical treatment to persons who
abuse controlled substances, an agency or organization that serves persons who are
victims of crime or any other appropriate agency or organization.
G. If a person who is sentenced pursuant to subsection B, paragraph 1, 2 or 3 of
this section is granted probation for a felony violation of this section, the court shall
order that as a condition of probation the person perform not less than twenty-four hours
of community restitution with an agency or organization providing counseling,
rehabilitation or treatment for alcohol or drug abuse, an agency or organization that
provides medical treatment to persons who abuse controlled substances, an agency or
organization that serves persons who are victims of crimes or any other appropriate
agency or organization.
H. If a person is granted probation for a misdemeanor violation of this section,
the court shall order as a condition of probation that the person attend eight hours of
instruction on the nature and harmful effects of narcotic drugs, marijuana and other
dangerous drugs on the human system, and on the laws related to the control of these
substances, or perform twenty-four hours of community restitution. 13-3406 Possession, use, administration, acquisition, sale, manufacture or transportation of prescription-only drugs; classification
A. A person shall not knowingly:
1. Possess or use a prescription-only drug unless the person obtains the
prescription-only drug pursuant to a valid prescription of a prescriber who is licensed
pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 21, 25 or 29 or is similarly
licensed in another state.
2. Unless the person holds a license or a permit issued pursuant to title 32,
chapter 7, 11, 13, 14, 15, 16, 17, 18, 21, 25 or 29, possess a prescription-only drug for
sale.
3. Unless the person holds a license or a permit issued pursuant to title 32,
chapter 7, 11, 13, 14, 15, 16, 17, 18, 21, 25 or 29, possess equipment and chemicals for
the purpose of manufacturing a prescription-only drug.
4. Unless the person holds a license or a permit issued pursuant to title 32,
chapter 18, manufacture a prescription-only drug.
5. Administer a prescription-only drug to another person whose possession or use of
the prescription-only drug violates any provision of this section.
6. Obtain or procure the administration of a prescription-only drug by fraud,
deceit, misrepresentation or subterfuge.
7. Unless the person is authorized, transport for sale, import into this state or
offer to transport for sale or import into this state, sell, transfer or offer to sell or
transfer a prescription-only drug.
B. A person who violates:
1. Subsection A, paragraph 1, 3, 4, 5 or 6 is guilty of a class 1 misdemeanor.
2. Subsection A, paragraph 2 or 7 is guilty of a class 6 felony.
C. In addition to any other penalty prescribed by this title, the court shall order
a person who is convicted of a violation of any provision of this section to pay a fine
of one thousand dollars. A judge shall not suspend any part or all of the imposition of
any fine required by this subsection.
D. A person who is convicted of a felony violation of a provision of this section
for which probation or release before the expiration of the sentence imposed by the court
is authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or
prescription-only drug except as lawfully administered by a practitioner and as a
condition of any probation or release shall be required to submit to drug testing
administered under the supervision of the probation department of the county or the state
department of corrections, as appropriate, during the duration of the term of probation
or before the expiration of the sentence imposed.
E. If a person who is convicted of a violation of a provision of subsection A,
paragraph 2 or 7 is granted probation, the court shall order that as a condition of
probation the person perform not less than two hundred forty hours of community
restitution with an agency or organization providing counseling, rehabilitation or
treatment for alcohol or drug abuse, an agency or organization that provides medical
treatment to persons who abuse controlled substances, an agency or organization that
serves persons who are victims of crime or any other appropriate agency or organization. 13-3407.01 Manufacturing methamphetamine under circumstances that cause physical injury to a minor; classification
A. A person shall not knowingly manufacture methamphetamine under any circumstance
that causes physical injury to a minor who is under fifteen years of age.
B. A person who violates this section is guilty of a class 2 felony and is
punishable as provided by section 13-604.01. 13-3407 Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification
A. A person shall not knowingly:
1. Possess or use a dangerous drug.
2. Possess a dangerous drug for sale.
3. Possess equipment or chemicals, or both, for the purpose of manufacturing a
dangerous drug.
4. Manufacture a dangerous drug.
5. Administer a dangerous drug to another person.
6. Obtain or procure the administration of a dangerous drug by fraud, deceit,
misrepresentation or subterfuge.
7. Transport for sale, import into this state or offer to transport for sale or
import into this state, sell, transfer or offer to sell or transfer a dangerous drug.
B. A person who violates:
1. Subsection A, paragraph 1 of this section is guilty of a class 4 felony. Unless
the drug involved is lysergic acid diethylamide, methamphetamine, amphetamine or
phencyclidine or the person was previously convicted of a felony offense or a violation
of this section or section 13-3408, the court on motion of the state, considering the
nature and circumstances of the offense, for a person not previously convicted of any
felony offense or a violation of this section or section 13-3408 may enter judgment of
conviction for a class 1 misdemeanor and make disposition accordingly or may place the
defendant on probation in accordance with chapter 9 of this title and refrain from
designating the offense as a felony or misdemeanor until the probation is successfully
terminated. The offense shall be treated as a felony for all purposes until the court
enters an order designating the offense a misdemeanor.
