San Carlos Apache Criminal Ordinance
SECTION TWELVE
OFFENSES INVOLVING DRUGS
Section 12.1 Definitions
In this Chapter, unless the context otherwise requires:
“Administer” means to apply, inject, or facilitate the inhalation or ingestion of a substance into the body of a person.
“Deliver” means the actual, constructive, or attempted exchange from one person to another, whether or not there is an agency relationship.
“Dispense” means distribute, leave with, give away, dispose of, or deliver.
“Manufacture” means produce, prepare, propagate, compound, mix or process, directly or indirectly, by extraction from substances of natural origin
or combination of extraction and chemical synthesis. Manufacture includes any packaging or repackaging or labeling or relabeling of containers.
Manufacture does not include any producing, preparing, propagating, compounding, mixing, processing, packaging or labeling done in conformity with
applicable state and local laws and rules by a licensed practitioner to and
in the course of his or her licensed practice.
“Marijuana” means all the parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such
plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the
mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound manufacture, salt,
derivative, mixture, or preparation of such mature stalks (except the
resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.
“Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or
independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
a. Opium, coca leaves, and opiates,
b. A compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates,
c. A substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the substances
referred to in clause (a) or (b). This term does not refer to
decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine.
d. As defined in § 13-3401 of the A.R.S.
“Opiate” means any drug or other substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having such addiction-forming or addiction-sustaining liability.
“Peyote” means any part of a plant of the genus lophophora, known as the mescal button.
“Production” means the manufacture, planting, cultivating, growing, or harvesting of a controlled substance.
“Precursor Chemical” means a substance which the Tribal Prosecutor has found to be and by regulation designated as being the principal compound
used, or produced primarily for use, in the manufacture of such controlled substance; which is an immediate chemical intermediary used or likely to be
used in the manufacture of such controlled substance; and the control of which is necessary to prevent, curtail, or limit the manufacture of such
controlled substance.
“Sale” or “Sell” means an exchange for anything of value or advantage, present, or prospective.
“Transfer” means to furnish, deliver or give away.
“Vapor-releasing substance containing a toxic substance” means paint or varnish dispensed by the use of aerosol spray, or any glue, which releases
vapors or fumes containing acetone, volatile acetates, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol,
methyl ethyl ketone, pentachlorophenol, petroleum ether, toluene, volatile ketones, isophorone, chloroform, methylene chloride, mesityl oxide,
xylene, cumene, ethylbenzene, trichloroethylene, mibk, miak, mek or diacetone alcohol or isobutyl nitrite.
Section 12.2 Possession or Sale of Peyote
A. A person commits Possession or Sale of Peyote by knowingly possessing, selling, transferring, or offering to sell or transfer peyote.
B. In a prosecution under this Section, it is a defense that the peyote is being used or is intended for use:
1. In connection with a bona fide practice of a religious belief; and
2. as an integral part of a religious exercise; and
3. in a manner not dangerous to public health, safety, or morals.
C. A person found guilty of Possession or Sale of Peyote may be sentenced to a period of imprisonment not to exceed 90 days, a fine not to exceed
$500.00, or both, with costs imposed at the discretion of the Court.
Section 12.3 Possession or Use of Marijuana
A. A person commits Possession or Use of Marijuana by possessing or using marijuana.
B. A person found guilty of Possession or Use of Marijuana involving an amount of marijuana not possessed for sale having a weight of up to but not
exceeding sixteen (16) oz. shall be sentenced to a period of imprisonment for 180 days and a fine not to exceed $2,500.00.
C. A person found guilty of Possession or Use of Marijuana involving an amount of marijuana not possessed for sale having a weight of sixteen (16)
oz. or more shall be sentenced to a period of imprisonment for 365 days and a fine not to exceed $5,000.00.
Section 12.4 Possession or Transport of Marijuana with Intent to Sell
A. A person commits Possession or Transport of Marijuana with Intent to Sell by possessing sixteen (16) or more oz. of marijuana or any substance
or mixture containing marijuana with the intent to:
1. exchange all or party of such marijuana for anything of value or advantage, present or prospective, or
2. transfer or convey all or part of such marijuana from one place to another.
B. A person found guilty of Possession or Transport of Marijuana with Intent to Sell may be sentenced to a period of imprisonment for a period not
less than 180 days, a fine not to exceed $5,000.00, or both, with costs imposed at the discretion of the Court.
