REFERENCE TITLE: salvia divinorum; unlawful acts; defense

State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014

HB 2143

Introduced by Representatives Meyer, Mendez, Miranda, Steele: Alston, Gabaldón, Gonzales

 

AN ACT

 

amending title 13, chapter 34, Arizona Revised Statutes, by adding section 13-3424; relating to drug offenses.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

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

Section 1.  Title 13, chapter 34, Arizona Revised Statutes, is amended by adding section 13-3424, to read:

START_STATUTE13-3424.  Unlawful selling, dispensing, distributing, furnishing, administering or giving salvia divinorum; classification; definition

A.  It is unlawful for a person to sell, dispense, distribute, furnish, administer or give or offer to sell, dispense, distribute, furnish, administer or give salvia divinorum to a person who is under twenty-one years of age.

B.  It is an affirmative defense to a prosecution for a violation of this section that the person reasonably relied on fraudulent proof of age presented by the person who is under twenty-one years of age.

C.  A person who violates this section is guilty of a class 2 misdemeanor.

D.  For the purposes of this section, "salvia divinorum" means the herb salvia divinorum, salvinorin A or Divinorin A or any substance or material that contains salvia divinorum, salvinorin A or Divinorin A. END_STATUTE