Selling “Fake” or Synthetic Drugs in Prescott:
Why It’s Still a Serious Felony in Arizona
Handing a buyer a bag of baking soda and calling it cocaine, or peddling “spice” marketed as marijuana, might look like a harmless hustle—but Arizona law treats it almost as harshly as trafficking the real thing. Both state statutes and federal codes outlaw the manufacture, possession, or sale of imitation or counterfeit drugs, and the penalties can include years in prison. If you’re under investigation—or think you might be—read on for the key facts and your next steps.
1. Arizona’s Imitation-Drug Statute (A.R.S. § 13-3452)
Arizona makes it a crime to “manufacture, sell, transfer, possess with intent to sell, or offer for sale any imitation controlled substance or counterfeit pharmaceutical”.
-
Class 6 felony for most violations
-
Class 5 felony if the buyer is under 18
Possession with intent to sell—even if no transaction occurs—can trigger a felony arrest.
2. “Imitation” and “Synthetic” Defined
| Category | Common Examples | Why It’s Illegal |
|---|---|---|
| Counterfeit Rx drugs | Fake Adderall, Xanax pressed tablets | Fraud & public-health risk |
| Imitation street drugs | Flour sold as heroin, crushed Tylenol sold as meth | Intent to deceive buyer |
| Synthetic highs | “Spice,” K2, bath salts | Classified as dangerous narcotics under AZ schedules |
3. Federal Overlay: Fraud & Counterfeit Drug Laws
-
21 U.S.C. § 331 – Bans sale of counterfeit medications in interstate commerce (including online sales).
-
Wire & mail fraud statutes – Taking money under false pretenses exposes sellers to federal fraud counts (each sale can be a separate felony).
4. Potential Penalties
| Charge | Prison Range (First Offense) | Fines & Other Consequences |
|---|---|---|
| AZ Class 6 felony | 4 months – 2 years | Up to $150,000 + surcharges; felony record |
| AZ Class 5 felony (sale to a minor) | 6 months – 2.5 years | Higher presumptive sentence |
| Federal counterfeit-drug conviction | Up to 20 years per count | $250,000+ fine; forfeiture |
Collateral fallout includes loss of civil rights, professional-license problems, immigration consequences, and difficulty securing housing or employment.
5. Defenses We Explore
-
Lack of intent to mislead
-
No knowledge of substance’s nature
-
Constitutional violations (invalid search, Miranda issues)
-
Insufficient evidence / unreliable lab analysis
-
Mistaken identity or entrapment
Every case turns on small details—texts, surveillance footage, lab results, labelling on the package—so early evidence preservation is critical.
6. Arrested or Contacted by Detectives? Do This Immediately
-
Stay silent. Politely invoke your right to remain silent and ask for an attorney.
-
Do not consent to any search of your phone, vehicle, or home.
-
Call a lawyer who understands both state and federal drug statutes.
7. Prescott Legal Help—24/7
Ted Law has defended felony drug cases in Yavapai County for over two decades. We know the local courts, prosecutors, and diversion options—and we’re ready to move fast to protect your freedom.
-
Office: 140 N Montezuma St, Prescott, AZ 86301
-
Phone (24 hrs): (928) 776-1782
-
Email: paralegal@tedlaw.net
Free, confidential consultation—call or email today and put experience between you and a felony charge.