HB2002 - 531R

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

Section 1. Section 13-3405, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3405. Possession, use, production, sale or transportation of marijuana; civil penalty; 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 less than two pounds one ounce is guilty of a class 6 felony subject to a civil penalty of not more than one hundred dollars, except that if the person does not pay the penalty in full within ninety days, the penalty increases to double the original amount.

2. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of at least two pounds one ounce but less than four two pounds is guilty of a class 5 felony petty offense.

3. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of four two pounds or more is guilty of a class 4 felony 3 misdemeanor.

4. 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. 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. 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. 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 3 misdemeanor.

8. 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 6 felony.

9. 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 5 felony.

10. 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. 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, 8, 9 or 11 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.

C. Notwithstanding any other penalty prescribed by this title, a juvenile who is adjudicated delinquent for a first violation of this section shall be sentenced pursuant to this subsection. The court shall order the juvenile to complete at least ten hours of community restitution with an agency or organization that provides 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. If the juvenile does not complete community restitution within one year, the juvenile is subject to all other penalties prescribed by this section. The juvenile's parent or guardian shall be notified of the juvenile's violation of this section and drug awareness programs that are available.

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 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 may 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, 7 or 10 and who is granted probation by the court shall be ordered by the court that as a condition of probation the person 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 of this section is granted probation for a felony violation of this section, the court shall order that as a condition of probation the person perform not less than twenty‑four eight 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. END_STATUTE

Sec. 2. Section 13-3419, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3419. Multiple drug offenses not committed on the same occasion; sentencing

A. Except for a person who is found responsible for or convicted of possession offenses pursuant to section 13‑3405, subsection A, paragraph 1, or who is convicted of possession offenses pursuant to section 13‑3407, subsection A, paragraph 1 or section 13‑3408, subsection A, paragraph 1, a person who is convicted of two or more offenses under this chapter that were not committed on the same occasion but that either are consolidated for trial purposes or are not historical prior felony convictions shall be sentenced for the second or subsequent offense pursuant to this section. The person shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31‑233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41‑1604.07 or the sentence is commuted, except that a person sentenced pursuant to paragraph 1 of this subsection shall be eligible for probation. The presumptive term for paragraph 1, 2, 3 or 4 of this subsection may be aggravated under this section pursuant to section 13‑701, subsections C and D. The presumptive term for paragraph 1, 2 or 3 of this subsection may be mitigated within the range under this section pursuant to section 13‑701, subsections C and E. The terms are as follows:

1. For two offenses for which the aggregate amount of drugs involved in one offense or both of the offenses is less than the statutory threshold amount for the second offense:

Felony Mitigated Minimum Presumptive Maximum Aggravated

Class 2 3 years 4 years 5 years 10 years 12.5 years

Class 3 1.8 years 2.5 years 3.5 years 7 years 8.7 years

Class 4 1.1 years 1.5 years 2.5 years 3 years 3.7 years

Class 5 .5 years .75 years 1.5 years 2 years 2.5 years

2. For three or more offenses for which the aggregate amount of drugs involved in one offense or all of the offenses is less than the statutory threshold amount for any offense subsequent to the second offense:

Felony Mitigated Minimum Presumptive Maximum Aggravated

Class 2 3 years 4 years 5 years 10 years 12.5 years

Class 3 1.8 years 2.5 years 3.5 years 7 years 8.7 years

Class 4 1.1 years 1.5 years 2.5 years 3 years 3.7 years

Class 5 .5 years .75 years 1.5 years 2 years 2.5 years

3. For two offenses for which the aggregate amount of drugs involved in one offense or all of the offenses equals or exceeds the statutory threshold amount for the second offense:

Felony Mitigated Minimum Presumptive Maximum Aggravated

Class 2 3 years 4 years 5 years 10 years 12.5 years

Class 3 1.8 years 2.5 years 3.5 years 7 years 8.7 years

Class 4 1.1 years 1.5 years 2.5 years 3 years 3.7 years

Class 5 .5 years .75 years 1.5 years 2 years 2.5 years

4. For three or more offenses for which the aggregate amount of drugs involved in one offense or all of the offenses equals or exceeds the statutory threshold amount for any offense subsequent to the second offense:

Felony Minimum Presumptive Maximum Aggravated

Class 2 4 years 7 years 12 years 15 years

Class 3 2.5 years 5 years 9 years 11.2 years

Class 4 1.5 years 3 years 5 years 6.2 years

Class 5 .75 years 2.5 years 4 years 5 years

B. If the court increases or decreases a sentence pursuant to this section, the court shall state on the record the reasons for the increase or decrease.

C. The court shall inform all of the parties before the sentencing occurs of its intent to increase or decrease a sentence pursuant to this section. If the court fails to inform the parties, a party waives its right to be informed unless the party timely objects at the time of sentencing. END_STATUTE

Sec. 3. Section 41-1604.16, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1604.16. Parole or community supervision eligibility for persons previously convicted of possession or use of marijuana, a dangerous drug or a narcotic drug

A. Notwithstanding any law to the contrary, if a prisoner has been convicted of or found responsible for the possession or use of marijuana pursuant to section 13‑3405, subsection A, paragraph 1, or convicted of the possession or use of a dangerous drug pursuant to section 13‑3407, subsection A, paragraph 1 or possession or use of a narcotic drug pursuant to section 13‑3408, subsection A, paragraph 1 and the prisoner is not concurrently serving another sentence, the prisoner is eligible for parole or if the offense for which the prisoner was incarcerated was committed on or after January 1, 1994, the prisoner is eligible for community supervision.

B. Any person who has previously been convicted of a violent crime as defined in section 13-901.03 or who has previously been convicted and sentenced in any jurisdiction in the United States of any felony offense is not eligible for parole or community supervision pursuant to this section. If the department is unable to determine if a person has a prior felony conviction, the department shall refer the inmate record to the sentencing court. The sentencing court shall determine if the person has a prior felony conviction. For the purposes of this subsection, the age of the conviction does not matter.

C. On or before June 3, 1997, the director of the state department of corrections shall prepare a list that identifies each person who is eligible for parole or community supervision pursuant to this section and shall deliver the list to the board of executive clemency.

D. An offense that is committed in another jurisdiction and that is not classified as a felony in Arizona is not a felony offense for purposes of this section. END_STATUTE