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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
cannabis possession; school zones; definition
Purpose
Prohibits the sale, transfer, possession or use of cannabis in any form or medium within a drug free school zone.
Background
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 of such plant, its seeds or its resin as outlined; or 2) every derivative of such resin or tetrahydrocannabinol as outlined. 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. A drug free school zone is: 1) the area within 300 feet of a school or its accompanying grounds; 2) any public property within 1,000 feet of a school or its accompanying grounds; or 3) a school bus stop or any school bus or bus contracted to transport pupils to any school (A.R.S. §§ 13-3401 and 13-3411).
A person who violates the prohibitions against the sale, transfer, possession or use of marijuana within a drug free school zone is guilty of the same class of felony that the person would otherwise be guilty of if the violation did not occur within a drug free school zone, except that the presumptive, minimum and maximum sentence must be increased by one year. The additional sentence imposed as outlined is in addition to any enhanced punishment that may be otherwise applicable. A person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as outlined until the sentence imposed by the court has been served or commuted (A.R.S. § 13-3411).
The Smart and Safe Arizona Act allowed the legalization, taxation, and recreational use of cannabis for adults 21 years old and over. The Smart and Safe Arizona Act does not prohibit the state or a political subdivision from prohibiting or regulating conduct otherwise allowed by the Smart and Safe Arizona Act when such conduct occurs on or in property that is occupied, owned, controlled or operated by the state or a political subdivision (A.R.S. § 36-2851).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits the sale, transfer, possession or use of cannabis in any form or medium within a drug free school zone.
2. Specifies that the one-year increase in penalties for violations in drug free school zones apply to corresponding offenses in criminal statute, in accordance with outlined provisions of the Smart and Safe Arizona Act.
3. Defines cannabis and marijuana.
4. Defines person as any individual regardless of age or attendance at a school.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
House Action
JUD 2/7/24 DP 7-1-0-1
3rd Read 2/20/24 41-16-2-0-1
Prepared by Senate Research
March 19, 2024
ZD/KK/cs