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ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

FACT SHEET FOR S.B. 1486

 

drug paraphernalia; definition; testing equipment

Purpose

            Excludes specified narcotic drug testing products from the definition of drug paraphernalia.

Background

            Drug paraphernalia is all equipment, products and materials of any kind which 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 an illegal drug. Current statute includes testing equipment used, intended for use or designed for use in identifying or analyzing the strength, effectiveness or purity of drugs in the definition of drug paraphernalia.

            In Arizona, it is unlawful for any person to deliver, possess or manufacture drug paraphernalia. It is also illegal to publish any advertisement to promote the sale of objects designed or intended for use as drug paraphernalia. Individuals found to be in possession of drug paraphernalia are guilty of a class 6 felony (A.R.S. § 13-3415).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Modifies the definition of drug paraphernalia to exclude narcotic drug testing products that are used to determine whether a controlled substance contains fentanyl or a fentanyl analog.

2.   Makes technical changes.

3.   Becomes effective on the general effective date.

Prepared by Senate Research

February 15, 2021

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