ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
marijuana violations; court jurisdiction; procedures
Purpose
An emergency measure that makes changes to court jurisdiction related to civil marijuana violations.
Background
The annual salary of each justice of the peace (JP) is determined by the total judicial productivity credits of each court based on statistics compiled by the Arizona Supreme Court. Statute outlines a formula to calculate the credits (A.R.S. 22-125).
On November 3, 2020, the voters passed Proposition 207, which made several statutory changes related to the recreational use of marijuana. Under Proposition 207, a person who is at least 21 years old may lawfully possess and use one ounce or less of marijuana, including not more than five grams of marijuana concentrate, and can possess up to six marijuana plants at that person's primary residence, the marijuana produced by those plants and marijuana accessories. For a person who is under 21 years old, Proposition 207 reduced the penalties for unlawful use of marijuana to a civil penalty for the first violation, a petty offense for a second violation and a class 1 misdemeanor for subsequent violations (A.R.S. 36-2853).
Beginning July 12, 2021, an individual may petition the court to have specified marijuana arrests, charges, adjudications, convictions and sentences based on illegal conduct prior to the passage of proposition 207 expunged (A.R.S. 36-2862).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Grants the juvenile court jurisdiction over civil marijuana violations.
2. Allows the juvenile court to retain jurisdiction after a juvenile's 18th birthday for the purpose of expungement of outline marijuana offenses.
3. Grants juvenile hearing officers jurisdiction over civil violations involving the possession and personal use of marijuana, marijuana products and marijuana paraphernalia.
4. Adds civil marijuana cases and petitions to expunge specified marijuana offenses to the calculation of judicial productivity credits that the Arizona Supreme Court uses to determine JP salaries.
5. Grants justice courts and municipal courts, including civil traffic hearing officers, jurisdiction over civil marijuana violation cases.
6. Allows a civil marijuana violation case to be commenced by issuance or filing of a uniform traffic ticket and complaint and allows a peace officer to issue the complaint.
7. Requires a civil marijuana violation case to be issued within 60 days after the alleged violation if the case is commenced by issuance.
8. Requires a civil marijuana violation case to be filed within 60 days after the alleged violation if the case is commenced by filing and requires the filing to be served within 90 days after the filing date.
9. Allows a civil marijuana violation complaint to be served by delivering a copy of the uniform traffic ticket and complaint to the person who is charged with the violation by any means authorized by the Arizona Rules of Civil Procedure.
10. Requires the original marijuana citation to be amended through the court if a peace officer changes the date, time or location of the violation or the section of law that is allegedly violated on the original citation.
11. Allows a peace officer to stop and detain a person as is reasonably necessary to investigate an actual or suspected outlined marijuana violation and to serve a copy of the complaint for an alleged civil violation.
12. Requires the original complaint to be filed in a court with jurisdiction of the violation within 10 court days after the time the complaint was issued.
13. Makes technical and conforming changes.
14. Becomes effective on signature of the Governor, if the emergency clause is enacted.
House Action
CJR 2/3/21 DPA 9-0-0-0
3rd Read 2/11/21 58-1-1
Prepared by Senate Research
March 9, 2021
JA/kja