The selling of prescription drugs is unlawful in Arizona. In order for the prosecution of this charge the state needs prove beyond a reasonable doubt the following:
- The accused knowingly possessed a prescription-only drug.
- The substance was a prescription-only drug.
- The accused did not posses a lawful license or permit to possess that drug, and
- The possession was to make a sale.
Sales has been defined as an exchange for anything of value or advantage, now or in the future. This can be money, objects, land, or anything of value the parties agree.
Knowingly is the mental which the State must prove. For example, if the prescription-only drug is found in a vehicle the accused is found in, mere presence is not sufficient to convict. The accused must know that the drug is in the vehicle.
Possession of Prescription-only drugs for sale is a class six felony.
A person shall not knowingly administer to another a prescription-only drugs unlawfully.
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