Section 12.5 Production of Marijuana
A. A person commits Production of Marijuana if he or she knows or has reason to know that he or she has planted, cultivated, tended, or harvested
marijuana, or if he or she produces, prepares, or processes marijuana by extraction from a substance of natural origin or by means of chemical
synthesis or by a combination of extraction and chemical synthesis.
B. A person found guilty of Production of Marijuana may be sentenced to a period of imprisonment for a period not to exceed 365 days, a fine not to
exceed $5,000.00, or both, with costs imposed at the discretion of the Court.
Section 12.6 Unlawful Use of Prescription-Only Drugs
A. A person commits Unlawful Use of Prescription-Only Drugs by knowingly:
1. possessing or using a prescription-only drug without an appropriate prescription from a licensed physician;
2. possessing a prescription-only drug for sale;
3. possessing equipment and chemicals for the purpose of manufacturing a prescription-only drug;
4. manufacturing a prescription-only drug;
5. administering a prescription-only drug;
6. obtaining or procuring the administration of a prescription-only drug by fraud, deceit, misrepresentation, or subterfuge;
7. transporting for sale, importing onto the reservation, or offering to transport or import for sale, selling, transferring, or offering to sell or transfer a
prescription-only drug.
B. “Prescription-Only” drug does not include dangerous or narcotic drugs, but means:
1. Any drug which, because of its toxicity or other potentiality for harmful effect, the method of its use, or the collateral measures necessary to its
use, is not generally recognized among experts, qualified by scientific training and experience to evaluate its safety and efficacy, as safe for use except
by or under the supervision of a medical practitioner.
2. Any drug that is limited by an approved new drug application for use under the supervision of a medical practitioner.
3. Every potentially harmful drug, the labeling of which does not bear or contain full and adequate directions for use by the consumer
4. Any drug required to bear on its label the legend: " Caution: Federal law prohibits dispensing without prescription."
B. A person found guilty of Unlawful Use of Prescription Only Drugs may be sentenced to a period of imprisonment for a period not to exceed 365
days, a fine not to exceed $5,000.00, or both, with costs imposed at the discretion of the Court.
Section 12.7 Unlawful Use of Dangerous Drugs
A. A person commits Unlawful Use of Dangerous Drugs by knowingly:
1. possessing or using a dangerous drug;
2. possessing a dangerous drug for sale;
3. possessing equipment and chemicals for the purpose of manufacturing a dangerous drug;
4. manufacturing a dangerous drug;
5. administering a dangerous drug to another person;
6. obtaining or procuring the administration of a dangerous drug by fraud, deceit, misrepresentation, or subterfuge; transporting for sale, importing
onto the reservation, or offering to transport or import for sale, selling, transferring, or offering to sell or transfer a dangerous drug.
B. “Dangerous Drug” does not include prescription-only or narcotic drugs, but means any drug described or defined as a dangerous drug under the
provisions of A.R.S. § 13-3401, as amended at the time of the offense, and incorporated into the San Carlos Law & Order Code by reference. In case
of a conflict, the San Carlos Law & Order Code shall prevail.
C. A person found guilty of Unlawful Use of Dangerous Drugs may be sentenced to a period of imprisonment for a period not to exceed 365 days, a
fine not to exceed $5,000.00, or both, with costs imposed at the discretion of the Court.
Section 12.8 Unlawful Use of Narcotic Drugs
A. A person commits Unlawful Use of Narcotic Drugs by knowingly:
1. possessing or using a narcotic drug;
2. possessing a narcotic drug for sale;
3. possessing equipment and chemicals for the purpose of manufacturing a narcotic drug;
4. manufacturing a narcotic drug;
5. administering a narcotic drug to another person without proper medical authorization;
6. obtaining or procuring the administration of a narcotic drug by fraud, deceit, misrepresentation, or subterfuge;
7. transporting for sale, importing onto the reservation, or offering to transport or import for sale, selling, transferring, or offering to sell or transfer a
narcotic drug.
B. “Narcotic Drug” does not include prescription-only or dangerous drugs, but means any drug described or defined as a controlled substance under
the provisions of A.R.S. § 13-3401, as amended at the time of the offense, and incorporated into the San Carlos Law & Order Code by reference. In
case of a conflict, the San Carlos Law & Order Code shall prevail.