2. Subsection A, paragraph 2 of this section is guilty of a class 2 felony.
3. Subsection A, paragraph 3 of this section is guilty of a class 3 felony, except
that if the offense involved methamphetamine, the person is guilty of a class 2 felony.
4. Subsection A, paragraph 4 of this section is guilty of a class 2 felony.
5. Subsection A, paragraph 5 of this section is guilty of a class 2 felony.
6. Subsection A, paragraph 6 of this section is guilty of a class 3 felony.
7. Subsection A, paragraph 7 of this section is guilty of a class 2 felony.
C. Except as provided in subsection E of this section, a person who is convicted of
a violation of subsection A, paragraph 1, 3 or 6 and who has not previously been
convicted of any felony or who has not been sentenced pursuant to section 13-604 or any
other law making the convicted person ineligible for probation is eligible for probation.
D. Except as provided in subsection E of this section, if the aggregate amount of
dangerous drugs involved in one offense or all of the offenses that are consolidated for
trial equals or exceeds the statutory threshold amount, a person who is convicted of a
violation of subsection A, paragraph 2, 5 or 7 of this section is not eligible for
suspension of sentence, probation, pardon or release from confinement on any basis until
the person has served the sentence imposed by the court, the person is eligible for
release pursuant to section 41-1604.07 or the sentence is commuted.
E. If the person is convicted of a violation of subsection A, paragraph 2, 3, 4 or
7 of this section and the drug involved is methamphetamine, the person shall be sentenced
pursuant to section 13-712.
F. A person who is convicted of a violation of subsection A, paragraph 4 of this
section or subsection A, paragraph 2, 3 or 7 of this section involving methamphetamine is
not eligible for suspension of sentence, probation, pardon or release from confinement on
any basis until the person has served the sentence imposed by the court, the person is
eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
G. If a person is convicted of a violation of subsection A, paragraph 5 of this
section, if the drug is administered without the other person's consent, if the other
person is under eighteen years of age and if the drug is flunitrazepam, gamma hydroxy
butrate or ketamine hydrochloride, the convicted person is not eligible for suspension of
sentence, probation, pardon or release from confinement on any basis until the person has
served the sentence imposed by the court, the person is eligible for release pursuant to
section 41-1604.07 or the sentence is commuted.
H. In addition to any other penalty prescribed by this title, the court shall order
a person who is convicted of a violation of any provision of this section to pay a fine
of not less than one thousand dollars or three times the value as determined by the court
of the dangerous drugs involved in or giving rise to the charge, whichever is greater,
and not more than the maximum authorized by chapter 8 of this title. A judge shall not
suspend any part or all of the imposition of any fine required by this subsection.
I. A person who is convicted of a violation of a provision of this section for
which probation or release before the expiration of the sentence imposed by the court is
authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or
prescription-only drug except as lawfully administered by a health care practitioner and
as a condition of any probation or release shall be required to submit to drug testing
administered under the supervision of the probation department of the county or the state
department of corrections, as appropriate, during the duration of the term of probation
or before the expiration of the sentence imposed.
J. If a person who is convicted of a violation of a provision of this section is
granted probation, the court shall order that as a condition of probation the person
perform not less than three hundred sixty hours of community restitution with an agency
or organization providing counseling, rehabilitation or treatment for alcohol or drug
abuse, an agency or organization that provides medical treatment to persons who abuse
controlled substances, an agency or organization that serves persons who are victims of
crime or any other appropriate agency or organization.
13-3408 Possession, use, administration, acquisition, sale, manufacture or transportation of narcotic drugs; classification
A. A person shall not knowingly:
1. Possess or use a narcotic drug.
2. Possess a narcotic drug for sale.
3. Possess equipment or chemicals, or both, for the purpose of manufacturing a
narcotic drug.
4. Manufacture a narcotic drug.
5. Administer a narcotic drug to another person.
6. Obtain or procure the administration of a narcotic drug by fraud, deceit,
misrepresentation or subterfuge.
7. Transport for sale, import into this state, offer to transport for sale or
import into this state, sell, transfer or offer to sell or transfer a narcotic drug.
B. A person who violates:
1. Subsection A, paragraph 1 of this section is guilty of a class 4 felony.
2. Subsection A, paragraph 2 of this section is guilty of a class 2 felony.
3. Subsection A, paragraph 3 of this section is guilty of a class 3 felony.
4. Subsection A, paragraph 4 of this section is guilty of a class 2 felony.
5. Subsection A, paragraph 5 of this section is guilty of a class 2 felony.
6. Subsection A, paragraph 6 of this section is guilty of a class 3 felony.
7. Subsection A, paragraph 7 of this section is guilty of a class 2 felony.
C. A person who is convicted of a violation of subsection A, paragraph 1, 3 or 6 of
this section and who has not previously been convicted of any felony or who has not been
sentenced pursuant to section 13-604 or any other provision of law making the convicted
person ineligible for probation is eligible for probation.
