13-3401

13-3401. Definitions

In this chapter, unless the context otherwise requires:

1. "Administer" means to apply, inject or facilitate the inhalation or ingestion of
a substance to the body of a person.

2. "Amidone" means any substance identified chemically as
(4-4-diphenyl-6-dimethylamine-heptanone-3), or any salt of such substance, by whatever
trade name designated.

3. "Board" means the Arizona state board of pharmacy.

4. "Cannabis" means the following substances under whatever names they may be
designated:

(a) The resin extracted from any part of a plant of the genus cannabis, and every
compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds
or its resin. Cannabis does not include oil or cake made from the seeds of such plant,
any fiber, compound, manufacture, salt, derivative, mixture or preparation of the mature
stalks of such plant except the resin extracted from the stalks or any fiber, oil or cake
or the sterilized seed of such plant which is incapable of germination.

(b) Every compound, manufacture, salt, derivative, mixture or preparation of such
resin or tetrahydrocannabinol.

5. "Coca leaves" means cocaine, its optical isomers and any compound, manufacture,
salt, derivative, mixture or preparation of coca leaves, except derivatives of coca
leaves which do not contain cocaine, ecgonine or substances from which cocaine or
ecgonine may be synthesized or made.

6. "Dangerous drug" means the following by whatever official, common, usual,
chemical or trade name designated:

(a) Any material, compound, mixture or preparation which contains any quantity of
the following hallucinogenic substances and their salts, isomers and salts of isomers,
unless specifically excepted, whenever the existence of such salts, isomers and salts of
isomers is possible within the specific chemical designation:

(i) Alpha-ethyltryptamine.

(ii) Aminorex.

(iii) 4-bromo-2, 5-dimethoxyphenethylamine.

(iv) 4-bromo-2, 5-dimethoxyamphetamine.

(v) Bufotenine.

(vi) Diethyltryptamine.

(vii) 2, 5-dimethoxyamphetamine.

(viii) Dimethyltryptamine.

(ix) 5-methoxy-3, 4-methylenedioxyamphetamine.

(x) 4-methyl-2, 5-dimethoxyamphetamine.

(xi) Ibogaine.

(xii) Lysergic acid amide.

(xiii) Lysergic acid diethylamide.

(xiv) Mescaline.

(xv) 4-methoxyamphetamine.

(xvi) Methoxymethylenedioxyamphetamine (MMDA).

(xvii) Methylenedioxyamphetamine (MDA).

(xviii) 3, 4-methylenedioxymethamphetamine.

(xix) 3, 4-methylenedioxy-N-ethylamphetamine.

(xx) N-ethyl-3-piperidyl benzilate (JB-318).

(xxi) N-hydroxy-3, 4-methylenedioxyamphetamine.

(xxii) N-methyl-3-piperidyl benzilate (JB-336).

(xxiii) N-(1-phenylcyclohexyl) ethylamine (PCE).

(xxiv) Nabilone.

(xxv) 1-(1-phenylcyclohexyl) pyrrolidine (PHP).

(xxvi) 1-(1-(2-thienyl)-cyclohexyl) piperidine (TCP).

(xxvii) 1-(1-(2-thienyl)-cyclohexyl) pyrrolidine.

(xxviii) Para-methoxyamphetamine (PMA).

(xxix) Psilocybin.

(xxx) Psilocyn.

(xxxi) Synhexyl.

(xxxii) Trifluoromethylphenylpiperazine (TFMPP).

(xxxiii) Trimethoxyamphetamine (TMA).

(b) Any material, compound, mixture or preparation which contains any quantity of
the following substances and their salts, optical isomers, and salts of optical isomers
having a potential for abuse associated with a stimulant effect on the central nervous
system:

(i) Amphetamine.

(ii) Benzphetamine.

(iii) Benzylpiperazine (BZP).

(iv) Butorphanol.

(v) Cathine ((+)-norpseudoephedrine).

(vi) Cathinone.

(vii) Chlorphentermine.

(viii) Clortermine.

(ix) Diethylpropion.

(x) Fencamfamin.

(xi) Fenethylline.

(xii) Fenproporex.

(xiii) Mazindol.

(xiv) Mefenorex.

(xv) Methamphetamine.

(xvi) Methcathinone.

(xvii) 4-methylaminorex.

(xviii) Methylphenidate.

(xix) Modafinil.

(xx) N-ethylamphetamine.

(xxi) N, N-dimethylamphetamine.

(xxii) Pemoline.

(xxiii) Phendimetrazine.

(xxiv) Phenmetrazine.

(xxv) Phentermine.

(xxvi) Pipradol.

