HB 2664
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: JUD DP 7-1-0-1-0-0
HB 2664: cannabis possession; school zones; definition
Sponsor: Representative Biasiucci, LD 30
Caucus & COW
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; HB 2664
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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)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note