D. If the aggregate amount of narcotic drugs involved in one offense or all of the
offenses that are consolidated for trial equals or exceeds the statutory threshold
amount, a person who is convicted of a violation of subsection A, paragraph 2, 5 or 7 of
this section is not eligible for suspension of sentence, probation, pardon or release
from confinement on any basis until the person has served the sentence imposed by the
court, the person is eligible for release pursuant to section 41-1604.07 or the sentence
is commuted.
E. A person who is convicted of a violation of subsection A, paragraph 4 of this
section is not eligible for suspension of sentence, probation, pardon or release from
confinement on any basis until the person has served the sentence imposed by the court,
the person is eligible for release pursuant to section 41-1604.07 or the sentence is
commuted.
F. In addition to any other penalty prescribed by this title, the court shall order
a person who is convicted of a violation of any provision of this section to pay a fine
of not less than two thousand dollars or three times the value as determined by the court
of the narcotic drugs involved in or giving rise to the charge, whichever is greater, and
not more than the maximum authorized by chapter 8 of this title. A judge shall not
suspend any part or all of the imposition of any fine required by this subsection.
G. A person who is convicted of a violation of a provision of this section for
which probation or release before the expiration of the sentence imposed by the court is
authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or
prescription-only drug except as lawfully administered by a health care practitioner and
as a condition of any probation or release shall be required to submit to drug testing
administered under the supervision of the probation department of the county or the state
department of corrections, as appropriate, during the duration of the term of probation
or before the expiration of the sentence imposed.
H. If a person who is convicted of a violation of this section is granted
probation, the court shall order that as a condition of probation the person perform not
less than three hundred sixty hours of community restitution with an agency or
organization that provides counseling, rehabilitation or treatment for alcohol or drug
abuse, an agency or organization that provides medical treatment to persons who abuse
controlled substances, an agency or organization that serves persons who are victims of
crime or any other appropriate agency or organization. 13-3409 Involving or using minors in drug offenses; classification
A. A person shall not knowingly:
1. Hire, employ or use a minor to engage in any conduct, completed or preparatory,
which is prohibited by sections 13-3404, 13-3404.01 and 13-3405 through 13-3408.
2. Sell, transfer or offer to sell or transfer to a minor any substance if its
possession is prohibited by sections 13-3404, 13-3404.01, 13-3405, 13-3407 and 13-3408.
B. A person who violates a provision of this section is guilty of a class 2 felony
and is not eligible for suspension of sentence, probation, pardon or release from
confinement on any basis until the sentence imposed by the court has been served or
commuted, and if the minor is under fifteen years of age it is punishable pursuant to
section 13-604.01, subsection C.
C. In addition to any other penalty prescribed by this title, the court shall order
a person who is convicted of a violation of this section to pay a fine of not less than
two thousand dollars or three times the value as determined by the court of the substance
involved in or giving rise to the charge, whichever is greater, and not more than the
maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all
of the imposition of any fine required by this subsection.
13-3410 Serious drug offender; sentencing; definitions
A. A person who is at least eighteen years of age or who has been tried as an adult
and who stands convicted of a serious drug offense and who committed the offense as part
of a pattern of engaging in conduct prohibited by this chapter, which constituted a
significant source of the person's income, shall be sentenced to life imprisonment
and is not eligible for suspension of sentence, probation, pardon or release from
confinement on any basis until the person has served not less than twenty-five years or
the sentence is commuted.
B. A person who is at least eighteen years of age or who has been tried as an adult
and who stands convicted of a serious drug offense and who committed the offense as part
of the person's association with and participation in the conduct of an enterprise as
defined in section 13-2301, subsection D, paragraph 2, which is engaged in dealing in
substances controlled by this chapter, and who organized, managed, directed, supervised
or financed the enterprise with the intent to promote or further its criminal objectives
shall be sentenced to life imprisonment and is not eligible for suspension of sentence,
probation, pardon or release from confinement on any basis until the person has served
not less than twenty-five years or the sentence is commuted.
C. A person commits an offense as part of a pattern of engaging in conduct
prohibited by this chapter if the person's conduct involves at least three criminal acts
that have the same or similar purposes, results, participants, victims or methods of
commission, or otherwise are interrelated by distinguishing characteristics and are not
isolated events.
D. For the purposes of this section:
1. "Serious drug offense" means any violation of the provisions of section
13-3404.01, section 13-3405, subsection A, paragraphs 2 through 4, section 13-3407,
subsection A, paragraphs 2 through 7 or section 13-3408, subsection A, paragraphs 2
through 7 involving an amount of marijuana, dangerous drugs or narcotic drugs having a
weight that equals or exceeds the statutory threshold amount, a felony violation of
section 13-3406 or any violation of section 13-3409.
2. "Significant source of income" means a source of income which exceeds
twenty-five thousand dollars received during a calendar year without reference to any
exceptions, reductions or setoffs.
