Bill Text: AZ HB2404 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced
Bill Title: Marijuana possession; paraphernalia; classification; sentencing
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-01-29 - House read second time [HB2404 Detail]
Download: Arizona-2019-HB2404-Introduced.html
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REFERENCE TITLE: marijuana possession; paraphernalia; classification; sentencing |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2404 |
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Introduced by Representatives Payne: Blanc, Campbell, Engel, Hernandez D, Rivero, Rodriguez, Salman, Stringer, Toma, Senators Gonzales, Mendez
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AN ACT
amending sections 13‑707 and 13‑821, Arizona Revised Statutes; amending section 13-3405, Arizona Revised Statutes, as amended by Laws 2010, chapter 194, section 6; amending section 13-3405, Arizona Revised Statutes, as amended by Laws 2018, chapter 287, section 2; amending section 13‑3415, Arizona Revised Statutes; relating to drug offenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-707, Arizona Revised Statutes, is amended to read:
13-707. Misdemeanors; sentencing
A. A sentence of imprisonment for a misdemeanor shall be for a definite term to be served other than a place within custody of the state department of corrections. The court shall fix the term of imprisonment within the following maximum limitations:
1. For a class 1 misdemeanor, six months.
2. For a class 2 misdemeanor, four months.
3. For a class 3 misdemeanor, thirty days.
B. A person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of any misdemeanor or petty offense, other than a traffic offense or an offense involving a violation of section 13‑3405, and who has been convicted of one or more of the same misdemeanors or petty offenses within two years next preceding the date of the present offense shall be sentenced for the next higher class of offense than that for which the person currently is convicted. Time spent incarcerated within the two years next preceding the date of the offense for which a person is currently being sentenced shall not be included in the two years required to be free of convictions.
C. If a person is convicted of a misdemeanor offense and the offense requires enhanced punishment because it is a second or subsequent offense, the court shall determine the existence of the previous conviction. The court shall allow the allegation of a prior conviction to be made in the same manner as the allegation prescribed by section 28‑1387, subsection A.
D. A person who has been convicted in any court outside the jurisdiction of this state of an offense that if committed in this state would be punishable as a misdemeanor or petty offense is subject to this section. A person who has been convicted as an adult of an offense punishable as a misdemeanor or petty offense under the provisions of any prior code in this state is subject to this section.
E. The court may direct that a person who is sentenced pursuant to subsection A of this section shall not be released on any basis until the sentence imposed by the court has been served.
Sec. 2. Section 13-821, Arizona Revised Statutes, is amended to read:
13-821. Fines for drug offenses
A. In addition to any other fine or restitution, if a person is convicted of or adjudicated delinquent for a MISDEMEANOR or felony violation of chapter 34 of this title, the court may order the person to pay a fine in one of the following amounts:
1. For a first offense, at least one thousand dollars $1,000.
2. For a second or subsequent offense, at least two thousand dollars $2,000.
B. The court may suspend the imposition of a fine pursuant to this section if the person agrees to enter a residential drug rehabilitation program approved by the court and to pay for all or a part of the costs associated with the rehabilitation program. On successfully completing the program, the person may apply to the court for a reduction in the amount of the fine imposed pursuant to this section. If the person establishes to the satisfaction of the court that the person successfully completed the program, the court may reduce the fine by the amount the person paid to participate in the rehabilitation program. If the person fails to complete the program, the court shall enforce the collection of the entire fine that was imposed pursuant to subsection A of this section.
C. The court shall transmit the monies collected pursuant to this section to the supreme court for the purpose of providing drug treatment services to adult probationers through the community punishment program established in pursuant to title 12, chapter 2, article 11.
Sec. 3. Section 13-3405, Arizona Revised Statutes, as amended by Laws 2010, chapter 194, section 6, is amended to read:
13-3405. Possession, use, production, sale or transportation of marijuana; classification
A. A person shall not knowingly:
1. Possess or use marijuana.
2. Possess marijuana for sale.
3. Produce marijuana.
4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana.
B. A person who violates:
1. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of two and one‑half ounces or less is guilty of A petty offense and, notwithstanding subsection D of this section and section 13-802, the court may impose a fine of not more than $150.
