Prescription Drug Charges in Arizona

The drug's category decides which statute applies and how serious the charge is. Here is where some common medications sit in § 13-3401:

• Narcotic drugs (§ 13-3401(20) and (21)): oxycodone, hydrocodone, morphine and codeine (listed under "opium"), methadone (listed as "amidone"), tramadol and fentanyl.
• Dangerous drugs (§ 13-3401(6)): stimulants such as amphetamine and methylphenidate, and depressants such as alprazolam, clonazepam, diazepam, lorazepam and carisoprodol.
• Prescription-only drugs (§ 13-3401(28)): other medications that need a prescription, such as drugs labeled "Rx only," but that are not dangerous or narcotic drugs.

For prescription-only drugs, § 13-3406(A)(1) makes it a crime to knowingly possess or use the drug "unless the person obtains" it under a valid prescription from a licensed prescriber, in Arizona or similarly licensed in another state. The same section covers possession for sale, sale or transfer without authorization, manufacturing, and misbranded drugs.

For dangerous and narcotic drugs, §§ 13-3407(A) and 13-3408(A) make it a crime to knowingly possess or use the drug, possess it for sale, sell or transfer it, or obtain its administration "by fraud, deceit, misrepresentation or subterfuge," among other forms. Section 13-3406(A)(6) has a similar fraud provision for prescription-only drugs.

Misdemeanors. A class 1 misdemeanor carries up to six months in jail (A.R.S. § 13-707(A)) and a fine of up to $2,500 (A.R.S. § 13-802(A)). A class 2 misdemeanor carries up to four months and up to $750 (§ 13-707(A); § 13-802(B)). A § 13-3406 conviction also brings a fine of one thousand dollars that the judge cannot suspend (§ 13-3406(C)).

Felonies. For a first felony offense, A.R.S. § 13-702(D) sets these ranges, from mitigated to aggravated: class 6, .33 to 2 years; class 4, 1 to 3.75 years; class 3, 2 to 8.75 years; class 2, 3 to 12.5 years. A class 6 felony that is not a dangerous offense can sometimes be designated a misdemeanor if the judge finds a felony sentence "unduly harsh" and you have fewer than two prior felonies (A.R.S. § 13-604(A)).

• Probation: With no prior felony and no other disqualifying history, dangerous and narcotic drug possession is eligible for probation (§§ 13-3407(C) and 13-3408(C)). Personal possession may also qualify for Prop 200 probation under A.R.S. § 13-901.01, except in methamphetamine cases.
• Threshold amounts: Amphetamine has a threshold of nine grams (§ 13-3401(36)(e)). For drugs not listed by name in the threshold rules, such as oxycodone or alprazolam, the threshold is a value of at least $1,000 (§ 13-3401(36)(j)). At or above the threshold, dangerous or narcotic drug sale-type convictions are not eligible for probation.
• Fines: At least $1,000 for dangerous drugs and $2,000 for narcotic drugs, or three times the value if greater (§§ 13-3407(H) and 13-3408(J)).

In misdemeanor court, once the State avows it will not seek jail and the judge agrees, there is no right to an appointed lawyer (Ariz. R. Crim. P. 6.1(b); Campa v. Fleming, 134 Ariz. 330 (App. 1982)). On a felony, the right to appointed counsel attaches.

The prescription. If the medication was prescribed to you, the prescription, the pharmacy records and the original bottle can matter a great deal. Under § 13-3406(A)(1), possession is not a crime when the drug was obtained under a valid prescription. A valid prescription can also be central in a dangerous or narcotic drug case.

What the pill actually is. Pills are sometimes identified only by their markings. We check whether a lab confirmed the substance, because the category decides the statute, and counterfeit pills may contain something else.

Knowledge and possession. The State must prove you knowingly possessed the drug. Pills found in a shared car, a family medicine cabinet or someone else's bag can raise real questions.

Sale, transfer or fraud. Giving a pill to a friend can be charged as a transfer, and a fraud charge needs proof of deceit or misrepresentation. Depending on the facts, a forged prescription may also be charged under other laws, such as forgery.

The search and mitigation. If the stop or search was not lawful, your lawyer can ask the court to suppress the evidence. When the evidence is strong, treatment, a diversion program or a misdemeanor outcome may be worth pursuing.