C. A person found guilty of Unlawful Use of Narcotic Drugs may be sentenced to a period of mprisonment for a period not to exceed 365 days, a
fine not to exceed $5,000.00, or both, with costs imposed at the discretion of the Court.
Section 12.9 Unlawful Use of a Vapor-Releasing Substance Containing a Toxic Substance
A. A person commits Unlawful Use of a Vapor-Releasing Substance Containing a Toxic Substance by knowingly:
1. breathing, inhaling or drinking a vapor-releasing substance containing a toxic substance,
2. possesses a vapor-releasing substance containing a toxic substance with the intent to breathe, inhale, or drink such substance,
3. selling, transferring, or offering to sell or transfer a vapor-releasing substance containing a toxic substance to a person under the age of 18 years,
4. selling, transferring, or offering to sell or transfer a vapor-releasing substance containing a toxic substance while not employed by or engaged in the
operation of a licensed commercial establishment regularly offering such vapor-releasing substances for lawful use.
B. A person found guilty of Unlawful Use of a Vapor-Releasing Substance Containing a Toxic Substance may be sentenced to a period of
imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or
both, with costs imposed at the discretion of the Court.
Section 12.10 Involving or Using Minors in Drug Offenses
A. A person commits Involving or Using Minors in Drug Offenses by knowingly:
1. hiring, employing, or using a person under the age of 18 to engage in any conduct, completed or preparatory, which is prohibited by this Section 12.
2. selling, transferring, or offering to sell or transfer to a person under the age of 18 any substance if its possession is prohibited by this Section 12.
B. A person found guilty of Involving or Using Minors in Drug Offenses may be sentenced to a period of imprisonment for a period not to exceed 180
days, a fine not to exceed $1,000.00, or both, with costs imposed at the discretion of the Court.
C. A person previously convicted of this offense shall be sentenced to a period of imprisonment of 365 days and a fine of $5,000.00, and shall not be
eligible for suspension or commutation of sentence, probation, pardon, or parole or release on any other basis.
Section 12.11 Possession of Precursor Chemicals
A. A person commits Possession of Precursor Chemicals by knowingly possessing a precursor chemical or selling, transferring or otherwise furnishing
a precursor chemical to another with knowledge that such
recipient will use the precursor chemical to unlawfully manufacture a dangerous drug or a narcotic drug.
B. A person found guilty of Possession of Precursor Chemicals may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to
exceed $1,000.00, or both, with costs imposed at the discretion of the Court.
Section 12.12 Possession, Manufacture, Delivery or Advertisement of Drug Paraphernalia
A. A person commits Possession, Manufacture, Delivery or Advertisement of Drug Paraphernalia by:
1. using, delivering, manufacturing, or possessing with the intent to use, deliver or manufacture, knowing or having reason to know that it will be used
to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain,
conceal, inject, ingest, inhale or otherwise introduce into the human body a drug in violation of this Chapter 12.
2. placing in a newspaper, magazine, handbill, or other publication any advertisement knowing or having reason to know that the purpose of the
advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
B. A person found guilty of Possession, Manufacture, Delivery or Advertisement of Drug Paraphernalia may be sentenced to a period of
imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or
both, with costs imposed at the discretion of the Court.
Section 12.13 Selling or Furnishing Tobacco to a Minor
A. A person commits Selling or Furnishing Tobacco to a Minor by giving, selling, or otherwise furnishing cigars, cigarettes, cigarette papers, or
smoking or chewing tobacco to any person under the age of 18 years.
B. A person found guilty of Selling or Furnishing Tobacco to a Minor may be sentenced to a period of imprisonment not to exceed 30 days, a fine not
to exceed $300.00, or both, with costs imposed at the discretion of the Court.
Section 12.14 Forfeiture and Destruction of Seized Substances
A. Upon the conviction of any person based upon violation of this Section 12, the Tribal Court shall order the substance seized and forfeited to the
San Carlos Apache Tribe to be destroyed by the San Carlos Police Department.
B. A record of the place where such substance was seized, the kinds and quantities of the substance forfeited and destroyed, and the time, place, and
manner of destruction shall be kept, and a return under oath reporting such destruction shall be made by the officer who makes such destruction
within 7 days of the Tribal Court’s order.
