ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: CJR DPA 9-0-0-0

HB 2171: marijuana violations; court jurisdiction; procedures

Sponsor: Representative Blackman, LD 6

Committee on Criminal Justice Reform

Overview

An emergency measure that provides courts jurisdiction over civil marijuana violations.

History

Proposition 207 was passed during the 2020 general election and allows limited marijuana possession, use, and cultivation by adults 21 or older. Prop 207 allows a person to petition the court to have a criminal record expunged for certain specified marijuana offenses occurring before the effective date (A.R.S. § 36-2862). Prop 207 also amends criminal penalties for marijuana possession (A.R.S. § 36-2852). Civil penalties for violations relating to possessing above the allowed amount of certain specified forms of marijuana are outlined and range from a fine, a petty offense or a class one or three misdemeanor (A.R.S. § 36-2853)

Provisions

1. Adds civil marijuana violations to the juvenile court's jurisdiction. (Sec. 1)

2. Expands the cases a juvenile hearing officer may hear to include civil marijuana violations. (Sec. 2)

3. Adds civil marijuana counts to the list of judicial productivity credits used to determine the salaries for justices of the peace. (Sec. 5)

4. Adds Chapter 7 (Civil Marijuana Violations) to Title 22 (Justice and Municipal Courts) statutes. (Sec. 6)

5. Provides justice and municipal courts jurisdiction over civil marijuana violation cases. (Sec. 6)

6. Outlines the process for initiating a civil marijuana violation case. (Sec. 6)

7. Contains an emergency clause. (Sec. 7)

8. Makes technical and conforming changes. (Sec. 1, 3, 4)

Amendment

Committee on Judiciary

1. Provides the juvenile court with jurisdiction to hear an expungement case in which a juvenile is adjudicated delinquent for possession of marijuana or related paraphernalia.

2. Adds judicial productivity credits for a justice of the peace when receiving a petition for expungement.

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6. HB 2171

7. Initials LC/JR Page 0 Caucus & COW

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