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Arizona criminal charge

Manufacture or distribution of imitation over-the-counter drug in Arizona

Current through 2026 Arizona legislative session

Manufacture or distribution of imitation over-the-counter drug is a criminal offense under Arizona law, defined by A.R.S. § 13-3455. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by A.R.S. § 13-3455.

What is the penalty for manufacture or distribution of imitation over-the-counter drug in Arizona?

Penalties for Manufacture or distribution of imitation over-the-counter drug
PenaltyRangeBasisAuthority
Jail / prison6 months to 18 months (Manufacture/distribution of imitation OTC drug — Violation of subsection A by manufacturing, distributing, or possessing with intent to distribute an imitation over-the-counter drug.; presumptive 1 year; mitigated .33 years / aggravated 2 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges; a class 6 felony may be designated a class 1 misdemeanor under 13-604)presumptiveA.R.S. § 13-702
Fineup to $150,000 (Manufacture/distribution of imitation OTC drug — Violation of subsection A by manufacturing, distributing, or possessing with intent to distribute an imitation over-the-counter drug.; fine cap for an individual (13-801); statute-specific amounts may exceed)discretionaryA.R.S. § 13-702
Jail / prison9 months to 24 months (Manufacture/distribution of imitation OTC drug to a minor — A person 18 or older violates subsection A with respect to a person under the age of 18.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges)presumptiveA.R.S. § 13-702
Fineup to $150,000 (Manufacture/distribution of imitation OTC drug to a minor — A person 18 or older violates subsection A with respect to a person under the age of 18.; fine cap for an individual (13-801); statute-specific amounts may exceed)discretionaryA.R.S. § 13-702

Applies to first felony offense, non-dangerous; presumptive term 1 year.

How is manufacture or distribution of imitation over-the-counter drug classified in Arizona?

The classification depends on the circumstances:

Classification variants for Manufacture or distribution of imitation over-the-counter drug
VariantClassificationWhen it appliesStatute
Manufacture/distribution of imitation OTC drugClass 6 FelonyViolation of subsection A by manufacturing, distributing, or possessing with intent to distribute an imitation over-the-counter drug.A.R.S. § 13-3455C
Manufacture/distribution of imitation OTC drug to a minorClass 5 FelonyA person 18 or older violates subsection A with respect to a person under the age of 18.A.R.S. § 13-3455D

Common questions about manufacture or distribution of imitation over-the-counter drug in Arizona

Is manufacture or distribution of imitation over-the-counter drug a felony or a misdemeanor in Arizona?

It depends on the circumstances: manufacture or distribution of imitation over-the-counter drug ranges from a Class 6 Felony to a Class 5 Felony in Arizona under A.R.S. § 13-3455.

Manufacture/distribution of imitation OTC drug: Class 6 Felony (A.R.S. § 13-3455C) · Manufacture/distribution of imitation OTC drug to a minor: Class 5 Felony (A.R.S. § 13-3455D)

What are the penalties for manufacture or distribution of imitation over-the-counter drug in Arizona?

Penalties for manufacture or distribution of imitation over-the-counter drug in Arizona depend on how it is classified — from a Class 6 Felony up to a Class 5 Felony — with the ranges set by A.R.S. § 13-702; the full table of ranges by variant is published on this page.

Which Arizona statute covers manufacture or distribution of imitation over-the-counter drug?

Manufacture or distribution of imitation over-the-counter drug is governed by A.R.S. § 13-3455 (Manufacture or distribution of imitation over-the-counter drug; prohibited acts; classification).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.