(xxvii) Propylhexedrine.

(xxviii) Pyrovalerone.

(xxix) Sibutramine.

(xxx) Spa ((-)-1-dimethylamino-1,2-diphenylethane).

(c) Any material, compound, mixture or preparation which contains any quantity of
the following substances having a potential for abuse associated with a depressant effect
on the central nervous system:

(i) Any substance which contains any quantity of a derivative of barbituric acid,
or any salt of a derivative of barbituric acid, unless specifically excepted.

(ii) Alprazolam.

(iii) Bromazepam.

(iv) Camazepam.

(v) Carisoprodol.

(vi) Chloral betaine.

(vii) Chloral hydrate.

(viii) Chlordiazepoxide.

(ix) Chlorhexadol.

(x) Clobazam.

(xi) Clonazepam.

(xii) Clorazepate.

(xiii) Clotiazepam.

(xiv) Cloxazolam.

(xv) Delorazepam.

(xvi) Diazepam.

(xvii) Dichloralphenazone.

(xviii) Estazolam.

(xix) Ethchlorvynol.

(xx) Ethinamate.

(xxi) Ethyl loflazepate.

(xxii) Fenfluramine.

(xxiii) Fludiazepam.

(xxiv) Flunitrazepam.

(xxv) Flurazepam.

(xxvi) Gamma hydroxy butyrate.

(xxvii) Glutethimide.

(xxviii) Halazepam.

(xxix) Haloxazolam.

(xxx) Ketamine.

(xxxi) Ketazolam.

(xxxii) Loprazolam.

(xxxiii) Lorazepam.

(xxxiv) Lormetazepam.

(xxxv) Lysergic acid.

(xxxvi) Mebutamate.

(xxxvii) Mecloqualone.

(xxxviii) Medazepam.

(xxxix) Meprobamate.

(xl) Methaqualone.

(xli) Methohexital.

(xlii) Methyprylon.

(xliii) Midazolam.

(xliv) Nimetazepam.

(xlv) Nitrazepam.

(xlvi) Nordiazepam.

(xlvii) Oxazepam.

(xlviii) Oxazolam.

(xlix) Paraldehyde.

(l) Petrichloral.

(li) Phencyclidine.

(lii) Pinazepam.

(liii) Prazepam.

(liv) Scopolamine.

(lv) Sulfondiethylmethane.

(lvi) Sulfonethylmethane.

(lvii) Sulfonmethane.

(lviii) Quazepam.

(lix) Temazepam.

(lx) Tetrazepam.

(lxi) Tiletamine.

(lxii) Triazolam.

(lxiii) Zaleplon.

(lxiv) Zolazepam.

(lxv) Zolpidem.

(d) Any material, compound, mixture or preparation which contains any quantity of
the following anabolic steroids and their salts, isomers or esters:

(i) Boldenone.

(ii) Clostebol (4-chlorotestosterone).

(iii) Dehydrochloromethyltestosterone.

(iv) Drostanolone.

(v) Ethylestrenol.

(vi) Fluoxymesterone.

(vii) Formebulone (formebolone).

(viii) Mesterolone.

(ix) Methandriol.

(x) Methandrostenolone (methandienone).

(xi) Methenolone.

(xii) Methyltestosterone.

(xiii) Mibolerone.

(xiv) Nandrolone.

(xv) Norethandrolon.

(xvi) Oxandrolone.

(xvii) Oxymesterone.

(xviii) Oxymetholone.

(xix) Stanolone (4-dihydrotestosterone).

(xx) Stanozolol.

(xxi) Testolactone.

(xxii) Testosterone.

(xxiii) Trenbolone.

7. "Deliver" means the actual, constructive or attempted exchange from one person
to another, whether or not there is an agency relationship.

8. "Director" means the director of the department of health services.

9. "Dispense" means distribute, leave with, give away, dispose of or deliver.

10. "Drug court program" means a program that is established pursuant to section
13-3422 by the presiding judge of the superior court in cooperation with the county
attorney in a county for the purpose of prosecuting, adjudicating and treating drug
dependent persons who meet the criteria and guidelines for entry into the program that
are developed and agreed on by the presiding judge and the prosecutor.

11. "Drug dependent person" means a person who is using a substance that is listed
in paragraph 6, 19, 20, 21 or 28 of this section and who is in a state of psychological
or physical dependence, or both, arising from the use of that substance.

12. "Federal act" has the same meaning prescribed in section 32-1901.

13. "Isoamidone" means any substance identified chemically as
(4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3), or any salt of such substance, by
whatever trade name designated.

