Drug Law Definitions
Criminal Defense Lawyer for Drug Charges Phoenix AZ
Arizona Drug Laws - DRUG OFFENSES: 13-3401 Definitions
*The following is a list of Definitions included in the Drug Offense Section in A.R.S. - Title 13 DRUG OFFENSES: 13-3401 Definitions under Arizona Law. This list include the actual words or phrases defined in this section. However, for the convenience of visitors to this site, the definitions have been modified by the Law Office of James Novak, into "reader friendly" form for those looking for general information, or a place to start. If you need to refer to the exact language of the Defiitions under Arizona Drug Offense Law, always refer to official citations A.R.S. - Title 13 - DRUG OFFENSES: 13-3401 Definitions which can be easily found at the official Website www.AZlegis.gov of the Arizona Legislature.
If you have active drug charges and need legal defense in Maricopa County, specifically Phoenix, Mesa, Tempe Chandler, Gilbert, Scottsdale or surrounding cities, you should consult the Law Office of James Novak at (480) 413-1499 for a free consultation to discuss your matter and defense options. .
A.R.S. Title 13, Chapter 34 Drug Offense Definitions, 13-3401:
- "Administer" - with regard to another person, to apply; inject; facilitate inhalation or ingestion of a drug or substance.
- "Amidone" - another name for Methadone; used as a synthetic narcotic.
- "Board" - means the Arizona state board of pharmacy when referred to in this section.
- "Cannabis" - Any resin substances extracted from any part of a genus cannabis plant, seed, derivative, mixture, salt or compound of such resin or tetrahydrocannabinol.
- "Coca leaves" - Cocaine; any compound, mixture, extract, or preparation of the coca leaves. This does not include the derivatives of coca leaves that do not contain cocaine, or substances of which cocaine may be manufactured or combined to make cocaine.
- "Dangerous Drug" - refers to a comprehensive host of named chemicals and drugs with similar characteristics of what is considered a dangerous drug. Reference A.R.S. 13-3401.6, 6a - 6c (xxiii) for complete list of Arizona Law Dangerous Drug Dangerous: (a) Hallucinogenic drugs such as Mescaline; (b) Stimulants on the central nervous system such as Amphetamines; (c) Depressants on the central nervous system for example Lorazepam; and (d) Anabolic steroids.
- "Deliver" - actual, attempted, or constructive from one person or agency to another.
- "Director" - refers to the Arizona Department of Health Services Director.
- "Dispense" - to deliver, distribute, sell or give away.
- "Drug Court program" - a court ordered drug treatment program established pursuant to A.R.S. 13 3422; A drug treatment program ordered by the presiding Arizona Superior Court Judge as agreed upon by the judge and prosecution for those drug dependent persons who qualify. The program may be requested by the defense as part of a plea agreement and as an alternative to incarceration, or other penalties; the program may be ordered by the judge in addition to required penalties within sentencing guidelines.
- "Drug dependent person" - means a person found to be dependent upon a substance listed in paragraph 6, 19, 20, 21 or 28 of this section.
- "Federal Act" - means the official federal laws and regulations that apply to drugs, equipment, devices, poisons and hazardous substances in place and effective at the current time the Federal Act applies or is cited as it relates to drug offense charges, prosecution, or defense.
- "Isoamidone" - controlled substance; another name for Isomethadone; (chemical identification of 4 4 diphenyl 5-methyl 6-dimethylaminohexanone 3.)
- "Isonipecaine" - controlled substance; analgesic pain medication such as Demoral; (chemical identification of 1 methyl 4 phenyl piperidine 4 carboxylic acid ethyl ester
- "Ketobemidone" - a controlled substance; analgesic pain medication; a strong pain medication with similar to the pain reduction strength of Morphine; (chemically identified as 4 (3 hydroxyphenyl) 1 methyl 4 piperidylethyl ketone hydrochloride).
