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       Senate Engrossed
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  State of Arizona
  Senate
  Forty-fifth
  Legislature
  Second Regular Session
  2002
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       CHAPTER 62
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    SENATE BILL 1036
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AN ACT

AMENDING SECTIONS 36-2515, 36-2531 AND 36-2542, ARIZONA REVISED STATUTES; RELATING TO CONTROLLED SUBSTANCES.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-2515, Arizona Revised Statutes, is amended to read:

36-2515. Substances in schedule IV

A. The following controlled substances are, unless specifically excepted, included in schedule IV:

1. Any material, compound, mixture or preparation which THAT contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position or geometric) and salts of such isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:

(a) Cathine (+(4)-norpseudoephedrine).

(b) Diethylpropion.

(c) Fencamfamin.

(d) Fenproporex.

(e) Mazindol.

(f) Mefenorex.

(g) Pemoline (including organometallic complexes and chelates thereof).

(h) Phentermine.

(i) Pipradrol.

(j) SPA((-)-1-dimethylamino-1, 2-diphenylethane).

(k) Butorphanol.

(l) Modafinil.

(m) Sibutramine.

2. Any material, compound, mixture or preparation which THAT contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system, including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:

(a) Alprazolam.

(b) Barbital.

(c) Bromazepam.

(d) Camazepam.

(e) Chloral betaine.

(f) Chloral hydrate.

(g) Chlordiazepoxide.

(h) Clobazam.

(i) Clonazepam.

(j) Chlorazepate.

(k) Clotiazepam.

(l) Cloxazolam.

(m) Delorazepam.

(n) Diazepam.

(o) DICHLORALPHENAZONE.

(o) (p) Estazolam.

(p) (q) Ethchlorvynol.

(q) (r) Ethinamate.

(r) (s) Ethyl loflazepate.

(s) (t) Fludiazepam.

(t) (u) Flunitrazepam.

(u) (v) Flurazepam.

(v) (w) Halazepam.

(w) (x) Haloxazolam.

(x) (y) Ketazolam.

(y) (z) Loprazolam.

(z) (aa) Lorazepam.

(aa) (bb) Lormetazepam.

(bb) (cc) Mebutamate.

(cc) (dd) Medazepam.

(dd) (ee) Meprobamate.

(ee) (ff) Methohexital.

(ff) (gg) Methylphenobarbital (methobarbital).

(gg) (hh) Midazolam.

(hh) (ii) Nimetazepam.

(ii) (jj) Nitrazepam.

(jj) (kk) Nordiazepam.

(kk) (ll) Oxazepam.

(ll) (mm) Oxazolam.

(mm) (nn) Paraldehyde.

(nn) (oo) Petrichloral.

(oo) (pp) Phenobarbital.

(pp) (qq) Pinazepam.

(qq) (rr) Prazepam.

(rr) (ss) Quazepam.

(ss) (tt) Temazepam.

(tt) (uu) Tetrazepam.

(uu) (vv) Triazolam.

(vv) (ww) Zaleplon.

(ww) (xx) Zolpidem.

3. Fenfluramine.

4. Any material, compound, mixture or preparation containing any of the following narcotic drugs, or their salts, calculated as the free anhydrous base or alkaloid, in limited quantities of not more than one milligram of difenoxin and not less than twenty-five micrograms of atropine sulfate per dosage unit.

5. Any material, compound, mixture or preparation which THAT contains any quantity of the following substances, including its salts:

(a) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane).

(b) Pentazocine.

B. The board may except by rule any compound, mixture or preparation containing any substance listed in this section from the application of all or any part of this chapter if the compound, mixture or preparation contains one or more active medicinal ingredients and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiates the potential for abuse.

Sec. 2. Section 36-2531, Arizona Revised Statutes, is amended to read:

36-2531. Prohibited acts; classification

A. It is unlawful for any person:

1. Who is subject to article 3 of this chapter to intentionally or knowingly distribute or dispense a controlled substance in violation of section 36-2525.

2. Who is a registrant to intentionally or knowingly manufacture a controlled substance not authorized by such THAT person's registration or to intentionally or knowingly distribute or dispense a controlled substance not authorized by such THAT person's registration to another registrant or other authorized person.

3. To intentionally or knowingly refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under this chapter.

4. To intentionally or knowingly refuse an entry into any premises for any inspection authorized by this chapter.

5. To knowingly dispense or deliver anabolic steroids without a written prescription or for a nontherapeutic use.

6. To intentionally or knowingly sell, buy, exchange or give away any preparation subject to section 36-2516, unless the preparation is to be used for a legitimate medical purpose and in compliance with title 36, chapter 27 THIS CHAPTER.

B. Notwithstanding any other law, any person who violates any provision of subsection A of this section is guilty of a class 4 felony.

C. It is unlawful for any person intentionally or knowingly:

1. To distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to an order form as required by section 36-2524.

2. To furnish false or fraudulent material information in, or omit any material information from, any application, report or other document required to be kept or filed under this chapter or any record required to be kept by this chapter.

D. A person who violates any provision of subsection C of this section is guilty of a class 4 felony.

E. A PERSON SHALL NOT PROVIDE A FALSE PRESCRIPTION FOR A CONTROLLED SUBSTANCE OR KNOWINGLY OR INTENTIONALLY ACQUIRE OR OBTAIN POSSESSION OF A CONTROLLED SUBSTANCE BY MEANS OF FORGERY, FRAUD, DECEPTION OR SUBTERFUGE, INCLUDING THE FORGERY OR FALSIFICATION OF A PRESCRIPTION OR THE NONDISCLOSURE OF A MATERIAL FACT. A PERSON WHO VIOLATES THIS SUBSECTION IS GUILTY OF A CLASS 4 FELONY.

E. F. Controlled substances, vehicles and items used or intended for use in violation of this chapter are subject to seizure and forfeiture in the manner provided in title 13, chapter 39.

Sec. 3. Section 36-2542, Arizona Revised Statutes, is amended to read:

36-2542. Cooperation of agencies

A. The board and department shall cooperate with federal and other state agencies in discharging responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances, INCLUDING THE DISSEMINATION OF INFORMATION TO LAW ENFORCEMENT AGENCIES RELATING TO ANY PERSON WHO IS KNOWN TO HAVE VIOLATED OR WHO IS SUSPECTED OF VIOLATING THIS CHAPTER TO OBTAIN A CONTROLLED SUBSTANCE IN VIOLATION OF SECTION 36-2531.

B. Results, information and evidence received from the United States drug enforcement administration relating to the regulatory functions of this chapter, including results of inspections conducted by it, may be relied and acted upon by the board or department in the exercise of its regulatory functions under this chapter.

APPROVED BY THE GOVERNOR APRIL 23, 2002.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 23, 2002.