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| Home > Statutes > Usa-Arizona |
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USA Statutes : arizona
Title : Criminal Code
Chapter : IMITATION SUBSTANCE OR DRUG OFFENSES
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13-3451 Definitions
In this chapter, unless the context otherwise requires:
1. "Controlled substance" means a drug, substance or immediate precursor in
schedules I through V of title 36, chapter 27, or a dangerous drug or a narcotic drug
listed in section 13-3401.
2. "Counterfeit preparation" means a preparation that has an appearance which
imitates another preparation but that, in fact, is a different preparation.
3. "Distribute" means the actual, constructive or attempted transfer, delivery or
sale of, or dispensing to another of, an imitation controlled substance, imitation
prescription-only drug or imitation over-the-counter drug.
4. "Imitation controlled substance" means a drug, substance or immediate precursor
which does or does not contain a controlled substance that by texture, consistency or
color or dosage unit appearance as evidenced by color, shape, size or markings, apart
from any other representations, packaging or advertisements, would lead a reasonable
person to believe that the substance is a controlled substance but it is a counterfeit
preparation.
5. "Imitation over-the-counter drug" means an imitation of a nonprescription drug
as defined in section 32-1901 that by texture, consistency or color or dosage
unit appearance as evidenced by color, shape, size or markings, apart from any other
representations, packaging or advertisements, would lead a reasonable person to believe
that the substance is an over-the-counter drug.
6. "Imitation prescription-only drug" means a drug, substance or immediate
precursor which does or does not contain a prescription-only drug as defined by section
32-1901 that by texture, consistency or color or dosage unit appearance as evidenced by
color, shape, size or markings, apart from any other representations, packaging or
advertisements, would lead a reasonable person to believe that the substance is a
prescription-only drug but it is a counterfeit preparation.
7. "Manufacture" means the production, preparation, compounding, processing,
encapsulating, packaging or repackaging, or labeling or relabeling of an imitation
controlled substance, imitation prescription-only drug or imitation over-the-counter
drug.
8. "Placebo" means an inactive substance or preparation used in controlled studies
to determine the effectiveness of medicinal substances or used to please or gratify a
physician's patient.
13-3452 Effect of representations made in construing status of certain substances whose origin is uncertain
A. If a dosage unit is in the form of a powder or liquid or if the appearance of a
dosage unit is not otherwise reasonably sufficient to establish that a substance is an
imitation controlled substance, imitation prescription-only drug or imitation
over-the-counter drug, the representations made in connection with the substance or drug
shall be considered in addition to all other logically relevant factors in determining
whether the substance or drug is an imitation controlled substance, imitation
prescription-only drug or imitation over-the-counter drug.
B. For the purposes of this section, representations made in connection with any
substance or drug whose status is uncertain include:
1. Statements made by an owner or by anyone else in control of the substance or
drug concerning the nature of the substance or drug, or its use or effect.
2. Statements made to the recipient of the substance or drug that the substance or
drug may be resold for inordinate profit.
3. Whether the substance or drug is packaged in a manner normally used for
imitation controlled substances, imitation prescription-only drugs or imitation
over-the-counter drugs.
4. Evasive tactics or actions utilized by the owner or person in control of the
substance or drug to avoid detection by law enforcement agencies.
13-3453 Manufacture or distribution of imitation controlled substance; prohibited acts; classification
A. It is unlawful for a person to manufacture, distribute or possess with intent to
distribute an imitation controlled substance.
B. It is no defense to prosecution under this section that the defendant believed
the imitation controlled substance to be a legitimate controlled substance.
C. A person who violates subsection A by the manufacture, distribution or
possession of with intent to distribute an imitation controlled substance as a controlled
substance is guilty of a class 6 felony.
D. Any person of the age of eighteen years or older who violates subsection A with
respect to any person under the age of eighteen years is guilty of a class 5 felony.
13-3454 Manufacture or distribution of imitation prescription-only drug; prohibited acts; classification
A. It is unlawful for any person to manufacture, distribute or possess with intent
to distribute an imitation prescription-only drug.
B. It is no defense to prosecution under this section that the defendant believed
the imitation prescription-only drug to be a legitimate prescription-only drug.
C. A person who violates subsection A by the manufacture, distribution or
possession of with intent to distribute an imitation prescription-only drug is guilty of
a class 6 felony.
D. A person of the age of eighteen years or older who violates subsection A with
respect to any person under the age of eighteen years is guilty of a class 5 felony.
13-3455 Manufacture or distribution of imitation over-the-counter drug; prohibited acts; classification
A. It is unlawful for any person to manufacture, distribute or possess with intent
to distribute an imitation over-the-counter drug.
B. It is no defense to prosecution under this section that the defendant believed
the imitation over-the-counter drug to be a legitimate over-the-counter drug.
C. Any person who violates subsection A by the manufacture, distribution or
possession of with intent to distribute an imitation over-the-counter drug is guilty of a
class 6 felony.
D. A person of the age of eighteen years or older who violates subsection A with
respect to any person under the age of eighteen years is guilty of a class 5 felony.
13-3456 Possession or possession with intent to use imitation controlled substance; violation; classification
A. It is unlawful for any person to possess or possess with intent to use an
imitation controlled substance.
B. It is no defense to prosecution under this section that the defendant believed
the imitation controlled substance to be a legitimate controlled substance.
C. A person who violates subsection A by the possession or the possession of with
intent to use an imitation controlled substance is guilty of a class 2 misdemeanor.
13-3457 Possession or possession with intent to use an imitation prescription-only drug; violation; classification
A. It is unlawful for any person to possess or possess with intent to use an
imitation prescription-only drug.
B. A person who violates subsection A by the possession or the possession of with
intent to use an imitation prescription-only drug is guilty of a class 2 misdemeanor.
13-3458 Possession or possession with intent to use an imitation over-the-counter drug; violation; classification
A. It is unlawful for any person to possess or possess with intent to use an
imitation over-the-counter drug.
B. A person who violates subsection A by the possession or the possession of with
intent to use an imitation over-the-counter drug is guilty of a class 2 misdemeanor.
13-3459 Manufacture of certain substances and drugs by certain means; prohibited acts; classification
A. It is unlawful for any person to make, distribute or possess any punch, die,
plate, stone or other thing designed to print, imprint or reproduce the trademark, trade
name or other identifying mark, imprint or device relating to the authorized
identification of any controlled substance, prescription-only drug or over-the-counter
drug or any likeness of any of the foregoing upon any drug or container to intentionally:
1. Counterfeit a controlled substance, prescription-only drug or over-the-counter
drug.
2. Duplicate substantially the physical appearance, form, package or label of a
controlled substance, prescription-only drug or over-the-counter drug.
B. A person who violates any provision of subsection A is guilty of a class 1
misdemeanor.
13-3460 Civil forfeiture
All imitation controlled substances, imitation over-the-counter drugs and imitation
prescription-only drugs are subject to forfeiture as provided in chapter 39 of this
title.
13-3461 Placebos; exemption from coverage
Notwithstanding any contrary statute, the manufacture, distribution, possession,
possession with intent to distribute or possession with intent to use placebos in this
state by the following persons is not unlawful:
1. Exempt manufacturers, wholesalers and pharmacists under 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 placebos and use them only for scientific purposes.
4. Officers and employees of the United States, this state or a political
subdivision of this state and peace officers 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 or a registered nurse or medical technician under the supervision of a medical
practitioner while the employee, agent, nurse or technician is acting in the course of
his professional practice or employment and not on his own account.
6. A common or contract carrier or warehouseman or an employee of such a carrier or
warehouseman whose possession of placebos is in the usual course of business or
employment.
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