What is sell, transfer or to import prescription-only drug
Arizona law makes it unlawful to offer to sell, offer to transfer or offer to import prescription-only drugs. In order to be convicted of such an offer the State must prove;
- The accused knowingly and
- Without lawful authorization,
- either offered to sell, transfer, transport for sale, or offered to import into Arizona, a prescription-only drug.
Transfer means to furnish, deliver or give away. So under this law a person does not need to receive money or anything of value, it can be a gift.
Penalty for Offer to Sell, Transfer, Import a Prescription-Only Drug
The offer to sell, transfer, import a prescription-only drug is a class 6 felony.
Defenses to an Offer to Sell, Transfer, Import a Prescription-Only Drug include:
- not guilty
- no offer was made
- mistaken identity
- The substance was not a prescription-only drug.
- lawful authorization
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