- "Licensed" or "permitted" - authorized by Arizona Law to conduct certain activities;
- "Manufacture" - to produce, make, prepare, mix, combine or process, or extract organic or natural substances to make another different and whole chemical, drug, or product. It applies to labeling and packaging or relabeling or repackaging. This definition does not apply when the manufacturing process is performed legally; is authorized by federal, state, and or other governing laws as they apply to licensed practitioners in the course of the duties of their licensed profession.
- "Manufacturer" - A business, entity or person who manufactures dangerous, narcotic or other drugs governed under this section.
- "Marijuana" - the resin and seeds from a genus cannabis plant. This does not include stalks or sterilized seed from a genus cannabis plant, which are incapable of germination. (the growth process of a young plant; the process of sprouting; or emerging).
- "Narcotic drugs" - a host of specifically named drugs in this section whether the substances they are made from are natural or synthetic in origin; and that are sold in a variety of forms. It is a controlled substance; a drug that reduces pain; causes drowsiness; and induces sleep. For full list of named Narcotics in Arizona see reference A.R.S. 13-3401. 20. (a) to 20.(eeee).
- "Opium" - a drug, mixture, compound or preparation of named drugs or chemicals specified in A.R.S. 13--3401. 21, 21a - 21(hh). Opium is a narcotic that originates from the poppy plant; it suppresses the central nervous system similar to the effects of general anesthesia, or a barbiturate. 22. "Ordinary ephedrine, pseudoephedrine - chemically identified as (-) norpseudoephedrine or phenylpropanolamine product" means a product that contains ephedrine, pseudoephedrine, (-) norpseudoephedrine or phenylpropanolamine; and is approved for sale under the Federal Act; FDA approved, labeled and advertised as such; contains for packaging, weight, and measurement restrictions for both liquid and non-liquid forms specifically described in A.R.S. 13-3401. 22(a) - 22(c) (ii).
- "Peyote" - any part of a genus lophophora or spineless cactus; known mainly for its use as an hallucinogenic; active ingredient is mescaline (mescaline may also be produced synthetically; it is generally harvested for its mescaline (bulbous like) "buttons" which can consumed fresh or dried out. Its effects are similar to hallucinogens such as LSD, and PCP; dangerous drug; generally grown and used in the Southwestern USA and Northern Mexico.
- "Pharmacy" - a licensed business where drugs are compounded, dispensed, and or/sold by an authorized licensed pharmacist.
- "Practitioner" - a person who prescribes and administers drugs and is licensed by the State of Arizona.
- "Precursor chemical I" - Materials, compounds, or mixtures which contain any quantity of specifically named and listed substances or their properties. Refer to A.R.S. 13-3401 26 (a) - 26 (q). They are substances required in drug production. They can either be used in producing synthetic drugs or extraction for compounding of organic drugs. They are generally used to manufacture Narcotics or Dangerous drug, and therefore, Arizona regulates how much can be sold (refer to 13-3404 for Arizona Reporting requirements for certain transactions). Certain transactions involving Precursor chemicals have reporting requirements under Arizona Legislation. 27. "Precursor chemical II"- - Materials, compounds, or mixtures which contain any quantity of specifically named and listed substances or their properties; these specified chemicals or substances or listed by name under A.R.S. 13-3401 27 (a) - 27 (l); also see definition of Precursor chemical I above.
- "Prescription only drug" - When referenced in Arizona drug offense laws the meaning does not refer to dangerous or narcotic drugs; but rather (a) one ;that is generally considered safe, for use by and/or under the supervision of a qualified medical practitioner within the scope of their license; and (b) drugs that are approved by the FDA (Federal Food & Drug Administration); and (c) includes proper drug labeling, instructions, directions for consumer use; and (d) labeling that must include the following statement (s) "Caution: Federal law prohibits dispensing without prescription" or "Rx only", or "Prescription Only".
- "Produce" - To grow, plant, and prepare drugs for sale to another person or entity.
