A.R.S. 13-3406(A)(1) – Possession of Prescription Only Drug in Arizona
Under A.R.S. 13-3406(A)(1), it’s unlawful to knowingly possess a prescription-only drug without a valid prescription from a licensed medical practitioner.
Unfortunately, this law can be strict and unforgiving. Even if it’s a friend or family member’s prescription drug, you can still be charged with unlawful possession. Whether the state can prove your guilt depends on the specific facts and circumstances of your case.
What must the prosecutor prove?
The prosecutor must prove, beyond a reasonable doubt, that you were in knowing possession of a prescription-only drug. It also must be shown that you knew the drug was prescribed.
What is “knowing” possession under Arizona law?
Under A.R.S. 13-105, knowing means that a person is aware of the conduct and circumstances. As such, you must know where the prescription drug is located and that it’s a prescription-only drug.
Possession can be actual or constructive. Actual possession is where you’re found with drugs on your person, clothing, bag, or purse. Constructive possession is where they’re in a place that you had control over; this might be a car, house, or bedroom. Constructive possession is harder to prove because there are several plausible explanations for not knowing about drugs.
What’s a Prescription-Only Drug in Arizona?
A prescription drug can only be obtained using a valid medical prescription. Arizona law provides a more exact definition in A.R.S. § 13-3401(28). It defines a prescription-only drug as any of the following: a drug that must be used under medical supervision; a potentially harmful drug without proper labeling; or, a drug required by federal law to read “Caution: Federal law prohibits dispensing without prescription” or “Rx only”.
What are the penalties for Possession of Prescription Only Drugs in Arizona?
Pursuant to A.R.S. 13-3406(B)(3), unlawful possession of a prescription-only drug is a class 1 misdemeanor. As a class one misdemeanor, it carries up to 6 months in jail, $4575 in fines and surcharges, and 3 years of probation. Counseling treatment, classes, and community service are often ordered. Under A.R.S. 13-3406(C), there’s a mandatory minimum fine for 13-3406(A)(1), which after surcharges, comes to $1,830.
What is Proposition 200 as it applies to Prescription-Only Drug Possession?
Arizona’s proposition 200 prohibits a judge from sentencing jail to first or second time drug offenders. To get jail, you must have a prior violent conviction or two previous drug convictions. If Proposition 200 applies, the judge can only order probation, fines, community service, and drug treatment.
Drug Diversion Programs for Prescription-Only Drug Possession
For most Defendants, diversion and deferred prosecution programs are favored over a plea agreement. That’s because they avoid a criminal conviction. In addition, these programs can often be completed in a few months. Upon successful completion of a diversionary program, drug charges are dismissed and there’s no criminal conviction.
Most of Arizona’s city and justice courts have diversionary programs for those with minimal criminal history. Diversion provides defendants the opportunity to avoid a criminal conviction, so long as they successfully complete the court-sanctioned program. The prosecutor has the sole discretion in allowing you to participate in diversion. Your criminal attorney in Mesa can advocate for diversion admission.
Common Defenses to Possession of Prescription-Only Drugs
Free Consultations on Prescription Drug Charges
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