When someone is charged with possession of equipment and chemicals for the manufacture of a prescription-only drug, the state must prove:
- The accused knowingly possessed equipment and chemicals,
- to manufacture a prescription-only drug,
- without a valid license or permit.
The definition of manufacture includes to produce, prepare, propagate, compound, mix or process, directly or indirectly, by extraction from substances of natural origin or independently by means of chemicals synthesis, or by a combination of extraction and chemical synthesis.
Manufacture includes any packaging or labeling of containers. It does not include any producing, preparing, propagating, compounding, mixing, processing, packaging or labeling pursuant to law and by a licensed practitioner in the course of his licensed practice.
The penalty for Possession of Equipment and Chemicals to Manufacture Prescription Only Drug A.R.S.13-3406 is a class one misdemeanor.
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