14. "Isonipecaine" means any substance identified chemically as
(1-methyl-4-phenyl-piperidine-4-carboxylic acid ethyl ester), or any salt of such
substance, by whatever trade name designated.

15. "Ketobemidone" means any substance identified chemically as
(4-(3-hydroxyphenyl)-1-methyl-4-piperidylethyl ketone hydrochloride), or any salt of such
substance, by whatever trade name designated.

16. "Licensed" or "permitted" means authorized by the laws of this state to do
certain things.

17. "Manufacture" means produce, prepare, propagate, compound, mix or process,
directly or indirectly, by extraction from substances of natural origin or independently
by means of chemical synthesis, or by a combination of extraction and chemical
synthesis. Manufacture includes any packaging or repackaging or labeling or relabeling
of containers. Manufacture does not include any producing, preparing, propagating,
compounding, mixing, processing, packaging or labeling done in conformity with applicable
state and local laws and rules by a licensed practitioner incident to and in the course
of his licensed practice.

18. "Manufacturer" means a person who manufactures a narcotic or dangerous drug or
other substance controlled by this chapter.

19. "Marijuana" means all parts of any plant of the genus cannabis, from which the
resin has not been extracted, whether growing or not, and the seeds of such
plant. Marijuana does not include the mature stalks of such plant or the sterilized seed
of such plant which is incapable of germination.

20. "Narcotic drugs" means the following, whether of natural or synthetic origin and
any substance neither chemically nor physically distinguishable from them:

(a) Acetyl-alpha-methylfentanyl.

(b) Acetylmethadol.

(d) Allylprodine.

(e) Alphacetylmethadol.

(f) Alphameprodine.

(g) Alphamethadol.

(h) Alpha-methylfentanyl.

(i) Alpha-methylthiofentanyl.

(j) Alphaprodine.

(k) Amidone (methadone).

(l) Anileridine.

(m) Benzethidine.

(n) Benzylfentanyl.

(o) Betacetylmethadol.

(p) Beta-hydroxyfentanyl.

(q) Beta-hydroxy-3-methylfentanyl.

(r) Betameprodine.

(s) Betamethadol.

(t) Betaprodine.

(u) Bezitramide.

(v) Buprenorphine and its salts.

(w) Cannabis.

(x) Carfentanil.

(y) Clonitazene.

(z) Coca leaves.

(aa) Dextromoramide.

(bb) Dextropropoxyphene.

(cc) Diampromide.

(dd) Diethylthiambutene.

(ee) Difenoxin.

(ff) Dihydrocodeine.

(gg) Dimenoxadol.

(hh) Dimepheptanol.

(ii) Dimethylthiambutene.

(jj) Dioxaphetyl butyrate.

(kk) Diphenoxylate.

(ll) Dipipanone.

(mm) Ethylmethylthiambutene.

(nn) Etonitazene.

(oo) Etoxeridine.

(pp) Fentanyl.

(qq) Furethidine.

(rr) Hydroxypethidine.

(ss) Isoamidone (isomethadone).

(tt) Pethidine (meperidine).

(uu) Ketobemidone.

(vv) Levomethorphan.

(ww) Levomoramide.

(xx) Levophenacylmorphan.

(yy) Levorphanol.

(zz) Metazocine.

(aaa) 3-methylfentanyl.

(bbb) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP).

(ccc) 3-methylthiofentanyl.

(ddd) Morpheridine.

(eee) Noracymethadol.

(fff) Norlevorphanol.

(ggg) Normethadone.

(hhh) Norpipanone.

(iii) Opium.

(jjj) Para-fluorofentanyl.

(kkk) Pentazocine.

(lll) Phenadoxone.

(mmm) Phenampromide.

(nnn) Phenazocine.

(ooo) 1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine (PEPAP).

(ppp) Phenomorphan.

(qqq) Phenoperidine.

(rrr) Piminodine.

(sss) Piritramide.

(ttt) Proheptazine.

(uuu) Properidine.

(vvv) Propiram.

(www) Racemethorphan.

(xxx) Racemoramide.

(yyy) Racemorphan.

(zzz) Remifentanil.

(aaaa) Sufentanil.

(bbbb) Thenylfentanyl.

(cccc) Thiofentanyl.

(dddd) Tilidine.

(eeee) Trimeperidine.

21. "Opium" means any compound, manufacture, salt, isomer, salt of isomer,
derivative, mixture or preparation of the following, but does not include apomorphine or
any of its salts:

(a) Acetorphine.

(b) Acetyldihydrocodeine.

(d) Codeine.

(e) Codeine methylbromide.

(f) Codeine-N-oxide.

(g) Cyprenorphine.

(h) Desomorphine.

(i) Dihydromorphine.

