Overview

ARS 13-3406 prohibits a person from having or using a prescription only drug without a prescription or an appropriate license. The law also prohibits a person from intentionally having or selling a drug with a false or misleading label.

Penalties

In Arizona, offenses regarding the misuse of prescription-only drugs can vary in severity from a class 2 misdemeanor to a class 4 felony.

If you are found in possession of or use a misbranded drug, then you are liable to be charged with a class 2 misdemeanor. If sentenced, you could face fines, or up to 4 months in prison, often to be served in its entirety before release.

If you use a misbranded or prescription drug without the valid prescriptions or permits required, or knowingly administer a drug without a valid prescription, then you are likely to be charged with a class 1 misdemeanor. The most severe of all misdemeanors, if you are found guilty you can expect to face up to a year in jail, or fines of up to $2,500.

If you are caught importing prescription or misbranded drugs or are found to be selling prescription drugs, the state of Arizona will charge you with a class 6 felony. While the least serious of the six felony levels, you are still likely to face a custodial sentence. Sentences typically range from 3 months to 2 years, depending on the severity of the offense committed. You may also be liable to pay fines, depending on the specifics of your case.

You will be charged with a class 4 felony if you are found to be manufacturing or distributing misbranded or prescription medication within the state of Arizona. Class 4 felonies hold a custodial sentence of up to 2 and a half years.