OFFENSES INVOLVING DRUGS
Section 12.1 Definitions
In this Chapter, unless the context otherwise requires:
“Administer” means to apply, inject, or facilitate the inhalation or ingestion of a substance into the body of a person.
“Deliver” means the actual, constructive, or attempted exchange from one person to another, whether or not there is an agency relationship.
“Dispense” means distribute, leave with, give away, dispose of, or deliver.
“Manufacture” means produce, prepare, propagate, compound, mix or process, directly or indirectly, by extraction from substances of natural origin
or combination of extraction and chemical synthesis. Manufacture includes any packaging or repackaging or labeling or relabeling of containers.
Manufacture does not include any producing, preparing, propagating, compounding, mixing, processing, packaging or labeling done in conformity with
applicable state and local laws and rules by a licensed practitioner to and
in the course of his or her licensed practice.
“Marijuana” means all the parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such
plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the
mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound manufacture, salt,
derivative, mixture, or preparation of such mature stalks (except the
resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.
“Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or
independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
a. Opium, coca leaves, and opiates,
b. A compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates,
c. A substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the substances
referred to in clause (a) or (b). This term does not refer to
decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine.
d. As defined in § 13-3401 of the A.R.S.
“Opiate” means any drug or other substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having such addiction-forming or addiction-sustaining liability.
“Peyote” means any part of a plant of the genus lophophora, known as the mescal button.
“Production” means the manufacture, planting, cultivating, growing, or harvesting of a controlled substance.
“Precursor Chemical” means a substance which the Tribal Prosecutor has found to be and by regulation designated as being the principal compound
used, or produced primarily for use, in the manufacture of such controlled substance; which is an immediate chemical intermediary used or likely to be
used in the manufacture of such controlled substance; and the control of which is necessary to prevent, curtail, or limit the manufacture of such
controlled substance.
“Sale” or “Sell” means an exchange for anything of value or advantage, present, or prospective.
“Transfer” means to furnish, deliver or give away.
“Vapor-releasing substance containing a toxic substance” means paint or varnish dispensed by the use of aerosol spray, or any glue, which releases
vapors or fumes containing acetone, volatile acetates, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol,
methyl ethyl ketone, pentachlorophenol, petroleum ether, toluene, volatile ketones, isophorone, chloroform, methylene chloride, mesityl oxide,
xylene, cumene, ethylbenzene, trichloroethylene, mibk, miak, mek or diacetone alcohol or isobutyl nitrite.
Section 12.2 Possession or Sale of Peyote
A. A person commits Possession or Sale of Peyote by knowingly possessing, selling, transferring, or offering to sell or transfer peyote.
B. In a prosecution under this Section, it is a defense that the peyote is being used or is intended for use:
1. In connection with a bona fide practice of a religious belief; and
2. as an integral part of a religious exercise; and
3. in a manner not dangerous to public health, safety, or morals.
C. A person found guilty of Possession or Sale of Peyote may be sentenced to a period of imprisonment not to exceed 90 days, a fine not to exceed
$500.00, or both, with costs imposed at the discretion of the Court.
Section 12.3 Possession or Use of Marijuana
A. A person commits Possession or Use of Marijuana by possessing or using marijuana.
B. A person found guilty of Possession or Use of Marijuana involving an amount of marijuana not possessed for sale having a weight of up to but not
exceeding sixteen (16) oz. shall be sentenced to a period of imprisonment for 180 days and a fine not to exceed $2,500.00.
C. A person found guilty of Possession or Use of Marijuana involving an amount of marijuana not possessed for sale having a weight of sixteen (16)
oz. or more shall be sentenced to a period of imprisonment for 365 days and a fine not to exceed $5,000.00.
Section 12.4 Possession or Transport of Marijuana with Intent to Sell
A. A person commits Possession or Transport of Marijuana with Intent to Sell by possessing sixteen (16) or more oz. of marijuana or any substance
or mixture containing marijuana with the intent to:
1. exchange all or party of such marijuana for anything of value or advantage, present or prospective, or
2. transfer or convey all or part of such marijuana from one place to another.
B. A person found guilty of Possession or Transport of Marijuana with Intent to Sell may be sentenced to a period of imprisonment for a period not
less than 180 days, a fine not to exceed $5,000.00, or both, with costs imposed at the discretion of the Court.
