Prescription Drug Crimes in Arizona: ARS 13-3406

Posted on July 23, 2025 in Arizona Revised Statutes,Drug Crimes

When people think of drug crimes, they often picture illegal or dangerous street drugs. However, in Arizona, a common source of drug-related charges is the misuse of prescription medications.

Arizona Revised Statutes (ARS) 13-3406 is the law that makes illegal procurement, possession, use, sale, manufacture, transport, and administration of prescription drugs punishable. Depending on the seriousness of the charge, conviction for a prescription drug crime in Arizona can be a Class 2 or Class 1 misdemeanor, or a Class 6 or Class 4 felony.

In this article, we consider prescription drug crimes in Arizona, including:

The prevalence of prescription drug abuse in America
How Arizona law defines prescription drug crimes
Arizona and federal penalties for conviction of prescription drug offenses in Arizona
Possible defenses to a prescription drug criminal charge

If you have been charged with a prescription drug crime under ARS 13-3406, please call AZ Defenders immediately at (480) 456-6400 to get premium legal defense.

How Does Arizona Define Prescription-Only Drugs?

ARS 13-3401(28) defines what a prescription-only drug is under Arizona law. It is not a dangerous drug or narcotic drug, as Arizona law defines those terms, but specific types of drugs that are prescribed. Some examples include:

Any drug that, because of its toxicity or potential for harmful effect, or the way it is used, is unsafe for use except by or under the supervision of a medical practitioner.
Drugs that are limited by federal law or Arizona law for use under the supervision of a medical practitioner.
Any potentially harmful drug that does not include full and adequate directions for consumer use on the label.
Any drug that federal law requires to have on its label the warning, “Caution: Federal law prohibits dispensing without prescription” or “Rx only.”

How Does Arizona Define Prescription Drug Crimes?

Relevant Statutory Provision: ARS 13-3406(A)

ARS 13-3406(A)

A person shall not knowingly:

1. Possess or use a prescription-only drug unless the person obtains the prescription-only drug pursuant to a valid prescription of a prescriber who is licensed pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 21, 25, or 29 or is similarly licensed in another state.

2. Unless the person holds a license or a permit issued pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 18, 21, 25, or 29, possess a prescription-only drug for sale.

3. Unless the person holds a license or a permit issued pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 18, 21, 25, or 29, possess equipment and chemicals for the purpose of manufacturing a prescription-only drug.

4. Unless the person holds a license or a permit issued pursuant to title 32, chapter 18, manufacture a prescription-only drug.

5. Administer a prescription-only drug to another person whose possession or use of the prescription-only drug violates this section.

6. Obtain or procure the administration of a prescription-only drug by fraud, deceit, misrepresentation, or subterfuge.

7. Unless the person is authorized, transport for sale, import into this state, or offer to transport for sale or import into this state, sell, transfer, or offer to sell or transfer a prescription-only drug.

8. Possess or use a misbranded drug.

9. Manufacture, sell, or distribute a misbranded drug.

Explanation of the Statute

ARS 13-3406(A) makes it illegal to knowingly:

Possess or use a prescription-only drug unless you have obtained it under a valid prescription from a licensed prescriber in Arizona or one who is similarly licensed in another state.
To possess a prescription-only drug for sale, unless you have a valid license or permit in Arizona.
To possess equipment or chemicals to manufacture a prescription-only drug, or to manufacture one, unless you have a valid license or permit.
To administer a prescription-only drug to another person when that person’s possession of that drug would violate ARS 13-3406.
To obtain or procure the administration of a prescription-only drug by fraud, deceit, misrepresentation, or subterfuge.
To transport a prescription-only drug for sale, to import a prescription-only drug into Arizona, or to offer to do either, unless authorized to do so.
To possess or use a misbranded drug.

Examples of Prescription Drug Crimes in Arizona

Some specific ways that people violate ARS 13-3406 include:

Self-medicating by obtaining prescription drugs without a prescription or by abusing a prescription
Altering or forging prescriptions
Making copies of valid prescriptions
Filling prescriptions for someone else
Writing prescriptions for non-medical purposes
Possessing a prescribed medication for recreational use
Doctor shopping (visiting different doctors to obtain more drugs)
Selling or providing drugs prescribed to you to someone else
Stealing prescription pads
Making or illegally selling an imitation prescription-only drug

Who is Authorized to Sell or Administer Prescription Drugs in Arizona?

