Prescription-Only Drugs

Under A.R.S. § 13-3406, it is unlawful to possess, use, sell, or transfer a prescription-only drug without a valid prescription from a licensed medical practitioner. Prescription-only drugs include medications such as Adderall, Xanax, Valium, Ambien, and other substances that require a prescription under Arizona law.

Penalties

• Possession or use without a valid prescription — Class 1 misdemeanor
• Possession for sale — Class 6 felony
• Manufacturing — Class 1 felony
• Administering to another person — Class 6 felony
• Obtaining a prescription by fraud — Class 6 felony

Defenses

Defenses include demonstrating that the defendant had a valid prescription, challenging the evidence that the defendant knew the substance was prescription-only, and disputing the prosecution’s evidence of intent to sell or distribute.