| 13-3406 |
NARCOTIC NEWS
Drug Law in Arizona 13-3406
Drug Law in Arizona 13-3406
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Possession, use, administration, acquisition, sale, manufacture or
transportation of prescription-only drugs; classification
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.
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.