Section 12.5 Production of Marijuana
A. A person commits Production of Marijuana if he or she knows or has reason to know that he or she has planted, cultivated, tended, or harvested
marijuana, or if he or she produces, prepares, or processes marijuana by extraction from a substance of natural origin or by means of chemical
synthesis or by a combination of extraction and chemical synthesis.
B. A person found guilty of Production of Marijuana may be sentenced to a period of imprisonment for a period not to exceed 365 days, a fine not to
exceed $5,000.00, or both, with costs imposed at the discretion of the Court.
Section 12.6 Unlawful Use of Prescription-Only Drugs
A. A person commits Unlawful Use of Prescription-Only Drugs by knowingly:
1. possessing or using a prescription-only drug without an appropriate prescription from a licensed physician;
2. possessing a prescription-only drug for sale;
3. possessing equipment and chemicals for the purpose of manufacturing a prescription-only drug;
4. manufacturing a prescription-only drug;
5. administering a prescription-only drug;
6. obtaining or procuring the administration of a prescription-only drug by fraud, deceit, misrepresentation, or subterfuge;
7. transporting for sale, importing onto the reservation, or offering to transport or import for sale, selling, transferring, or offering to sell or transfer a
prescription-only drug.
B. “Prescription-Only” drug does not include dangerous or narcotic drugs, but means:
1. Any drug which, because of its toxicity or other potentiality for harmful effect, the method of its use, or the collateral measures necessary to its
use, is not generally recognized among experts, qualified by scientific training and experience to evaluate its safety and efficacy, as safe for use except
by or under the supervision of a medical practitioner.
2. Any drug that is limited by an approved new drug application for use under the supervision of a medical practitioner.
3. Every potentially harmful drug, the labeling of which does not bear or contain full and adequate directions for use by the consumer
4. Any drug required to bear on its label the legend: " Caution: Federal law prohibits dispensing without prescription."
B. A person found guilty of Unlawful Use of Prescription Only Drugs may be sentenced to a period of imprisonment for a period not to exceed 365
days, a fine not to exceed $5,000.00, or both, with costs imposed at the discretion of the Court.
Section 12.7 Unlawful Use of Dangerous Drugs
A. A person commits Unlawful Use of Dangerous Drugs by knowingly:
1. possessing or using a dangerous drug;
2. possessing a dangerous drug for sale;
3. possessing equipment and chemicals for the purpose of manufacturing a dangerous drug;
4. manufacturing a dangerous drug;
5. administering a dangerous drug to another person;
6. obtaining or procuring the administration of a dangerous drug by fraud, deceit, misrepresentation, or subterfuge; transporting for sale, importing
onto the reservation, or offering to transport or import for sale, selling, transferring, or offering to sell or transfer a dangerous drug.
B. “Dangerous Drug” does not include prescription-only or narcotic drugs, but means any drug described or defined as a dangerous drug under the
provisions of A.R.S. § 13-3401, as amended at the time of the offense, and incorporated into the San Carlos Law & Order Code by reference. In case
of a conflict, the San Carlos Law & Order Code shall prevail.
C. A person found guilty of Unlawful Use of Dangerous Drugs may be sentenced to a period of imprisonment for a period not to exceed 365 days, a
fine not to exceed $5,000.00, or both, with costs imposed at the discretion of the Court.
Section 12.8 Unlawful Use of Narcotic Drugs
A. A person commits Unlawful Use of Narcotic Drugs by knowingly:
1. possessing or using a narcotic drug;
2. possessing a narcotic drug for sale;
3. possessing equipment and chemicals for the purpose of manufacturing a narcotic drug;
4. manufacturing a narcotic drug;
5. administering a narcotic drug to another person without proper medical authorization;
6. obtaining or procuring the administration of a narcotic drug by fraud, deceit, misrepresentation, or subterfuge;
7. transporting for sale, importing onto the reservation, or offering to transport or import for sale, selling, transferring, or offering to sell or transfer a
narcotic drug.
B. “Narcotic Drug” does not include prescription-only or dangerous drugs, but means any drug described or defined as a controlled substance under
the provisions of A.R.S. § 13-3401, as amended at the time of the offense, and incorporated into the San Carlos Law & Order Code by reference. In
case of a conflict, the San Carlos Law & Order Code shall prevail.
