Possession of a dangerous drug is a misdemeanor in cases where you are convicted of possessing less than 28 grams of any combination of dangerous drugs. In Arizona, a “dangerous drug” is generally defined as any type of narcotic other than marijuana. This includes possession of cocaine, methamphetamine, amphetamines, anabolic steroids, hallucinogenic drugs, and certain prescription drugs. Knowingly possessing, using, selling, or attempting to sell dangerous drugs is a crime.
Even having the equipment to make these drugs is illegal, as is transporting them. Possessing any amount of LSD, methamphetamine, amphetamine, or phencyclidine (PCP) is a class 4 felony, carrying a minimum prison sentence of 1.5 years. B) In determining that a dangerous drug has been abused, the State Department of Health Services may limit the availability of the abused drug by allowing it to be dispensed only with the prescription of a medical professional described in Section 483.001 (1 (A), (B) or (D). B) A pharmacist who is required to dispense a hazardous drug with a prescription issued by a therapeutic optometrist shall determine, in the exercise of the pharmacist's professional judgment, whether the prescription is for a hazardous drug that a therapeutic optometrist is authorized to prescribe under Section 351,358, Code of Occupations.
(B) The professional shall maintain in the professional's usual place of work a list of designated health care agents or facilities, as defined in Section 483,001 (. D) This section does not exempt a professional or the practitioner's appointed agent from the requirements of Subchapter A, Chapter 562, Occupations Code. A licensed midwife who obtains oxygen to administer to a mother or newborn or who obtains hazardous medication for the administration of prophylaxis to a newborn for the prevention of neonatal ophthalmia in accordance with Section 203,353, Occupations Code; D) A felony under this section is a Class A misdemeanor. B) the actor is committing another offense, other than an offense punishable under Section 481,115 (b), 481,151 (b) (, 481,116 (b), 481,161 (b) (or (, 481,117 (b), 481,118 (b), or 481,121 (b) (or an offense under Section 481,119 (b), 481,125 (a), or 485,031 (a); The actor was acquitted in a previous proceeding where the actor successfully established the defense under that subsection or Section 481,115 (g), 481,151 (c), 481,116 (f), 481,161 (c), 481,117 (f), 481,118 (f), 481,119 (c), 481,121 (c), 481,125 (g), or 485,031 (c); or (G) The defense to the prosecution provided by Subsection section (e)) does not exclude the admission of evidence obtained by the police as a result of the request for medical assistance from emergency if that evidence relates to a crime for which the defense described in Subsection (e) is not available.
I) a prescription issued by a medical professional described in Section 483.001 (1 (A) or (B); B) Subsection (a) does not apply to the delivery or offer of delivery of a hazardous drug to a person included in Section 483.041 (c) for use in the ordinary course of business or practice or in the performance of a person's duties. D) A crime under this section is a state jail felony. E) The labeling provisions of Subsection (a) do not apply to a hazardous drug prescribed or dispensed for administration to a patient who is institutionalized. The board shall adopt rules for the labeling of such a drug.
B) A crime under this section is a state jail felony. B) An offense under this section is a Class B misdemeanor, unless it is proven in the defendant's trial that the defendant has been previously convicted of an offense under this chapter, in which case the offense is a Class A misdemeanor. B- The prescribing professional is not responsible for an action or omission of a pharmacist when dispensing a hazardous medication under subsection (b-. C) An offense under this section is a Class B misdemeanor, unless it is proven in the defendant's trial that the defendant has been previously convicted under this chapter, in which case the offense is a Class A misdemeanor.
B) If a dangerous drug is seized under Subsection (a), the board may order a board employee or authorized peace officer to destroy the drug. The employee or law enforcement officer authorized to destroy the drug must act in the presence of another board employee or authorized peace officer and will destroy the drug in a manner designated by the board as appropriate. B) A prescription issued under this section is deemed to have been issued for a legitimate medical purpose in the usual course of professional practice. B) A prescription filled under this section is considered filled for a legitimate medical purpose in the usual course of professional practice.
Except as provided in subsection E of this section, a person who is convicted of a violation of subsection A, paragraph 1, 3 or 6 and who has not been previously convicted of any felony or who has not been sentenced pursuant to section 13-703, section 13-704, section 13-706, subsection A, section 13-708, subsection D or any other law that renders the convicted person ineligible for parole is eligible for parole. The alleged term imposed pursuant to subsection E of this section may be mitigated or aggravated pursuant to section 13-701, subsections D and E. Officers have no way of knowing if you had a valid prescription, if you discarded the bottle, the medications arrived. A first offense for possession of dangerous drugs can mean up to 3.75 years in prison, especially for offenders considered ineligible for TASC or probation.
Obtains or attempts to obtain a dangerous drug by using a falsified, fictitious, or altered prescription;. V) the name of the patient and, if the medication is prescribed for an animal, a statement of the species of the animal; and. Some of these relate directly to the drug itself, while other defenses focus on your constitutional rights. Needless to say, then, that if you were in possession of a valid prescription at the time of your arrest, you have a viable defense to a charge of possession of a dangerous drug.
Today's post will describe what a dangerous drug really is and what you can expect if you are charged with possession. Depending on the drug in question and the quantity manufactured, this can be a very serious charge, leading to heavy fines and time in prison. Although one could argue that all drugs (even legal ones) are dangerous in certain quantities, the state of Arizona has a much narrower definition of what constitutes a “dangerous drug.”. A medicine can be dangerous if you carry it in your jacket pocket, in a different bottle than the one that came in the pharmacy, without a prescription.
With so much at stake, it's important that you hire a dangerous drug defense attorney with a proven track record of success. The Xanax penalty group in Texas is Penalty Group 3, which provides an example of one of many drugs that can be legally prescribed, but are still considered a controlled hazardous substance with heavy penalties if illegally used, distributed, or maintained with the intention of distributing them. C) participation in drug and device selection as authorized by law, drug administration, drug regimen review, or drug-related research;. Every case is different; you need a drug defense attorney with an experienced eye to identify all the potential problems in each case.
If the commissioner of state health services has convincing evidence that there is an immediate danger to public health as a result of the prescription of a hazardous drug by professionals described in Section 483.001 (1 (C)), the commissioner may use the commissioner's existing emergency authority to limit the availability of the medication by allowing it to be prescribed only by professionals described in Section 483.001 (1 (A), (B) or (D). . .