ARS 13-3406 indirectly refers to the types of individuals who can lawfully possess prescription drugs for sale and distribution. These include:

Medical doctors
Naturopathic and homeopathic physicians
Surgeons
Dentists
Optometrists and opticians
Podiatrists
Pharmacists
Veterinarians
Physician assistants

Arizona Penalties for Prescription Drug Abuse

Penalties for prescription drug abuse vary depending on the situation. For instance, possessing a drug for personal use typically carries lighter consequences than possessing it for sale or being involved in making, selling, or distributing a misbranded prescription drug.

Below are various penalties in increasing degrees of the severity of consequences after a conviction.

Possession or Use of a Misbranded Drug

Under ARS 13-3406(B)(4), possession or misuse is a Class 2 misdemeanor offense, which is the least serious prescription drug crime in Arizona.

ARS 32-1967 lists several examples of what constitutes a misbranded drug, including false or misleading labeling, labeling that is an imitation of another drug, or inaccurate labels in terms of weight, measure, or numerical count.

Unlawful Possession for Use, Manufacture, or Administration of Prescription Drugs

The following activities are Class 1 misdemeanors under ARS 13-3406(B)(3):

Possession or use of a prescription drug without a valid prescription
Possessing equipment and chemicals needed to manufacture a prescription-only drug without a valid license
Manufacturing a prescription-only drug without a valid license or permit
Administering a prescription drug to someone else when that person’s possession or use would be unlawful
Obtaining or procuring the administration of a prescription drug by fraud, deceit, misrepresentation, or subterfuge

Unlawful possession of a prescription drug can be constructive or actual:

Constructive possession means the prescription drugs were in your vehicle or bedroom.
Actual possession means the drugs were on your person, such as in a purse or in your clothing.

There are many ways to be found to have committed fraudulent or deceptive activity when obtaining prescription drugs. Examples include:

Forging a drug prescription
Stealing a prescription pad from a person who has a license or permit to sell or distribute prescription-only drugs
Altering or changing an existing prescription
Using another person’s identity details to obtain prescription drugs without a prescription
Using fake credentials with a doctor or any other health expert to order a prescription-only drug

Possession or Import for Sale; Unlawful Transport for Sale or Transfer

Under ARS 13-3406(B)(2), it is a Class 6 felony to:

Possess a prescription-only drug for sale unless you have a valid license or permit
Sell or offer to sell a prescription-only drug without authorization
Transporting, offering to transport, or importing a prescription-only drug for sale without proper authorization.
Transfer or offer to transfer a prescription-only drug without authorization

Presumption of intent to sell can arise if you are arrested with an amount of prescription drugs more than a threshold amount.

ARS 13-3401(36)(k) defines the threshold amount for unlawful drug trafficking of prescription-only drugs to be an amount with a value of at least $1,000.

Manufacture, Sale, or Distribution of a Misbranded Drug

Manufacturing, selling, or distributing a misbranded prescription drug is a Class 4 felony in Arizona under ARS 13-340(B)(1).

First-Time Offender Penalties for Violation of ARS 13-3406

Charge	Class of Crime	Penalties
Possession or use of a misbranded drug	Class 2 Misdemeanor	Up to 4 months of a jail sentence.
Unlawful Possession for Use, Manufacture, or Administration of Prescription DrugsObtaining prescription drugs by fraud, deceit, misrepresentation, or subterfuge	Class 1 misdemeanor	Up to 6 months in jail.Maximum fine of up to $2,500, plus possible surcharges.
Possession without authorization of prescription drugs for sale, import, transport, or transfer	Class 6 felony	Presumptive prison term of 1 year.Minimum term of six months, maximum 1.5 years.Mitigating circumstances can reduce the prison sentence to 4 months; aggravating circumstances can increase it to 2 years.As a condition of probation, not less than 240 hours of community restitution combined with counseling, rehabilitation, or treatment for alcohol or drug abuse.
Manufacture, sale, or distribution of a misbranded drug	Class 4 felony	Presumptive prison sentence of 2.5 years. Minimum sentence of 1 year, maximum of 3.75 years.

