ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: JUD DP 7-1-0-1

HB 2664: cannabis possession; school zones; definition

Sponsor: Representative Biasiucci, LD 30

House Engrossed

Overview

Makes changes to existing criminal statute that imposes certain sentencing enhancements for drug offenses that are committed in a drug free school zone, including by adding cannabis to the list of drugs for which these enhancements may apply and stating that the drug may be by any form or medium.

History

Current statute makes it is illegal for a person to do any of the following:

1) intentionally be present in a drug free school zone to sell or transfer marijuana, peyote, dangerous drugs or narcotic drugs;

2) possess or use marijuana, peyote, dangerous drugs or narcotic drugs in a drug free school zone; or

3) manufacture dangerous drugs in a drug free school zone.

A person who violates this law is guilty of the same felony as the person would be guilty of if the offense was not committed in a drug free school zone, except that the applicable presumptive, minimum and maximum sentence is increased by one year (in addition to other applicable sentence enhancements that may apply). Moreover, the person is generally ineligible for probation or release until the imposed sentence is served, and the person must pay a fine of at least $2,000 or three times the value of the drugs involved in the violation, whichever is greater, and the fine may not exceed the statutory maximum in A.R.S. title 13, chapter 8. Schools are required to create an official map designating the boundaries of the school free drug zone and post signs stating so at the entrances of the facility. School personnel are required to report observed violations to a school administrator and to give school records of alleged offenders to a peace officer upon written request signed by a magistrate.

A drug free school zone is defined as the area within 300 feet of a school or its accompanying grounds, any public property within 1000 feet of a school or its accompanying grounds, a school bus stop or any school bus or bus contracted to transport pupils to any school (A.R.S. § 13-3411).

Cannabis means the following substances under whatever names they may be designated:

1) The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin. This does not include oil or cake made from the seeds of such plant, any fiber, compound, manufacture, salt, derivative, mixture or preparation of the mature stalks of such plant except the resin extracted from the stalks or any fiber, oil or cake or the sterilized seed of such plant which is incapable of germination;

2) Every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol.

Marijuana means all parts of any plant of the genus cannabis, from which the resin has not been extracted, whether growing or not, and the seeds of such plant. This does not include the mature stalks of such plant or the sterilized seed of such plant which is incapable of germination (A.R.S. § 13-3401).

A.R.S. title 36, chapter 28.2 regulates the responsible adult use of marijuana. However, A.R.S. § 36-2851, paragraph 9 specifies that this chapter does not prohibit the state of Arizona or its political subdivisions from prohibiting or regulating conduct otherwise allowed by the chapter when such conduct occurs on or in property that is occupied, owned, controlled or operated by the state of Arizona or its political subdivisions. Moreover, A.R.S. § 36-2853 establishes penalties for possessing marijuana above the legal limit; underage purchase of marijuana; possession, consumption, transfer or transport of marijuana by minors; and unlicensed cultivation of marijuana.

Provisions

1. Adds cannabis to the list of drugs that are illegal to possess, sell, transfer or use in a drug free school zone and specifies that these drugs may be by any form or medium. (Sec. 1)

2. Adds that the one-year sentence enhancement for drug offenses in a drug free school zone applies in accordance with A.R.S. § 36-2851 and notwithstanding A.R.S. § 36-2853. (Sec. 1)

3. Clarifies the penalty for possessing, selling, transferring or using the listed drugs in a drug free school zone as the same class of felony as the corresponding offenses listed under A.R.S. title 13, chapter 34 and A.R.S. §§ 13-701 and 13-702 except that the presumptive, minimum and maximum sentence shall be increased by one year. (Sec. 1)

4. Defines terms as follows:

a) cannabis has the same meaning prescribed in A.R.S. § 13-3401;

b) marijuana has the same meaning prescribed in A.R.S. § 13-3401; and

c) person means any individual regardless of age or attendance at a school. (Sec. 1)

5. Makes technical and conforming changes. (Sec. 1)

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9. HB 2664

10. Initials JL/MB Page 0 House Engrossed

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