1. 2. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of more than two and one‑half ounces but less than two pounds is guilty of a class 6 felony.
2. 3. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of at least two pounds but less than four pounds is guilty of a class 5 felony.
3. 4. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of four pounds or more is guilty of a class 4 felony.
4. 5. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 4 felony.
5. 6. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 3 felony.
6. 7. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of more than four pounds is guilty of a class 2 felony.
7. 8. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 5 felony.
8. 9. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 4 felony.
9. 10. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of more than four pounds is guilty of a class 3 felony.
10. 11. Subsection A, paragraph 4 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 3 felony.
11. 12. Subsection A, paragraph 4 of this section involving an amount of marijuana having a weight of two pounds or more is guilty of a class 2 felony.
C. If the aggregate amount of marijuana involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is sentenced pursuant to subsection B, paragraph 5, 6, 7, 8, 9, 10 or 11 12 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41‑1604.07 or the sentence is commuted.
D. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of any provision of this section to pay a fine of not less than seven hundred fifty dollars $750 or three times the value as determined by the court of the marijuana involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of the imposition of any fine required by this subsection.
E. A person who is convicted of a felony violation of any provision of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug or narcotic drug except as lawfully administered by a practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections as appropriate during the duration of the term of probation or before the expiration of the sentence imposed.
F. If the aggregate amount of marijuana involved in one offense or all of the offenses that are consolidated for trial is less than the statutory threshold amount, a person who is sentenced pursuant to subsection B, paragraph 4, 5, 7 8 or 10 11 and who is granted probation by the court shall be ordered by the court that as a condition of probation the person to perform not less than two hundred forty hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.
G. If a person who is sentenced pursuant to subsection B, paragraph 1, 2, or 3 or 4 of this section is granted probation for a felony violation of this section, the court shall order that as a condition of probation that the person perform not less than twenty‑four hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.
H. If a person is granted probation for a misdemeanor violation of this section, the court shall order as a condition of probation that the person attend eight hours of instruction on the nature and harmful effects of narcotic drugs, marijuana and other dangerous drugs on the human system, and on the laws related to the control of these substances, or perform twenty‑four hours of community restitution.
Sec. 4. Section 13-3405, Arizona Revised Statutes, as amended by Laws 2018, chapter 287, section 2, is amended to read:
13-3405. Possession, use, production, sale or transportation of marijuana; classification; exceptions
A. A person shall not knowingly:
1. Possess or use marijuana.
2. Possess marijuana for sale.
3. Produce marijuana.
4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana.
B. A person who violates:
1. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of two and one‑half ounces or less is guilty of A petty offense and, notwithstanding subsection D of this section and section 13-802, the court may impose a fine of not more than $150.
1. 2. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of more than two and one‑half ounces but less than two pounds is guilty of a class 6 felony.
2. 3. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of at least two pounds but less than four pounds is guilty of a class 5 felony.
3. 4. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of four pounds or more is guilty of a class 4 felony.
4. 5. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 4 felony.
5. 6. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 3 felony.
6. 7. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of more than four pounds is guilty of a class 2 felony.
7. 8. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 5 felony.
8. 9. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 4 felony.
9. 10. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of more than four pounds is guilty of a class 3 felony.
10. 11. Subsection A, paragraph 4 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 3 felony.
11. 12. Subsection A, paragraph 4 of this section involving an amount of marijuana having a weight of two pounds or more is guilty of a class 2 felony.
C. If the aggregate amount of marijuana involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is sentenced pursuant to subsection B, paragraph 5, 6, 7, 8, 9, 10 or 11 12 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41‑1604.07 or the sentence is commuted.
D. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of any provision of this section to pay a fine of not less than seven hundred fifty dollars $750 or three times the value as determined by the court of the marijuana involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of the imposition of any fine required by this subsection.
E. A person who is convicted of a felony violation of any provision of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug or narcotic drug except as lawfully administered by a practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections as appropriate during the duration of the term of probation or before the expiration of the sentence imposed.