C. A person found guilty of Unlawful Use of Narcotic Drugs may be sentenced to a period of mprisonment for a period not to exceed 365 days, a
fine not to exceed $5,000.00, or both, with costs imposed at the discretion of the Court.
Section 12.9 Unlawful Use of a Vapor-Releasing Substance Containing a Toxic Substance
A. A person commits Unlawful Use of a Vapor-Releasing Substance Containing a Toxic Substance by knowingly:
1. breathing, inhaling or drinking a vapor-releasing substance containing a toxic substance,
2. possesses a vapor-releasing substance containing a toxic substance with the intent to breathe, inhale, or drink such substance,
3. selling, transferring, or offering to sell or transfer a vapor-releasing substance containing a toxic substance to a person under the age of 18 years,
4. selling, transferring, or offering to sell or transfer a vapor-releasing substance containing a toxic substance while not employed by or engaged in the
operation of a licensed commercial establishment regularly offering such vapor-releasing substances for lawful use.
B. A person found guilty of Unlawful Use of a Vapor-Releasing Substance Containing a Toxic Substance may be sentenced to a period of
imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or
both, with costs imposed at the discretion of the Court.
Section 12.10 Involving or Using Minors in Drug Offenses
A. A person commits Involving or Using Minors in Drug Offenses by knowingly:
1. hiring, employing, or using a person under the age of 18 to engage in any conduct, completed or preparatory, which is prohibited by this Section 12.
2. selling, transferring, or offering to sell or transfer to a person under the age of 18 any substance if its possession is prohibited by this Section 12.
B. A person found guilty of Involving or Using Minors in Drug Offenses may be sentenced to a period of imprisonment for a period not to exceed 180
days, a fine not to exceed $1,000.00, or both, with costs imposed at the discretion of the Court.
C. A person previously convicted of this offense shall be sentenced to a period of imprisonment of 365 days and a fine of $5,000.00, and shall not be
eligible for suspension or commutation of sentence, probation, pardon, or parole or release on any other basis.
Section 12.11 Possession of Precursor Chemicals
A. A person commits Possession of Precursor Chemicals by knowingly possessing a precursor chemical or selling, transferring or otherwise furnishing
a precursor chemical to another with knowledge that such
recipient will use the precursor chemical to unlawfully manufacture a dangerous drug or a narcotic drug.
B. A person found guilty of Possession of Precursor Chemicals may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to
exceed $1,000.00, or both, with costs imposed at the discretion of the Court.
Section 12.12 Possession, Manufacture, Delivery or Advertisement of Drug Paraphernalia
A. A person commits Possession, Manufacture, Delivery or Advertisement of Drug Paraphernalia by:
1. using, delivering, manufacturing, or possessing with the intent to use, deliver or manufacture, knowing or having reason to know that it will be used
to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain,
conceal, inject, ingest, inhale or otherwise introduce into the human body a drug in violation of this Chapter 12.
2. placing in a newspaper, magazine, handbill, or other publication any advertisement knowing or having reason to know that the purpose of the
advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
B. A person found guilty of Possession, Manufacture, Delivery or Advertisement of Drug Paraphernalia may be sentenced to a period of
imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or
both, with costs imposed at the discretion of the Court.
Section 12.13 Selling or Furnishing Tobacco to a Minor
A. A person commits Selling or Furnishing Tobacco to a Minor by giving, selling, or otherwise furnishing cigars, cigarettes, cigarette papers, or
smoking or chewing tobacco to any person under the age of 18 years.
B. A person found guilty of Selling or Furnishing Tobacco to a Minor may be sentenced to a period of imprisonment not to exceed 30 days, a fine not
to exceed $300.00, or both, with costs imposed at the discretion of the Court.
Section 12.14 Forfeiture and Destruction of Seized Substances
A. Upon the conviction of any person based upon violation of this Section 12, the Tribal Court shall order the substance seized and forfeited to the
San Carlos Apache Tribe to be destroyed by the San Carlos Police Department.
B. A record of the place where such substance was seized, the kinds and quantities of the substance forfeited and destroyed, and the time, place, and
manner of destruction shall be kept, and a return under oath reporting such destruction shall be made by the officer who makes such destruction
within 7 days of the Tribal Court’s order.
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serving members and
visitors of the San
Carlos Apache Tribe"
visitors of the San
Carlos Apache Tribe"