Assigned to JUD                                                                                                                     FOR COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Sixth Legislature, First Regular Session

 

FACT SHEET FOR s.b. 1159

 

drug paraphernalia; testing; analyzing; repeal

Purpose

Modifies the definition of drug paraphernalia to exclude testing equipment used, intended for use or designed for use in identifying or analyzing the strength, effectiveness or purity of drugs.

Background

Drug paraphernalia includes all equipment, products and materials of any kind 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 prohibited drug except for narcotic testing products that are used to determine whether a controlled substance contains fentanyl (A.R.S. § 13-3415).

It is unlawful for any person to deliver, possess with intent to deliver, manufacture with intent to deliver, 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 prohibited drug except as outlined for the responsible adult use of marijuana. Any person who is found to be in possession of drug paraphernalia is guilty of a class 6 felony (A.R.S.
§§ 13-3415 and 36-2852).

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 testing equipment used, intended for use or designed for use in identifying or analyzing the strength, effectiveness or purity of drugs.

2.   Makes conforming changes.

3.   Becomes effective on the general effective date.

Prepared by Senate Research

January 31, 2023

ZD/KS/sr