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Selling Fake Drugs Law In Arizona

Section 13-3453(A) provides, "It is unlawful for a person to manufacture, distribute or possess with intent to distribute an imitation controlled substance." "Imitation controlled substance" is defined in A.R.S. § 13-3451(4) as

a drug, substance or immediate precursor which does or does not contain a controlled substance that by texture, consistency or color or dosage unit appearance as evidenced by color, shape, size or markings, apart from any other representations, packaging or advertisements, would lead a reasonable person to believe that the substance is a controlled substance but it is a counterfeit preparation.

An "imitation controlled substance" is thus essentially one that so closely resembles a controlled substance as to constitute a counterfeit.

Section 13-3452 provides:

A. If a dosage unit is in the form of a powder or liquid or if the appearance of a dosage unit is not otherwise reasonably sufficient to establish that a substance is an imitation controlled substance, . . . the representations made in connection with the substance or drug shall be considered in addition to all other logically relevant factors in determining whether the substance or drug is an imitation controlled substance . . .

B. For the purposes of this section, representations made in connection with any substance or drug whose status is uncertain include:

1. Statements made by an owner or by anyone else in control of the substance or drug concerning the nature of the substance or drug, or its use or effect.

3. Whether the substance or drug is packaged in a manner normally used for imitation controlled substances. . . .

4. Evasive tactics or actions utilized by the owner or person in control of the substance or drug to avoid detection by law enforcement agencies.

Whether a statute is unconstitutionally vague is generally determined by examining its application to the facts of the particular case. Norton v. Superior Court, 171 Ariz. 155, 157, 829 P.2d 345, 347 (App. 1992).

"Substance" is defined as "a. That which has mass, occupies space, and can be perceived by the senses: MATTER: b. A material of a particular kind or constitution." Webster's II New College Dictionary 1099 (1999). Though the term is broad by definition, this does not make it vague.

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