Additional penalties under ARS 13-3406 include:

A mandatory fine of $1,000.
For a felony violation, no use of marijuana, or any dangerous or narcotic drug, or a prescription-only drug, unless lawfully administered. Any probation or release is subject to drug testing during the probationary term or before the expiration of the sentence imposed.
Under Arizona law, first and second-time drug possession offenders are generally not subject to a jail term. Instead, the judge may order any or all of community service, probation, and drug treatment.
For repeat offenders convicted of manufacturing or selling prescription drugs, a prison term is likely.

Prescription Drug Diversion Programs

For non-violent charges involving prescription-only drug violations, it may be possible to negotiate with the prosecution to participate in a drug diversion program instead of going to trial. The benefit of this option is that by completing voluntary drug treatment, you can avoid having a drug conviction on your record.

The prosecution is not obligated to offer diversion. Whether you receive such an offer depends on several considerations, including:

Your prior history of criminal convictions, if any
The quantity of prescription drugs involved, and whether they were for personal use or for sale
Other facts surrounding your arrest, such as whether other criminal charges are involved

As long as you comply with the terms of your pretrial diversion, you can avoid a prescription drug crime conviction. However, violation of these terms can lead to the diversion being revoked and becoming subject to the normal criminal prosecution process.

Federal Charges for Illegal Prescription Drug Possession

Federal law may apply to prescription drug abuse, especially if the circumstances involve interstate transportation of the drugs.

Defenses to a Criminal Prescription Drug Abuse Charge

Depending on the facts surrounding the arrest for a prescription drug criminal charge, you may have one or more of the following possible legal defenses.

The Drug Was Not a Prescription-Only Drug

It is up to the prosecution to prove that the drug involved was, in fact, a prescription-only drug and not some other substance. If lab tests do not prove the substance was a prescription-only drug, this is a valid defense to a prosecution under ARS 13-3406.

You Had a Valid Prescription

Having a valid prescription for the drugs you were arrested for possessing and/or using is a strong legal defense that can result in an acquittal for any charge under ARS 13-3406.

The Prescription Drugs Did Not Belong to You

Most charges under ARS 13-3406 are based on the prosecution proving that you possessed the prescription drugs in question, or the equipment and chemicals needed to make them.

If the case is based on constructive possession, the prosecution must prove beyond a reasonable doubt that you knowingly had control over the prescription drugs.

If others were present at the time of the arrest, showing that the drugs belonged to someone else—and not in your actual or constructive possession—can create reasonable doubt and weaken the prosecution’s case.

The Amount of Prescription Drugs Was Below the Threshold Amount

If you are being charged with possession of prescription drugs with the intent to sell, you can cast reasonable doubt that the quantity of drugs involved was less than the threshold amount, which can be a viable defense to that specific charge of being in possession of an amount greater than the statutory threshold.

Evidentiary Irregularities

The police and the prosecution must carefully handle all physical evidence gathered against you in an unlawful prescription drug case. If you can raise reasonable doubt about whether the police properly tested, labeled, stored, or handled the evidence, you may have a strong defense based on a broken chain of custody.

Similarly, if the police filed an inaccurate or false police report in connection with your case, or your criminal defense attorney can point out other discrepancies or inconsistencies in the material, testimonial, or circumstantial evidence against you, these can all create reasonable doubt in the validity of the case against you.

Violations of Your Constitutional Rights

The police must follow precise legal requirements in gathering evidence against you and in how they treat you when you are in police custody. If they fail to observe these requirements, this can open the door to a legal defense based on violations of your rights under the United States Constitution and/or the Arizona State Constitution.

For example, if the police fail to inform you of your Miranda rights at the proper time, like your right to remain silent or to have an attorney present during custodial questioning, or if they violate those rights after informing you of them, these can be effective in having the case against you dismissed.

Other possible constitutionally based defenses may include lack of reasonable suspicion or probable cause, illegal search and seizure, and in some very rare instances, entrapment.

Have You Been Charged With Illegal Possession of Prescription Drugs?

If you are facing a charge of prescription drug abuse, having a lawyer who has extensive knowledge and experience defending against drug crime cases is essential to protecting your legal rights.

An experienced AZ Defenders drug possession defense lawyer can answer your questions if you have been arrested for a prescription drug offense. In a free initial consultation, we will help you clearly assess the case against you, so you can know what to expect and plan for possible pretrial negotiations and your legal defense.

If you have been arrested or charged with drug possession, call AZ Defenders right away at (480) 456-6400 or use our online contact form to ask us a question or schedule a free consultation.