Navigating Prescription Drug Crimes in Arizona

Prescription drug crimes in Arizona pose a significant concern, as they contribute to the growing problem of substance abuse and illicit drug activities. The misuse of prescription drugs has become a widespread epidemic across the nation, prompting Arizona legislators to enact measures aimed at apprehending individuals engaged in prescription drug crimes.

At The Litwak Law Group, we understand the serious implications of prescription drug offenses and are dedicated to providing effective legal representation to individuals facing such charges. In this article, we will shed light on the severity of prescription drug crimes, Arizona laws pertaining to these offenses, potential penalties, and available defenses. If you or someone you know is dealing with a prescription drug crime accusation, we are here to offer expert guidance and fight for your rights.

What are Prescription-Only Drug Crimes?

Prescription-only drug crimes involve the illegal possession, distribution, or use of prescription medications. These offenses typically revolve around controlled substances that are regulated due to their potential for abuse and addiction. Examples of prescription-only drug crimes in Arizona include:

• Illegal Possession: Unlawful possession of prescription drugs without a valid prescription or exceeding the prescribed dosage.
• Fraudulent Obtaining: Acquiring prescription drugs through deceit, forgery, or misrepresenting medical conditions to healthcare professionals.
• Distribution and Sale: Illegally selling, trafficking, or distributing prescription drugs, often involving large quantities or involvement in organized networks.

The Severity of Prescription Drug Crimes

Prescription drug abuse is a pressing issue in Arizona and throughout the country, contributing to addiction, overdoses, and other adverse effects. According to the Centers for Disease Control and Prevention (CDC), the misuse of prescription painkillers has reached epidemic proportions in the past decade, surpassing the combined death tolls of heroin and cocaine. A significant factor contributing to this problem is the non-medical use of prescription drugs without a valid prescription. The CDC provides the following alarming statistics:

• Prescription painkillers prescribed in a recent year could medicate every adult in the U.S. for an entire month when taken around the clock.
• Nationwide, approximately 15,000 individuals die each year due to prescription painkiller overdoses.
• Within a recent year, one in every 20 individuals aged 12 and older reported non-medical use of prescription painkillers in the past year.
• The non-medical use of prescription painkillers results in direct healthcare expenses totaling $72.5 billion annually for health insurance companies.

Arizona Laws on Prescription-Only Drugs

Arizona Revised Statutes Section 13-3406 specifically addresses prescription drug crimes in the state. This law outlines various offenses related to controlled substances, their classifications, and associated penalties. It serves as the legal framework for prosecuting individuals involved in prescription drug offenses.

Under Arizona Revised Statutes Section 13-3406, the following classifications apply:

• Possessing or using a misbranded drug, which has false or misleading labeling or packaging, is categorized as a class two misdemeanor.
• Possessing or using a prescription drug without a valid prescription from a licensed doctor, possessing equipment and chemicals for manufacturing prescription-only drugs without a permit, manufacturing a prescription-only drug, administering a prescription drug to another person in violation of the law, or obtaining or procuring administration of a prescription-only drug through fraud, misrepresentation, deceit, or subterfuge, are considered class one misdemeanors.
• Possessing a prescription-only drug for sale without the proper license or permit, or engaging in the transportation, importation, sale, transfer, or offer to do so without authorization, is regarded as a class six felony.
• Manufacturing, selling, or distributing a misbranded drug is classified as a class four felony.

How Prescription-Only Drug Crimes are Discovered

Prescription-only drug crimes are often discovered through various means, including:

• Law Enforcement Investigations: Police agencies and task forces actively target individuals involved in illegal prescription drug activities, conducting undercover operations, surveillance, and informant-based investigations.
• Prescription Monitoring Programs: Arizona operates a prescription drug monitoring program that tracks the dispensing of controlled substances. This system helps identify individuals who may be engaged in fraudulent or abusive practices.
• Reporting and Tips: Tips from concerned citizens, healthcare professionals, pharmacists, or acquaintances can initiate investigations into suspected prescription drug crimes.

Penalties for Prescription-Only Drug Crimes

According to Arizona Revised Statutes Section 13-3406, the penalties for prescription drug crimes can vary based on the specific offense and the classification of the controlled substance involved. Offenses can range from misdemeanors to felonies, with corresponding prison sentences, fines, and potential mandatory rehabilitation programs.

Possessing or using prescription-only drugs without the intention to sell is considered a class one misdemeanor. If found guilty, an individual with no prior criminal record may be subject to probation, fines, and mandatory drug rehabilitation, without the imposition of jail time as long as probation is successfully completed. However, if the possession is with the intent to sell or involves the sale of prescription-only drugs without a valid license, the charges are elevated to class six and class four felonies, respectively. These felony offenses entail more severe penalties, including the possibility of imprisonment.

Defenses Against Drug Crime Charges

When facing prescription drug crime charges, several defenses can be utilized to protect your rights and challenge the allegations. Some common defenses include:

• Invalid Search and Seizure: Challenging the legality of law enforcement actions, such as unlawful search and seizure, which may result in the exclusion of evidence.
• Lack of Intent: Demonstrating a lack of intent or knowledge regarding the illegal nature of the possession or distribution of prescription drugs.
• Medical Necessity: Asserting a valid medical necessity or legitimate prescription for the drugs in question.

At The Litwak Law Group, we understand the complexities and life-altering consequences of prescription drug crime charges. Our dedicated attorneys will analyze the details of your case, build a robust defense strategy, and fight to protect your rights and future. If you or someone you know is facing prescription drug crime accusations, do not hesitate to reach out for professional legal guidance. Contact The Litwak Law Group today to schedule a confidential consultation and take the first step towards securing your defense.