(j) Drotebanol.

(k) Ethylmorphine.

(l) Etorphine.

(m) Heroin.

(n) Hydrocodone.

(o) Hydromorphinol.

(p) Hydromorphone.

(q) Levo-alphacetylmethadol.

(r) Methyldesorphine.

(s) Methyldihydromorphine.

(t) Metopon.

(u) Morphine.

(v) Morphine methylbromide.

(w) Morphine methylsulfonate.

(x) Morphine-N-oxide.

(y) Myrophine.

(z) Nalorphine.

(aa) Nicocodeine.

(bb) Nicomorphine.

(cc) Normorphine.

(dd) Oxycodone.

(ee) Oxymorphone.

(ff) Pholcodine.

(gg) Thebacon.

(hh) Thebaine.

22. "Ordinary ephedrine, pseudoephedrine, (-)-norpseudoephedrine or
phenylpropanolamine product" means a product that contains ephedrine, pseudoephedrine,
(-)-norpseudoephedrine or phenylpropanolamine and that is all of the following:

(a) Approved for sale under the federal act.

(b) Labeled, advertised and marketed only for an indication that is approved by the
federal food and drug administration.

(i) A nonliquid that is sold in package sizes of not more than three grams of
ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenlypropanolamine and that is
packaged in blister packs containing not more than two dosage units or, if the use of
blister packs is technically infeasible, that is packaged in unit dose packets or
pouches.

(ii) A liquid that is sold in package sizes of not more than three grams of
ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine.

23. "Peyote" means any part of a plant of the genus lophophora, known as the mescal
button.

24. "Pharmacy" means a licensed business where drugs are compounded or dispensed by
a licensed pharmacist.

25. "Practitioner" means a person licensed to prescribe and administer drugs.

26. "Precursor chemical I" means any material, compound, mixture or preparation
which contains any quantity of the following substances and their salts, optical isomers
or salts of optical isomers:

(a) N-acetylanthranilic acid.

(b) Anthranilic acid.

(d) Ergotamine.

(e) Isosafrole.

(f) Lysergic acid.

(g) Methylamine.

(h) N-ethylephedrine.

(i) N-ethylpseudoephedrine.

(j) N-methylephedrine.

(k) N-methylpseudoephedrine.

(l) Norephedrine.

(m) (-)-Norpseudoephedrine.

(n) Phenylacetic acid.

(o) Phenylpropanolamine.

(p) Piperidine.

(q) Pseudoephedrine.

27. "Precursor chemical II" means any material, compound, mixture or preparation
which contains any quantity of the following substances and their salts, optical isomers
or salts of optical isomers:

(a) 4-cyano-2-dimethylamino-4, 4-diphenyl butane.

(b) 4-cyano-1-methyl-4-phenylpiperidine.

(d) Chlorpseudoephedrine.

(e) Ethyl-4-phenylpiperidine-4-carboxylate.

(f) 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid.

(g) 1-methyl-4-phenylpiperidine-4-carboxylic acid.

(h) N-formyl amphetamine.

(i) N-formyl methamphetamine.

(j) Phenyl-2-propanone.

(k) 1-piperidinocyclohexane carbonitrile.

(l) 1-pyrrolidinocyclohexane carbonitrile.

28. "Prescription-only drug" does not include a dangerous drug or narcotic drug but
means:

(a) Any drug which because of its toxicity or other potentiality for harmful
effect, or the method of its use, or the collateral measures necessary to its use, is not
generally recognized among experts, qualified by scientific training and experience to
evaluate its safety and efficacy, as safe for use except by or under the supervision of a
medical practitioner.

(b) Any drug that is limited by an approved new drug application under the federal
act or section 32-1962 to use under the supervision of a medical practitioner.

(c) Every potentially harmful drug, the labeling of which does not bear or contain
full and adequate directions for use by the consumer.

(d) Any drug required by the federal act to bear on its label the legend
"Caution: Federal law prohibits dispensing without prescription" or "Rx only".

29. "Produce" means grow, plant, cultivate, harvest, dry, process or prepare for
sale.

30. "Regulated chemical" means the following substances in bulk form that are not a
useful part of an otherwise lawful product:

(a) Acetic anhydride.

(b) Hypophosphorous acid.

(d) Sodium acetate.

(e) Red phosphorus.

(f) Gamma butyrolactone (GBL).

(g) 1, 4-butanediol.

(h) Butyrolactone.

(i) 1, 2 butanolide.

(j) 2-oxanalone.

(k) Tetrahydro-2-furanone.

(l) Dihydro-2(3H)-furanone.

(m) Tetramethylene glycol.