13-3411 Possession, use, sale or transfer of marijuana, peyote, prescription drugs, dangerous drugs or narcotic drugs or manufacture of dangerous drugs in a drug free school zone; violation; classification; definitions
A. It is unlawful for a person to do any of the following:
1. Intentionally be present in a drug free school zone to sell or transfer
marijuana, peyote, prescription-only drugs, dangerous drugs or narcotic drugs.
2. Possess or use marijuana, peyote, dangerous drugs or narcotic drugs in a drug
free school zone.
3. Manufacture dangerous drugs in a drug free school zone.
B. A person who violates subsection A of this section is guilty of the same class
of felony that the person would otherwise be guilty of had the violation not occurred
within a drug free school zone, but the minimum, maximum and presumptive sentence for
that violation shall be increased by one year. A person convicted of violating
subsection A of this section is not eligible for suspension of sentence, probation,
pardon or release from confinement on any basis except pursuant to section 31-233,
subsection A or B until the sentence imposed by the court has been served or
commuted. The additional sentence imposed under this subsection is in addition to any
enhanced punishment that may be applicable under section 13-604 or other provisions of
this chapter.
C. In addition to any other penalty prescribed by this title, the court shall order
a person convicted of a violation of this section to pay a fine of not less than two
thousand dollars or three times the value as determined by the court of the drugs
involved in or giving rise to the charge, whichever is greater, and not more than the
maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all
of the imposition of any fine required by this subsection.
D. Each school district's governing board or its designee, or the chief
administrative officer in the case of a nonpublic school, shall place and maintain
permanently affixed signs located in a visible manner at the main entrance of each school
that identifies the school and its accompanying grounds as a drug free school zone.
E. The drug free school zone map prepared pursuant to title 15 shall constitute an
official record as to the location and boundaries of each drug free school zone. The
school district's governing board or its designee, or the chief administrative officer in
the case of any nonpublic school, shall promptly notify the county attorney of any
changes in the location and boundaries of any school property and shall file with the
county recorder the original map prepared pursuant to title 15.
F. All school personnel who observe a violation of this section shall immediately
report the violation to a school administrator. The administrator shall immediately
report the violation to a peace officer. It is unlawful for any school personnel or
school administrator to fail to report a violation as prescribed in this section.
G. School personnel having custody or control of school records of a student
involved in an alleged violation of this section shall make the records available to a
peace officer upon written request signed by a magistrate. Records disclosed pursuant to
this subsection are confidential and may be used only in a judicial or administrative
proceeding. A person furnishing records required under this subsection or a person
participating in a judicial or administrative proceeding or investigation resulting from
the furnishing of records required under this subsection is immune from civil or criminal
liability by reason of such action unless the person acted with malice.
H. A person who violates subsection F of this section is guilty of a class 3
misdemeanor.
I. For purposes of this section:
1. "Drug free school zone" means the area within three hundred feet of a school or
its accompanying grounds, any public property within one thousand feet of a school or its
accompanying grounds, a school bus stop or on any school bus or bus contracted to
transport pupils to any school.
2. "School" means any public or nonpublic kindergarten program, common school or
high school.
13-3412.01 Prescribing controlled substances included in schedule I for seriously ill and terminally ill patients
(Caution: 1998 Prop. 105 applies)
A. Notwithstanding any law to the contrary, any medical doctor licensed to practice
in this state may prescribe a controlled substance included in schedule I as prescribed
by section 36-2512 to treat a disease, or to relieve the pain and suffering of a
seriously ill patient or terminally ill patient, subject to the provisions of this
section. In prescribing such a controlled substance, the medical doctor shall comply
with professional medical standards.
B. Notwithstanding any law to the contrary, a medical doctor shall document that
scientific research exists that supports the use of a controlled substance listed in
schedule I as prescribed by section 36-2512 to treat a disease, or to relieve the pain
and suffering of a seriously ill patient or a terminally ill patient before prescribing
the controlled substance. A medical doctor prescribing a controlled substance included in
schedule I as prescribed by section 36-2512 to treat a disease, or to relieve the pain
and suffering of a seriously ill patient or terminally ill patient, shall obtain the
written opinion of a second medical doctor that prescribing the controlled substance is
appropriate to treat a disease or to relieve the pain and suffering of a seriously ill
patient or terminally ill patient. The written opinion of the second medical doctor
shall be kept in the patient's official medical file. Before prescribing the controlled
substance included in schedule I as prescribed by section 36-2512 the medical doctor
shall receive in writing the consent of the patient.
C. Any failure to comply with the provisions of this section may be the subject of
investigation and appropriate disciplining action by the ARIZONA medical board.
13-3412 Exceptions and exemptions; burden of proof; privileged communications
A. The provisions of sections 13-3402 and 13-3403, section 13-3404.01, subsection
A, paragraph 1 and sections 13-3405 through 13-3409 do not apply to:
1. Manufacturers, wholesalers, pharmacies and pharmacists under the provisions of
sections 32-1921 and 32-1961.
2. Medical practitioners, pharmacies and pharmacists while acting in the course of
their professional practice, in good faith and in accordance with generally accepted
medical standards.