F. If the aggregate amount of marijuana involved in one offense or all of the offenses that are consolidated for trial is less than the statutory threshold amount, a person who is sentenced pursuant to subsection B, paragraph 4, 5, 7 8 or 10 11 and who is granted probation by the court shall be ordered by the court that as a condition of probation the person to perform not less than two hundred forty hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.
G. If a person who is sentenced pursuant to subsection B, paragraph 1, 2, or 3 or 4 of this section is granted probation for a felony violation of this section, the court shall order that as a condition of probation that the person perform not less than twenty‑four hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.
H. If a person is granted probation for a misdemeanor violation of this section, the court shall order as a condition of probation that the person attend eight hours of instruction on the nature and harmful effects of narcotic drugs, marijuana and other dangerous drugs on the human system, and on the laws related to the control of these substances, or perform twenty‑four hours of community restitution.
I. This section does not apply to either:
1. A person who is licensed pursuant to title 3, chapter 2, article 4.1 and who possesses, uses, sells, produces, manufactures or transports industrial hemp as defined in section 3‑311.
2. A person who engages in the commercial production, processing, manufacturing, distribution or commerce of industrial hemp as defined in section 3‑311 in this state outside of the agricultural pilot program established pursuant to title 3, chapter 2, article 4.1 if the person's actions are authorized under federal law.
Sec. 5. Section 13-3415, Arizona Revised Statutes, is amended to read:
13-3415. Possession, manufacture, delivery and advertisement of drug paraphernalia; civil forfeiture; factors; classification; definitions
A. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia 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. Any person who violates this subsection is guilty of a class 6 felony. This subsection does not apply to the use or possession with the intent to use drug paraphernalia to violate section 13‑1405, subsection A, paragraph 1.
B. It is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should 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. Any person who violates this subsection is guilty of a class 6 felony.
C. It is unlawful for a person to place in a newspaper, magazine, handbill or other publication any advertisement knowing, or under circumstances where in which one reasonably should 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. Any person who violates this subsection is guilty of a class 6 felony.
D. All drug paraphernalia is subject to forfeiture pursuant to chapter 39 of this title. The failure to charge or the acquittal of an owner or anyone in control of drug paraphernalia in violation of this chapter does not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
E. In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use.
2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any drug.
3. The proximity of the object, in time and space, to a direct violation of this chapter.
4. The proximity of the object to drugs.
5. The existence of any residue of drugs on the object.
6. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom who he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter.
7. Instructions, oral or written, provided with the object concerning its use.
8. Descriptive materials accompanying the object which that explain or depict its use.
9. National and local advertising concerning its the object's use.
10. The manner in which the object is displayed for sale.
11. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
12. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.
13. The existence and scope of legitimate uses for the object in the community.
14. Expert testimony concerning its the object's use.
F. In For the purposes of this section, unless the context otherwise requires:
1. "Drug" means any narcotic drug, dangerous drug, marijuana or peyote.
2. "Drug paraphernalia" means all equipment, products and materials of any kind which that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a drug in violation of this chapter. It Drug PARAPHERNALIA includes:
(a) Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant which that is a drug or from which a drug can be derived.
(b) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing drugs.
(c) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which that is a drug.
(d) Testing equipment used, intended for use or designed for use in identifying or analyzing the strength, effectiveness or purity of drugs.
(e) Scales and balances used, intended for use or designed for use in weighing or measuring drugs.
(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting drugs.
(g) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
(h) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding drugs.
(i) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of drugs.
(j) Containers and other objects used, intended for use or designed for use in storing or concealing drugs.
(k) Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting drugs into the human body.
(l) Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, a narcotic drug, a dangerous drug, hashish or hashish oil into the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.
(ii) Water pipes.
(iii) Carburetion tubes and devices.
(iv) Smoking and carburetion masks.
(v) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.
(vi) Miniature cocaine spoons and cocaine vials.
(vii) Chamber pipes.
(viii) Carburetor pipes.
(ix) Electric pipes.
(x) Air‑driven pipes.
(xi) Chillums.
(xii) Bongs.
(xiii) Ice pipes or chillers.
Sec. 6. Effective date
Section 13-3405, Arizona Revised Statutes, as amended by Laws 2018, chapter 287, section 2 and this act, is effective from and after August 3, 2019.
