Arizona 2025 Regular Session

Arizona Senate Bill SB1400 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: drug paraphernalia; testing; analyzing; repeal State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025 SB 1400 Introduced by Senators Burch: Alston, Epstein, Fernandez, Gabaldn, Kuby An Act amending section 13-3415, Arizona Revised Statutes; relating to drugs. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: drug paraphernalia; testing; analyzing; repeal
10	10	State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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12	12	Introduced by Senators Burch: Alston, Epstein, Fernandez, Gabaldn, Kuby
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14	14	REFERENCE TITLE: drug paraphernalia; testing; analyzing; repeal
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40	40	SB 1400
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44	44	Introduced by
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46	46	Senators Burch: Alston, Epstein, Fernandez, Gabaldn, Kuby
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64	64	An Act
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68	68	amending section 13-3415, Arizona Revised Statutes; relating to drugs.
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74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
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78	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
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Section 13-3415, Arizona Revised Statutes, is amended to read:
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84	84	START_STATUTE13-3415. Possession, manufacture, delivery and advertisement of drug paraphernalia; civil forfeiture; factors; classification; definitions
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86	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.
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88	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.
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90	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.
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92	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.
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94	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:
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96	96	1. Statements by an owner or by anyone in control of the object concerning its use.
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98	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.
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100	100	3. The proximity of the object, in time and space, to a direct violation of this chapter.
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102	102	4. The proximity of the object to drugs.
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104	104	5. The existence of any residue of drugs on the object.
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106	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.
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108	108	7. Instructions, oral or written, provided with the object concerning its use.
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110	110	8. Descriptive materials accompanying the object that explain or depict its use.
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112	112	9. National and local advertising concerning its use.
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114	114	10. The manner in which the object is displayed for sale.
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116	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.
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118	118	12. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.
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120	120	13. The existence and scope of legitimate uses for the object in the community.
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122	122	14. Expert testimony concerning its use.
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124	124	F. For the purposes of this section:
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126	126	1. "Drug" means any narcotic drug, dangerous drug, marijuana or peyote.
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128	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:
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130	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.
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132	132	(b) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing drugs.
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134	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.
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136	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.
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138	138	(e) (d) Scales and balances used, intended for use or designed for use in weighing or measuring drugs.
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140	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.
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142	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.
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144	144	(h) (g) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding drugs.
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146	146	(i) (h) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of drugs.
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148	148	(j) (i) Containers and other objects used, intended for use or designed for use in storing or concealing drugs.
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150	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.
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152	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:
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154	154	(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.
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156	156	(ii) Water pipes.
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158	158	(iii) Carburetion tubes and devices.
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160	160	(iv) Smoking and carburetion masks.
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162	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.
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164	164	(vi) Miniature cocaine spoons and cocaine vials.
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166	166	(vii) Chamber pipes.
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168	168	(viii) Carburetor pipes.
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170	170	(ix) Electric pipes.
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172	172	(x) Air-driven pipes.
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174	174	(xi) Chillums.
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176	176	(xii) Bongs.
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178	178	(xiii) Ice pipes or chillers. END_STATUTE