3. Persons who lawfully acquire and use such drugs only for scientific purposes.
4. Officers and employees of the United States, this state or a political
subdivision of the United States or this state, while acting in the course of their
official duties.
5. An employee or agent of a person described in paragraphs 1 through 4 of this
subsection, and a registered nurse or medical technician under the supervision of a
medical practitioner, while such employee, agent, nurse or technician is acting in the
course of professional practice or employment, and not on his own account.
6. A common or contract carrier or warehouseman, or an employee of such carrier or
warehouseman, whose possession of drugs is in the usual course of business or employment.
7. Persons lawfully in possession or control of controlled substances authorized by
title 36, chapter 27.
8. The receipt, possession or use, of a controlled substance included in schedule I
of section 36-2512, by any seriously ill or terminally ill patient, pursuant to the
prescription of a doctor in compliance with the provisions of section 13-3412.01.
B. In any complaint, information or indictment and in any action or proceeding
brought for the enforcement of any provision of this chapter the burden of proof of any
such exception, excuse, defense or exemption is on the defendant.
C. In addition to other exceptions to the physician-patient privilege, information
communicated to a physician in an effort to procure unlawfully a prescription-only,
dangerous or narcotic drug, or to procure unlawfully the administration of such drug, is
not a privileged communication.
13-3413 Forfeiture and disposition of drugs and evidence
A. The following items used or intended for use in violation of this chapter are
subject to seizure and forfeiture pursuant to chapter 39 of this title:
1. Property, equipment, containers, chemicals, materials, money, books, records,
research products, formulas, microfilm, tapes and data.
2. Vapor-releasing substances containing a toxic substance.
3. Vehicles to transport or in any manner facilitate the transportation, sale or
receipt of, or in which is contained or possessed, any item or drug, except as provided
in chapter 39 of this title.
B. The following property is subject to seizure and forfeiture pursuant to chapter
39 of this title:
1. All proceeds traceable to an offense that is included in this chapter and that
is committed for financial gain.
2. All proceeds seized in this state and traceable to an offense that:
(a) Is chargeable or indictable under the laws of the state in which the offense
occurred and, if the offense occurred in a state other than this state, would be
chargeable or indictable under this chapter if the offense occurred in this state.
(b) Is punishable by imprisonment for more than one year.
(c) Involves prohibited drugs, marijuana or other prohibited chemicals or
substances.
(d) Is committed for financial gain.
C. Peyote, dangerous drugs, prescription-only drugs, marijuana, narcotic drugs and
plants from which such drugs may be derived which are seized in connection with any
violation of this chapter or which come into the possession of a law enforcement agency
are summarily forfeited.
D. When seizures of marijuana are made in excess of ten pounds or seizures of any
other substance specified in subsection C of this section are made in excess of one pound
in connection with any violation of this chapter the responsible law enforcement agency
may retain ten pounds of the marijuana or one pound of the other substance randomly
selected from the seized quantity for representation purposes as evidence. The agency
may destroy the remainder of the seized marijuana or substance. Before any destruction
is carried out, the responsible law enforcement agency shall photograph the material
seized with identifying case numbers or other means of identification and prepare a
report, identifying the seized material. The responsible law enforcement agency shall
notify in writing any person arrested for a violation of this chapter or the attorney for
the person at least twenty-four hours in advance that such photography will take place
and that such person or the person's attorney may be present at such photographing of the
seized material. In addition to the amount of marijuana or other substance retained for
representation purposes as evidence, all photographs and records made under this section
and properly identified are admissible in any court proceeding for any purpose for which
the seized marijuana or substance itself would be admissible. Evidence retained after
trial shall be disposed of pursuant to the rules of criminal procedure, rule 28.
E. If a seizure is made of chemicals used for the manufacture of a narcotic drug or
dangerous drug as defined by section 13-3401 in connection with a violation of this
title, the seizing agency may apply to a magistrate or superior court judge in the
application for the search warrant or as soon as reasonable after the seizure for an
order allowing the proper disposal or destruction of the substances, on a showing to the
magistrate or superior court judge by affidavit of both of the following:
1. The substances pose a significant safety hazard to life or property because of
their explosive, flammable, poisonous or otherwise toxic nature.
2. No adequate and safe storage facility is reasonably available to the seizing
agency.
F. On a proper showing pursuant to subsection E of this section, the magistrate or
superior court judge shall order the substances to be properly destroyed if the
containers are first photographed. In addition the magistrate or superior court judge
may order that the chemicals be sampled and the samples preserved, unless the court finds
either:
1. Sampling would be unnecessary or unsafe.
2. The chemicals are in labeled or factory sealed containers.
13-3414 Notice of conviction to be sent to licensing board; suspension or revocation of license or registration
On the conviction of a person of an offense in this chapter, a copy of the judgment
and sentence, and of the opinion of the court or magistrate, if any opinion is filed,
shall be sent by the clerk of the court, or by the magistrate, to the board or officer,
if any, by whom the convicted defendant has been licensed or registered to practice a
profession or to carry on a business. On the conviction of any such person, the court
may, in its discretion, suspend or revoke the license or registration of the convicted
defendant to practice the profession or to carry on the business. On the application of
any person whose license or registration has been suspended or revoked, and upon proper
showing and for good cause, such board or officer may reinstate the license or
registration.
