Arizona 2023 Regular Session

Arizona Senate Bill SB1159 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~Senate Engrossed~~ drug paraphernalia; testing; analyzing; repeal State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 ~~SENATE BILL~~ 1159 An Act amending section 13-3415, Arizona Revised Statutes; relating to drugs. (TEXT OF BILL BEGINS ON NEXT PAGE)
	1	+	REFERENCE TITLE: drug paraphernalia; testing; analyzing; repeal State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1159 Introduced by Senators Marsh: Shope An Act amending section 13-3415, Arizona Revised Statutes; relating to drugs. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9		-	~~Senate Engrossed~~ drug paraphernalia; testing; analyzing; repeal
	9	+	REFERENCE TITLE: drug paraphernalia; testing; analyzing; repeal
10	10		State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
11		-	SENATE BILL 1159
	11	+	SB 1159
	12	+	Introduced by Senators Marsh: Shope
12	13
13		-	Senate Engrossed
14		-
15		-
16		-
17		-	drug paraphernalia; testing; analyzing; repeal
	14	+	REFERENCE TITLE: drug paraphernalia; testing; analyzing; repeal
18	15
19	16
20	17
21	18
22	19
23	20
24	21
25	22
26	23
27	24		State of Arizona
28	25
29	26		Senate
30	27
31	28		Fifty-sixth Legislature
32	29
33	30		First Regular Session
34	31
35	32		2023
36	33
37	34
38	35
39	36
40	37
41	38
42	39
43		-	SENATE BILL 1159
	40	+	SB 1159
	41	+
	42	+
	43	+
	44	+	Introduced by
	45	+
	46	+	Senators Marsh: Shope
	47	+
	48	+
	49	+
	50	+
	51	+
	52	+
	53	+
	54	+
	55	+
	56	+
	57	+
	58	+
44	59
45	60
46	61
47	62
48	63
49	64		An Act
50	65
51	66
52	67
53	68		amending section 13-3415, Arizona Revised Statutes; relating to drugs.
54	69
55	70
56	71
57	72
58	73
59	74		(TEXT OF BILL BEGINS ON NEXT PAGE)
60	75
61	76
62	77
63	78		Be it enacted by the Legislature of the State of Arizona: Section 1. Section 13-3415, Arizona Revised Statutes, is amended to read: START_STATUTE13-3415. Possession, manufacture, delivery and advertisement of drug paraphernalia; civil forfeiture; factors; classification; definitions A. Except as provided in section 36-2852 and section 36-2853, subsection C, it is unlawful for any person 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 drug in violation of this chapter. Any person who violates this subsection is guilty of a class 6 felony. B. Except as provided in section 36-2852 and section 36-2853, subsection C, it is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used 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 drug in violation of this chapter. Any person who violates this subsection is guilty of a class 6 felony. C. It is unlawful for a person to place in a newspaper, magazine, handbill or other publication any advertisement knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a class 6 felony. D. All drug paraphernalia is subject to forfeiture pursuant to chapter 39 of this title. The failure to charge or acquittal of an owner or anyone in control of drug paraphernalia in violation of this chapter does not prevent a finding that the object is intended for use or designed for use as drug paraphernalia. E. In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following: 1. Statements by an owner or by anyone in control of the object concerning its use. 2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any drug. 3. The proximity of the object, in time and space, to a direct violation of this chapter. 4. The proximity of the object to drugs. 5. The existence of any residue of drugs on the object. 6. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter. 7. Instructions, oral or written, provided with the object concerning its use. 8. Descriptive materials accompanying the object that explain or depict its use. 9. National and local advertising concerning its use. 10. The manner in which the object is displayed for sale. 11. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products. 12. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise. 13. The existence and scope of legitimate uses for the object in the community. 14. Expert testimony concerning its use. F. For the purposes of this section: 1. "Drug" means any narcotic drug, dangerous drug, marijuana or peyote. 2. "Drug paraphernalia" means 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 drug in violation of this chapter. Drug paraphernalia includes: (a) Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant that is a drug or from which a drug can be derived. (b) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing drugs. (c) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant that is a drug. (d) Testing equipment used, intended for use or designed for use in identifying or analyzing the strength, effectiveness or purity of drugs, other than narcotic drug testing products that are used to determine whether a controlled substance contains fentanyl or a fentanyl analog. (e) (d) Scales and balances used, intended for use or designed for use in weighing or measuring drugs. (f) (e) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting drugs. (g) (f) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana. (h) (g) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding drugs. (i) (h) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of drugs. (j) (i) Containers and other objects used, intended for use or designed for use in storing or concealing drugs. (k) (j) Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting drugs into the human body. (l) (k) Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, a narcotic drug, a dangerous drug, hashish or hashish oil into the human body, such as: (i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls. (ii) Water pipes. (iii) Carburetion tubes and devices. (iv) Smoking and carburetion masks. (v) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand. (vi) Miniature cocaine spoons and cocaine vials. (vii) Chamber pipes. (viii) Carburetor pipes. (ix) Electric pipes. (x) Air-driven pipes. (xi) Chillums. (xii) Bongs. (xiii) Ice pipes or chillers. END_STATUTE
64	79
65	80		Be it enacted by the Legislature of the State of Arizona:
66	81
67	82		Section 1. Section 13-3415, Arizona Revised Statutes, is amended to read:
68	83
69	84		START_STATUTE13-3415. Possession, manufacture, delivery and advertisement of drug paraphernalia; civil forfeiture; factors; classification; definitions
70	85
71	86		A. Except as provided in section 36-2852 and section 36-2853, subsection C, it is unlawful for any person 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 drug in violation of this chapter. Any person who violates this subsection is guilty of a class 6 felony.
