Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR H.B. 2664
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. FACT SHEET
H.B. 2664
Page 2
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
3
rd
Read 2/20/24 41-16-2-0-1
Prepared by Senate Research
March 19, 2024
ZD/KK/cs