| 13-3411 |
NARCOTIC NEWS
Drug Law in Arizona 13-3411
Drug Law in Arizona 13-3411
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Possession, use, sale or transfer of marijuana, peyote, prescription drugs,
dangerous drugs or narcotic drugs or manufacture of dangerous drugs in a
drug free school zone; violation; classification; definitions
dangerous drugs or narcotic drugs or manufacture of dangerous drugs in a
drug free school zone; violation; classification; definitions
A. It is unlawful 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, prescription-only drugs, dangerous drugs or narcotic drugs.
2. Possess or use marijuana, peyote, dangerous drugs or narcotic drugs in a
drug free school zone.
3. Manufacture dangerous drugs in a drug free school zone.
B. A person who violates subsection A of this section is guilty of the same class
of felony that the person would otherwise be guilty of had the violation not
occurred within a drug free school zone, but the minimum, maximum and
presumptive sentence for that violation shall be increased by one year. A
person convicted of violating subsection A of this section is not eligible for
suspension of sentence, probation, pardon or release from confinement on
any basis except pursuant to section 31-233, subsection A or B until the
sentence imposed by the court has been served or commuted. The additional
sentence imposed under this subsection is in addition to any enhanced
punishment that may be applicable under section 13-604 or other provisions of
this chapter.
C. In addition to any other penalty prescribed by this title, the court shall order a
person convicted of a violation of this section to pay a fine of not less than two
thousand dollars or three times the value as determined by the court of the
drugs involved in or giving rise to the charge, whichever is greater, and not
more than the maximum authorized by chapter 8 of this title. A judge shall not
suspend any part or all of the imposition of any fine required by this subsection.
D. Each school district's governing board or its designee, or the chief
administrative officer in the case of a nonpublic school, shall place and
maintain permanently affixed signs located in a visible manner at the main
entrance of each school that identifies the school and its accompanying
grounds as a drug free school zone.
E. The drug free school zone map prepared pursuant to title 15 shall constitute
an official record as to the location and boundaries of each drug free school
zone. The school district's governing board or its designee, or the chief
administrative officer in the case of any nonpublic school, shall promptly notify
the county attorney of any changes in the location and boundaries of any school
property and shall file with the county recorder the original map prepared
pursuant to title 15.
F. All school personnel who observe a violation of this section shall
immediately report the violation to a school administrator. The administrator
shall immediately report the violation to a peace officer. It is unlawful for any
school personnel or school administrator to fail to report a violation as
prescribed in this section.
G. School personnel having custody or control of school records of a student
involved in an alleged violation of this section shall make the records available
to a peace officer upon written request signed by a magistrate. Records
disclosed pursuant to this subsection are confidential and may be used only in
a judicial or administrative proceeding. A person furnishing records required
under this subsection or a person participating in a judicial or administrative
proceeding or investigation resulting from the furnishing of records required
under this subsection is immune from civil or criminal liability by reason of
such action unless the person acted with malice.
H. A person who violates subsection F of this section is guilty of a class 3
misdemeanor.
I. For purposes of this section:
1. "Drug free school zone" means the area within three hundred feet of a school
or its accompanying grounds, any public property within one thousand feet of a
school or its accompanying grounds, a school bus stop or on any school bus
or bus contracted to transport pupils to any school.
2. "School" means any public or nonpublic kindergarten program, common
school or high school.
1. Intentionally be present in a drug free school zone to sell or transfer
marijuana, peyote, prescription-only drugs, dangerous drugs or narcotic drugs.
2. Possess or use marijuana, peyote, dangerous drugs or narcotic drugs in a
drug free school zone.
3. Manufacture dangerous drugs in a drug free school zone.
B. A person who violates subsection A of this section is guilty of the same class
of felony that the person would otherwise be guilty of had the violation not
occurred within a drug free school zone, but the minimum, maximum and
presumptive sentence for that violation shall be increased by one year. A
person convicted of violating subsection A of this section is not eligible for
suspension of sentence, probation, pardon or release from confinement on
any basis except pursuant to section 31-233, subsection A or B until the
sentence imposed by the court has been served or commuted. The additional
sentence imposed under this subsection is in addition to any enhanced
punishment that may be applicable under section 13-604 or other provisions of
this chapter.
C. In addition to any other penalty prescribed by this title, the court shall order a
person convicted of a violation of this section to pay a fine of not less than two
thousand dollars or three times the value as determined by the court of the
drugs involved in or giving rise to the charge, whichever is greater, and not
more than the maximum authorized by chapter 8 of this title. A judge shall not
suspend any part or all of the imposition of any fine required by this subsection.
D. Each school district's governing board or its designee, or the chief
administrative officer in the case of a nonpublic school, shall place and
maintain permanently affixed signs located in a visible manner at the main
entrance of each school that identifies the school and its accompanying
grounds as a drug free school zone.
E. The drug free school zone map prepared pursuant to title 15 shall constitute
an official record as to the location and boundaries of each drug free school
zone. The school district's governing board or its designee, or the chief
administrative officer in the case of any nonpublic school, shall promptly notify
the county attorney of any changes in the location and boundaries of any school
property and shall file with the county recorder the original map prepared
pursuant to title 15.
F. All school personnel who observe a violation of this section shall
immediately report the violation to a school administrator. The administrator
shall immediately report the violation to a peace officer. It is unlawful for any
school personnel or school administrator to fail to report a violation as
prescribed in this section.
G. School personnel having custody or control of school records of a student
involved in an alleged violation of this section shall make the records available
to a peace officer upon written request signed by a magistrate. Records
disclosed pursuant to this subsection are confidential and may be used only in
a judicial or administrative proceeding. A person furnishing records required
under this subsection or a person participating in a judicial or administrative
proceeding or investigation resulting from the furnishing of records required
under this subsection is immune from civil or criminal liability by reason of
such action unless the person acted with malice.
H. A person who violates subsection F of this section is guilty of a class 3
misdemeanor.
I. For purposes of this section:
1. "Drug free school zone" means the area within three hundred feet of a school
or its accompanying grounds, any public property within one thousand feet of a
school or its accompanying grounds, a school bus stop or on any school bus
or bus contracted to transport pupils to any school.
2. "School" means any public or nonpublic kindergarten program, common
school or high school.