13-3401. Definitions. |
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
(i) 4-bromo-2, 5-dimethoxyamphetamine.
(iv) 2, 5-dimethoxyamphetamine.
(vi) 5-methoxy-3, 4-methylenedioxyamphetamine.
(vii) 4-methyl-2, 5-dimethoxyamphetamine.
(ix) Lysergic acid amide.
(x) Lysergic acid diethylamide.
(xii) Methoxymethylenedioxyamphetamine (MMDA).
(xiii) Methylenedioxyamphetamine (MDA).
(xvi) N-ethyl-3-piperidyl benzilate (JB-318).
(xviii) N-methyl-3-piperidyl benzilate (JB-336).
(xix) N-(1-phenylcyclohexyl) ethylamine (PCE).
(xxi) 1-(1-phenylcyclohexyl) pyrrolidine (PHP).
(xxii) 1-(1-(2-thienyl)-cyclohexyl) piperidine (TCP).
(xxiii) 1-(1-(2-thienyl)-cyclohexyl) pyrrolidine.
(xxiv) Para-methoxyamphetamine (PMA).
(xxviii) 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:
(iii) Cathine ((+)-norpseudoephedrine).
(xxiv) 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
(v) Chloral betaine.
(vi) Chloral hydrate.
(xix) Ethyl loflazepate.
(xxiv) Gamma hydroxy butyrate.
(xxxiii) Lysergic acid.
(d) Any material, compound, mixture or preparation which contains any
quantity of the following anabolic steroids and their salts, isomers or
(ii) Clostebol (4-Chlorotestosterone).
(vii) Formebulone (Formebolone).
(x) Methandrostenolone (Methandienone).
(xix) Stanolone (4-Dihydrotestosterone).
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
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
20. "Narcotic drugs" means the following, whether of natural or synthetic
origin and any substance neither chemically nor physically distinguishable
(k) Amidone (methadone).
(v) Buprenorphine and its salts.
(z) Coca leaves.
(jj) Dioxaphetyl butyrate.
(ss) Isoamidone (isomethadone).
(tt) Isonipecaine (meperidine).
(bbb) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP).
(ooo) 1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine (PEPAP).
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:
(e) Codeine methylbromide.
(u) Morphine methylbromide.
(v) Morphine methylsulfonate.
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.
(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
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.
(f) Lysergic acid.
(n) Phenylacetic acid.
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.
(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.
(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
(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
(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
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.
(d) Sodium acetate.
(e) Red phosphorus.
(f) Gamma butyrolactone (GBL).
(i) 1,2 butanolide.
(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
(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
(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
(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.