31. "Retailer" means either:

(a) A person other than a practitioner who sells any precursor chemical or
regulated chemical to another person for purposes of consumption and not resale, whether
or not the person possesses a permit issued pursuant to title 32, chapter 18.

(b) A person other than a manufacturer or wholesaler who purchases, receives or
acquires more than twenty-four grams of a precursor chemical.

32. "Sale" or "sell" means an exchange for anything of value or advantage, present
or prospective.

33. "Sale for personal use" means the retail sale for a legitimate medical use in a
single transaction to an individual customer, to an employer for dispensing to employees
from first aid kits or medicine chests or to a school for administration pursuant to
section 15-344.

34. "Scientific purpose" means research, teaching or chemical analysis.

35. "Suspicious transaction" means a transaction to which any of the following
applies:

(a) A report is required under the federal act.

(b) The circumstances would lead a reasonable person to believe that any person is
attempting to possess a precursor chemical or regulated chemical for the purpose of
unlawful manufacture of a dangerous drug or narcotic drug, based on such factors as the
amount involved, the method of payment, the method of delivery and any past dealings with
any participant.

(c) The transaction involves payment for precursor or regulated chemicals in cash
or money orders in a total amount of more than two hundred dollars.

(d) The transaction involves a sale, a transfer or furnishing to a retailer for
resale without a prescription of ephedrine, pseudoephedrine, (-)-norpseudoephedrine or
phenylpropanolamine that is not an ordinary ephedrine, pseudoephedrine,
(-)-norpseudoephedrine or phenylpropanolamine product.

36. "Threshold amount" means a weight, market value or other form of measurement of
an unlawful substance as follows:

(a) One gram of heroin.

(b) Nine grams of cocaine.

(d) Four grams or 50 milliliters of PCP.

(e) Nine grams of methamphetamine, including methamphetamine in liquid suspension.

(f) Nine grams of amphetamine, including amphetamine in liquid suspension.

(g) One-half milliliter of lysergic acid diethylamide, or in the case of blotter
dosage units fifty dosage units.

(h) Two pounds of marijuana.

(i) For any combination consisting solely of those unlawful substances listed in
subdivisions (a) through (h) of this paragraph, an amount equal to or in excess of the
threshold amount, as determined by the application of section 13-3420.

(j) For any unlawful substance not listed in subdivisions (a) through (h) of this
paragraph or any combination involving any unlawful substance not listed in subdivisions
(a) through (h) of this paragraph, a value of at least one thousand dollars.

37. "Transfer" means furnish, deliver or give away.

38. "Vapor-releasing substance containing a toxic substance" means a material which
releases vapors or fumes containing any of the following:

(a) Ketones, including acetone, methyl ethyl ketone, mibk, miak, isophorone and
mesityl oxide.

(b) Hydrocarbons, including propane, butane, pentane, hexane, heptane and
halogenated hydrocarbons.

(d) Pentachlorophenol.

(e) Chloroform.

(f) Methylene chloride.

(g) Trichloroethylene.

(h) Difluoroethane.

(i) Tetrafluoroethane.

(j) Aldehydes, including formaldehyde.

(k) Acetates, including ethyl acetate and butyl acetate.

(l) Aromatics, including benzene, toluene, xylene, ethylbenzene and cumene.

(m) Alcohols, including methyl alcohol, ethyl alcohol, isopropyl alcohol, butyl
alcohol and diacetone alcohol.

(n) Ether, including Diethyl ether and petroleum ether.

(o) Nitrous oxide.

(p) Amyl nitrite.

(q) Isobutyl nitrite.

39. "Weight" unless otherwise specified includes the entire weight of any mixture or
substance that contains a detectable amount of an unlawful substance. If a mixture or
substance contains more than one unlawful substance, the weight of the entire mixture or
substance is assigned to the unlawful substance that results in the greater offense. If a
mixture or substance contains lysergic acid diethylamide, the offense that results from
the unlawful substance shall be based on the greater offense as determined by the entire
weight of the mixture or substance or the number of blotter dosage units. For the
purposes of this paragraph, "mixture" means any combination of substances from which the
unlawful substance cannot be removed without a chemical process.

40. "Wholesaler" means a person who in the usual course of business lawfully
supplies narcotic drugs, dangerous drugs, precursor chemicals or regulated chemicals that
he himself has not produced or prepared, but not to a person for the purpose of
consumption by the person, whether or not the wholesaler has a permit that is issued
pursuant to title 32, chapter 18. Wholesaler includes a person who sells, delivers or
dispenses a precursor chemical in an amount or under circumstances that would require
registration as a distributor of precursor chemicals under the federal act.