13-3415 Possession, manufacture, delivery and advertisement of drug paraphernalia; definitions; violation; classification; civil forfeiture; factors
A. It is unlawful for any person to use, or to possess with intent to use, drug
paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal,
inject, ingest, inhale or otherwise introduce into the human body a drug in violation of
this chapter. Any person who violates this subsection is guilty of a class 6 felony.
B. It is unlawful for any person to deliver, possess with intent to deliver or
manufacture with intent to deliver drug paraphernalia knowing, or under circumstances
where one reasonably should know, that it will be used to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze,
pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into
the human body a drug in violation of this chapter. Any person who violates this
subsection is guilty of a class 6 felony.
C. It is unlawful for a person to place in a newspaper, magazine, handbill or other
publication any advertisement knowing, or under circumstances where one reasonably should
know, that the purpose of the advertisement, in whole or in part, is to promote the sale
of objects designed or intended for use as drug paraphernalia. Any person who violates
this subsection is guilty of a class 6 felony.
D. All drug paraphernalia is subject to forfeiture pursuant to chapter 39 of this
title. The failure to charge or acquittal of an owner or anyone in control of drug
paraphernalia in violation of this chapter does not prevent a finding that the object is
intended for use or designed for use as drug paraphernalia.
E. In determining whether an object is drug paraphernalia, a court or other
authority shall consider, in addition to all other logically relevant factors, the
following:
1. Statements by an owner or by anyone in control of the object concerning its use.
2. Prior convictions, if any, of an owner, or of anyone in control of the object,
under any state or federal law relating to any drug.
3. The proximity of the object, in time and space, to a direct violation of this
chapter.
4. The proximity of the object to drugs.
5. The existence of any residue of drugs on the object.
6. Direct or circumstantial evidence of the intent of an owner, or of anyone in
control of the object, to deliver it to persons whom he knows, or should reasonably know,
intend to use the object to facilitate a violation of this chapter.
7. Instructions, oral or written, provided with the object concerning its use.
8. Descriptive materials accompanying the object which explain or depict its use.
9. National and local advertising concerning its use.
10. The manner in which the object is displayed for sale.
11. Whether the owner, or anyone in control of the object, is a legitimate supplier
of like or related items to the community, such as a licensed distributor or dealer of
tobacco products.
12. Direct or circumstantial evidence of the ratio of sales of the object to the
total sales of the business enterprise.
13. The existence and scope of legitimate uses for the object in the community.
14. Expert testimony concerning its use.
F. In this section, unless the context otherwise requires:
1. "Drug" means any narcotic drug, dangerous drug, marijuana or peyote.
2. "Drug paraphernalia" means all equipment, products and materials of any kind
which are used, intended for use or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a
drug in violation of this chapter. It includes:
(a) Kits used, intended for use or designed for use in planting, propagating,
cultivating, growing or harvesting any species of plant which is a drug or from which a
drug can be derived.
(b) Kits used, intended for use or designed for use in manufacturing, compounding,
converting, producing, processing or preparing drugs.
(c) Isomerization devices used, intended for use or designed for use in increasing
the potency of any species of plant which is a drug.
(d) Testing equipment used, intended for use or designed for use in identifying or
analyzing the strength, effectiveness or purity of drugs.
(e) Scales and balances used, intended for use or designed for use in weighing or
measuring drugs.
(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite,
dextrose and lactose, used, intended for use or designed for use in cutting drugs.
(g) Separation gins and sifters used, intended for use or designed for use in
removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
(h) Blenders, bowls, containers, spoons and mixing devices used, intended for use
or designed for use in compounding drugs.
(i) Capsules, balloons, envelopes and other containers used, intended for use or
designed for use in packaging small quantities of drugs.
(j) Containers and other objects used, intended for use or designed for use in
storing or concealing drugs.
(k) Hypodermic syringes, needles and other objects used, intended for use or
designed for use in parenterally injecting drugs into the human body.
(l) Objects used, intended for use or designed for use in ingesting, inhaling or
otherwise introducing marijuana, a narcotic drug, a dangerous drug, hashish or hashish
oil into the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without
screens, permanent screens, hashish heads or punctured metal bowls.
(ii) Water pipes.
(iii) Carburetion tubes and devices.
(iv) Smoking and carburetion masks.
(v) Roach clips, meaning objects used to hold burning material, such as a marijuana
cigarette, that has become too small or too short to be held in the hand.
(vi) Miniature cocaine spoons and cocaine vials.
(vii) Chamber pipes.
(viii) Carburetor pipes.
(ix) Electric pipes.
(x) Air-driven pipes.
(xi) Chillums.
(xii) Bongs.
(xiii) Ice pipes or chillers.