- "Regulated chemical" - A list of specific named substances or chemicals made available in bulk form that are not considered a useful part or an active ingredient in an otherwise illegal or lawful drug; some examples of " regulated chemicals" include but are not limited such substances as Acetic anhydride; Butyrolactone; Red phosphorus; and Hypophosphorous acid.
- "Retailer" - A retailer is one that either sells (a) precursor or regulated chemicals to others for consumption or use, but not resale, whether or not the person possesses a required permit issued under Arizona Law or (b) a manufacturer or wholesaler who buys, or acquires more than 24 grams of precursor chemical (s) or substances. .
- "Sale" or "Sell" - An exchange of for money, property, services, or other drugs, either presently or for a set future time.
- "Sale for personal use" - A retail sale for a legitimate medical reasons for personal use. It is a sale that takes place in a single transaction. The recipient to the sale of a lawful drug may be an individual under the supervision of a licensed practitioner; an employer; or school in accordance with Arizona laws; for such items as first aid kits, or medicine chests.
- "Scientific Purpose" - Refers to teaching, research study or analysis of chemicals.
- "Suspicious Transaction" - is a transaction that falls within any of four categories: (1) A transaction in which a report is required by Federal Law; (2) A transaction that leads to a prudent person to reasonably believe that an attempt is being made by another to obtain a precursor or regulated substance for illegal manufacturing of a dangerous or narcotic drug. (3) A sale value of $200.00 or more for precursor or regulated chemicals, and which is paid in cash, bank or money orders; and (4) the sale involves a transfer or providing named precursor chemicals to a retailer for resale without a prescription for those precursor substances named in this definition.
- "Threshold Amount" - In relation to drug offenses, charges, and sentencing guidelines, the Threshold Amount is a measurement that refers to market or street value, or measurement in another form of an unlawful named drugs, chemicals, or substances that equal or exceed amounts specified. The Threshold amounts apply weight and or market value of drugs such as Heroin, Cocaine, PCP, Methamphetamine (Meth), Amphetamine, Lysergic acid diethylamide, Marijuana, other illegal drugs, and for combinations thereof (See "Threshold Amounts Page on this website or official website of Arizona Legislature citation "A.R.S. 13-3401. 36".
- "Transfer" - To convert property to another; to deliver' to give away.
- "Vapor releasing substance containing a toxic substance" - a substance that contains fumes that release a list of toxic named substances a through q. See Arizona Legislature citation "A.R.S. 13-3401. 38."
- "Weight" - unless otherwise designated includes the entire weight of any substance that contains a detectable amount of an unlawful substance. If a substance contains more than one unlawful substance, the weight of the entire substance is assigned to the unlawful substance that results in the more preponderant offense. If an amalgamation or substance contains lysergic acid diethylamide, the offense that results from the unlawful substance shall be predicated on the more preponderant offense as tenacious by the entire weight of the substance or the number of blotter dosage units.
- "Wholesaler" - A person or entity who lawfully supplies dangerous drugs, narcotics, precursor chemicals, or other regulated chemicals or substances through their regular business operations; but does not prepare, manufacture or produce themselves; and these chemicals or drugs are not for consumption of the person or entity making the purchase; and may or may not have an authorized permit to conduct business as a wholesaler under state law. Lack of a federal permit does not disqualify that entity as a wholesaler conducting wholesale activities. But rather, a wholesaler is considered a person or business that dispenses, sells or delivers precursor substances or chemicals under the circumstances, or in an amount, that requires registration as a distributor of precursor chemicals under Federal Law.
If you have been arrested or charged with any drug crime in Arizona you should become informed about your drug charges and consider the defense options you have available to. If you face new and active drug charges in Maricopa County, and are not yet being represented by a defense attorney, contact the Law Office of James Novak at (480) 413-1499 for your free initial defense consultation. If retained, he will provide you with a solid and effective defense to fight your Arizona Drug Charges.
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*The Definitions above should not be quoted or reproduced for authoritative reasons in court, or any other actual legal matter. For exact definitions refer to official Arizona Laws or their websites for your jurisdiction. Laws may differ by citation and State.