Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1447
fentanyl; manufacturing drugs; machines
Purpose
Establishes reporting requirements for the sale and transfer of pill tableting machines and
encapsulating machines (machines).
Background
It is unlawful for any person to make, distribute or possess any punch, die, plate, stone or
other thing designed to print, imprint or reproduce the trademark, trade name or other identifying
mark, imprint or device relating to the authorized identification of any controlled substance,
prescription-only drug or over-the-counter drug or any likeness of any of the foregoing on any
drug or container to intentionally: 1) counterfeit a controlled substance, prescription-only drug or
over-the-counter drug; or 2) duplicate substantially the physical appearance, form, package or label
of a controlled substance, prescription-only drug of over-the-counter drug. A violation of this
prohibition is a class 1 misdemeanor (A.R.S. ยง 13-3459).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires a manufacturer, wholesaler, retailer or other person who sells, transfer, furnishes,
purchases, receives or resells any regulated pill tableting machine or encapsulating machine
and its part to submit a report to DPS of all transactions and purchases.
2. Requires DPS to provide a common reporting form that contains at least the following
information:
a) the manufacturer's name and address and the model, serial number and origin of the
machines;
b) the name and address of the machine seller;
c) the shipping carrier information, including tracking information, names and addresses of
the sender and receiver for each piece associated with the machine;
d) the number of pieces shipped and the manifested description of each item whether shipped
together or separate; and
e) the date of purchase, sale price and method of payment, including the full name of the
payee.
3. Requires an entity that is required to submit a report of sale or transfer of a machine to submit
a report of the transaction to DPS not less than ten days before delivery of the machine. FACT SHEET
S.B. 1447
Page 2
4. Requires an entity required to submit a report of purchase or receivership to submit the report
of the transaction to DPS not less than three business days after payment, in part or in full, for
the machine or any part of the machine.
5. Requires an entity required to submit a report to include any known or intended subsequent
transfers after completion of the sale or purchase of the machine.
6. Requires any entity that sells, transfers or otherwise furnishes any machine to any person or
entity in Arizona in a suspicious transaction to report it to DPS.
7. Makes it unlawful for a person to knowingly do any of the following:
a) fail to submit a required report;
b) furnish false information or omit any material information in any required report or record;
c) cause another person to furnish false information or to omit any material information in
any required report or record;
d) participate in any wholesale or retail transaction or series of transactions that are structured
by a person with the intent to avoid the filing by any party to the transaction of any required
report.
8. Exempts, from established machine reporting requirements, a pharmacist licensed in Arizona,
or an employee acting on behalf of a pharmacist licensed in Arizona, who is registered and
licensed with the Drug Enforcement Administration to dispense scheduled substances and that
purchases a machine.
9. Specifies that this exemption does not apply if the pharmacist resells, transfers or provides the
machine to a nonlicensed entity.
10. Classifies a violation of requirements related to machines as a class 1 misdemeanor, except
that a subsequent violation is a class 6 felony.
11. Increases, from a class 1 misdemeanor to a class 5 felony, the penalty for unlawful manufacture
of certain substances and drugs.
12. Adds various chemical substances, including benzylfentanyl and norfentanyl, to the definition
of precursor chemical II.
13. Defines pill tableting machine.
14. Defines encapsulating machine.
15. Makes technical and conforming changes.
16. Becomes effective on the general effective date.
Prepared by Senate Research
February 12, 2024
ZD/cs