13-3416 Probationer; payment of costs
In addition to any other fines or assessments, persons placed on probation for a
violation of this chapter with a condition to participate in community restitution, drug
testing or antidrug abuse education may be required by the court to pay any reasonable
costs associated with participation in these programs. 13-3417 Use of wire communication or electronic communication in drug related transactions; classification
A. It is unlawful for a person to use any wire communication or electronic
communication as defined in section 13-3001 to facilitate the violation of any felony
provision or to conspire to commit any felony provision of this chapter or chapter 23 of
this title.
B. Any offense committed by use of a wire communication or electronic communication
as set forth in this section is deemed to have been committed at the place where the
transmission or transmissions originated or at the place where the transmission or
transmissions were received.
C. A person who violates this section is guilty of a class 4 felony except if the
felony facilitated carries a class 5 or 6 designation in which case a violation of this
section shall carry the same classification as the felony facilitated. 13-3418 Ineligibility to receive public benefits; restoration; definition
A. On conviction of any offense in this chapter, the court may render the person
who is convicted ineligible to receive any public benefits. The court shall determine
the length of time that shall elapse before the person's eligibility is restored.
B. The court shall not deny any public benefit otherwise directly or indirectly
available to any innocent person nor shall the court deny any public benefit if such
denial is in conflict with the laws of the United States.
C. For the purposes of this section, "public benefits" includes any money or
services provided by this state for scholarships or tuition waivers granted for state
funded universities or community colleges, welfare benefits, public housing or other
subsidies but does not include benefits available for drug abuse treatment,
rehabilitation or counseling programs.
13-3419 Multiple drug offenses not committed on the same occasion; sentencing
A. Except for a person convicted of possession offenses pursuant to section
13-3405, subsection A, paragraph 1, section 13-3407, subsection A, paragraph 1 or section
13-3408, subsection A, paragraph 1, a person who is convicted of two or more offenses
under this chapter that were not committed on the same occasion but that either are
consolidated for trial purposes or are not historical prior felony convictions as defined
in section 13-604 shall be sentenced for the second or subsequent offense pursuant to
this section. The person shall not be eligible for suspension of sentence, probation,
pardon or release from confinement on any basis except as specifically authorized by
section 31-233, subsection A or B until the sentence imposed by the court has been
served, the person is eligible for release pursuant to section 41-1604.07 or the sentence
is commuted, except that a person sentenced pursuant to paragraph 1 of this subsection
shall be eligible for probation. The presumptive term for paragraph 1, 2, 3 or 4 of this
subsection may be aggravated within the range under this section pursuant to section
13-702, subsections B, C and D. The presumptive term for paragraph 1, 2 or 3 of this
subsection may be mitigated within the range under this section pursuant to section
13-702, subsections B, C and D. The terms are as follows:
1. For two offenses for which the aggregate amount of drugs involved in one offense
or both of the offenses is less than the statutory threshold amount for the second
offense:
Felony Minimum Presumptive Maximum
Class 2 4 years 5 years 10 years
Class 3 2.5 years 3.5 years 7 years
Class 4 1.5 years 2.5 years 3 years
Class 5 .75 years 1.5 years 2 years
2. For three or more offenses for which the aggregate amount of drugs involved in
one offense or all of the offenses is less than the statutory threshold amount for any
offense subsequent to the second offense:
Felony Minimum Presumptive Maximum
Class 2 4 years 5 years 10 years
Class 3 2.5 years 3.5 years 7 years
Class 4 1.5 years 2.5 years 3 years
Class 5 .75 years 1.5 years 2 years
3. For two offenses for which the aggregate amount of drugs involved in one offense
or all of the offenses equals or exceeds the statutory threshold amount for the second
offense:
Felony Minimum Presumptive Maximum
Class 2 4 years 5 years 10 years
Class 3 2.5 years 3.5 years 7 years
Class 4 1.5 years 2.5 years 3 years
Class 5 9 months 1.5 years 2 years
4. For three or more offenses for which the aggregate amount of drugs involved in
one offense or all of the offenses equals or exceeds the statutory threshold amount for
any offense subsequent to the second offense:
Felony Minimum Presumptive Maximum
Class 2 4 years 7 years 12 years
Class 3 2.5 years 5 years 9 years
Class 4 1.5 years 3 years 5 years
Class 5 9 months 2.5 years 4 years
B. For offenders sentenced pursuant to subsection A, paragraphs 1 through 4 of this
section the court may increase the maximum sentence otherwise authorized by up to
twenty-five per cent.
C. For offenders sentenced pursuant to subsection A, paragraph 1, 2 or 3 of this
section the court may decrease the minimum sentence otherwise authorized by up to
twenty-five per cent.
D. If the court increases or decreases a sentence pursuant to this section, the
court shall state on the record the reasons for the increase or decrease.
E. The court shall inform all of the parties before the sentencing occurs of its
intent to increase or decrease a sentence pursuant to this section. If the court fails to
inform the parties, a party waives its right to be informed unless the party timely
objects at the time of sentencing.