72	87
73	88		B. Except as provided in section 36-2852 and section 36-2853, subsection C, it is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used 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 drug in violation of this chapter. Any person who violates this subsection is guilty of a class 6 felony.
74	89
75	90		C. It is unlawful for a person to place in a newspaper, magazine, handbill or other publication any advertisement knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a class 6 felony.
76	91
77	92		D. All drug paraphernalia is subject to forfeiture pursuant to chapter 39 of this title. The failure to charge or acquittal of an owner or anyone in control of drug paraphernalia in violation of this chapter does not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
78	93
79	94		E. In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:
80	95
81	96		1. Statements by an owner or by anyone in control of the object concerning its use.
82	97
83	98		2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any drug.
84	99
85	100		3. The proximity of the object, in time and space, to a direct violation of this chapter.
86	101
87	102		4. The proximity of the object to drugs.
88	103
89	104		5. The existence of any residue of drugs on the object.
90	105
91	106		6. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter.
92	107
93	108		7. Instructions, oral or written, provided with the object concerning its use.
94	109
95	110		8. Descriptive materials accompanying the object that explain or depict its use.
96	111
97	112		9. National and local advertising concerning its use.
98	113
99	114		10. The manner in which the object is displayed for sale.
100	115
101	116		11. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
102	117
103	118		12. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.
104	119
105	120		13. The existence and scope of legitimate uses for the object in the community.
106	121
107	122		14. Expert testimony concerning its use.
108	123
109	124		F. For the purposes of this section:
110	125
111	126		1. "Drug" means any narcotic drug, dangerous drug, marijuana or peyote.
112	127
113	128		2. "Drug paraphernalia" means 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 drug in violation of this chapter. Drug paraphernalia includes:
114	129
115	130		(a) Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant that is a drug or from which a drug can be derived.
116	131
117	132		(b) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing drugs.
118	133
119	134		(c) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant that is a drug.
120	135
121	136		(d) Testing equipment used, intended for use or designed for use in identifying or analyzing the strength, effectiveness or purity of drugs, other than narcotic drug testing products that are used to determine whether a controlled substance contains fentanyl or a fentanyl analog.
122	137
123	138		(e) (d) Scales and balances used, intended for use or designed for use in weighing or measuring drugs.
124	139
125	140		(f) (e) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting drugs.
126	141
127	142		(g) (f) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
128	143
129	144		(h) (g) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding drugs.
130	145
131	146		(i) (h) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of drugs.
132	147
133	148		(j) (i) Containers and other objects used, intended for use or designed for use in storing or concealing drugs.
134	149
135	150		(k) (j) Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting drugs into the human body.
136	151
137	152		(l) (k) Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, a narcotic drug, a dangerous drug, hashish or hashish oil into the human body, such as:
138	153
139	154		(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.
140	155
141	156		(ii) Water pipes.
142	157
143	158		(iii) Carburetion tubes and devices.
144	159
145	160		(iv) Smoking and carburetion masks.
146	161
147	162		(v) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.
148	163
149	164		(vi) Miniature cocaine spoons and cocaine vials.
150	165
151	166		(vii) Chamber pipes.
152	167
153	168		(viii) Carburetor pipes.
154	169
155	170		(ix) Electric pipes.
156	171
157	172		(x) Air-driven pipes.
158	173
159	174		(xi) Chillums.
160	175
161	176		(xii) Bongs.
162	177
163	178		(xiii) Ice pipes or chillers. END_STATUTE