13-3420 Unlawful substances; threshold amounts
For purposes of determining if the threshold amount is equaled or exceeded in any
single offense or combination of offenses, a percentage of each substance listed by
weight in section 13-3401, or any fraction thereof to its threshold amount shall be
established. The percentages shall be added to determine if the threshold amount is
equaled or exceeded. If the total of the percentages established equals or exceeds one
hundred per cent, the threshold amount is equaled or exceeded. If the threshold amount
is equaled or exceeded because of the application of this subsection, the person shall be
sentenced as if the combination of unlawful substances consisted entirely of the unlawful
substance of the greatest proportionate amount. If there are equal proportionate
amounts, the person shall be sentenced as if the unlawful substances consisted entirely
of the unlawful substance constituting the highest class of offense.
13-3421 Using building for sale or manufacture of dangerous or narcotic drugs; fortification of a building; classification; definitions
A. A person who as a lessee or occupant intentionally uses a building for the
purpose of unlawfully selling, manufacturing or distributing any dangerous drug or
narcotic drug is guilty of a class 6 felony.
B. A person who as a lessee or occupant of a building and who with the intent to
suppress law enforcement entry knowingly fortifies or allows to be fortified the
building for the purpose of unlawfully selling, manufacturing or distributing any
dangerous drug or narcotic drug is guilty of a class 4 felony.
C. As used in this section:
1. "Building" means any part of a building or structure, including a room, space or
enclosure, that may be entered through the same outside entrance.
2. "Fortified" means the use of steel doors, wooden planking, cross bars, alarm
systems, dogs or other means to prevent or impede entry into a building or structure.
13-3422 Drug court program; establishment; participation
A. The presiding judge of the superior court in each county may establish a drug
court program as defined in section 13-3401.
B. Cases assigned to the drug court program may consist of defendants who are drug
dependent persons and who are charged with a probation eligible offense under this
chapter, including preparatory offenses.
C. A defendant may be admitted into the drug court program prior to a guilty plea
or a trial only on the agreement of the court and the prosecutor.
D. A defendant is not eligible for entry into the drug court program pursuant to
subsections F and H of this section if any of the following applies:
1. The defendant has been convicted of a serious offense as defined in section
13-604.
2. The defendant has been convicted of an offense under chapter 14 of this title.
3. The defendant has been convicted of an offense involving the discharge, use or
threatening exhibition of a deadly weapon or dangerous instrument or the intentional or
knowing infliction of serious physical injury.
4. The defendant has completed or previously been terminated from a drug court
program other than a juvenile drug court program.
5. The defendant has completed or previously been terminated from a drug diversion
program other than a juvenile drug diversion program for an offense in violation of this
chapter.
E. For the purposes of subsection D of this section, the age of the conviction does
not matter.
F. Notwithstanding any law to the contrary, if a defendant who is assigned to the
drug court program is subsequently found guilty of the offense and probation is otherwise
available, the court, without entering a judgment of guilt and with the concurrence of
the defendant, may defer further proceedings and place the defendant on probation. The
terms and conditions of probation shall provide for the treatment of the drug dependent
person and shall include any other conditions and requirements that the court deems
appropriate, including the imposition of a fine, payment of fees and any other terms and
conditions as provided by law which are not in violation of section 13-901.01.
G. If the defendant is placed on probation pursuant to subsection F of this section
and the defendant violates a term or condition of probation, the court may terminate the
defendant's participation in the drug court program, enter an adjudication of guilt and
revoke the defendant's probation.
H. If the defendant is convicted of an offense listed in subsection I of this
section and is placed on probation pursuant to subsection F of this section, on
fulfillment of the terms and conditions of probation, the court may discharge the
defendant and dismiss the proceedings against the defendant or may dispose of the case as
provided by law.
I. A defendant is eligible for dismissal of proceedings as provided in subsection H
of this section if the defendant is convicted of any of the following offenses:
1. Possession or use of marijuana in violation of section 13-3405, subsection A,
paragraph 1.
2. Possession or use of a prescription-only drug in violation of section 13-3406,
subsection A, paragraph 1.
3. Possession or use of a dangerous drug in violation of section 13-3407,
subsection A, paragraph 1.
4. Possession or use of a narcotic drug in violation of section 13-3408, subsection
A, paragraph 1.
5. Possession or use of drug paraphernalia in violation of section 13-3415,
subsection A.
6. Any preparatory offense, as prescribed in chapter 10 of this title, to an
offense listed in this subsection.
J. If the defendant is placed on probation pursuant to subsection F of this section
and the defendant fails to fulfill the terms and conditions of probation, the court shall
enter an adjudication of guilt and sentence the defendant as provided by law.
K. If a defendant chooses not to participate in the drug court program, the
defendant shall be prosecuted as provided by law.
L. This section does not prohibit the presiding judge of the superior court from
establishing a drug court program other than as defined in section 13-3401 with other
terms and conditions, including requiring a defendant to participate in a drug court
program subsequent to the entry of judgment of guilt and sentencing.
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