Criminal Justice (Drug Policy)

SCR 1047 is a constitutional resolution (requiring voter approval) that establishes an Attorney General marijuana enforcement fund and a receiver system for social equity marijuana licenses. It creates a dedicated fund using existing marijuana-related monies to investigate fraud, enforce social equity program rules, support reentry programs for prior marijuana offenses, and fund community grants. The bill allows the Attorney General to appoint a receiver to take control of a social equity license if fraud, non-compliance, or predatory agreements occur, with strict qualifications for receivers. This directly affects social equity marijuana license holders, particularly those who may face license revocation or restoration processes due to violations. The resolution aims to strengthen enforcement of marijuana licensing rules while prioritizing community impact and program integrity.

HB 4075 automatically restores voting rights to individuals released from prison after a felony conviction in Arizona, eliminating the need for a separate application (via new Section 13-926). It also establishes automatic restoration of most civil rights (like jury service and firearm possession, excluding certain violent offenses) for first-time felony offenders upon completing probation and paying victim restitution (Section 13-907). The bill prohibits state employment discrimination based solely on prior felony or misdemeanor convictions, except for law enforcement roles (Section 13-904). These changes apply to individuals convicted of felonies in Arizona or other jurisdictions, with specific exceptions for dangerous or serious offenses regarding firearm rights.

HB 2048 amends Arizona's order of protection procedures to clarify and streamline the process for victims of domestic violence. It allows minors, third parties acting on behalf of incapacitated individuals, and others to file petitions, requires courts to review petitions without a hearing if reasonable cause exists, and specifies that orders can include restrictions on contact, exclusive residence possession, firearm prohibitions, and animal custody. The bill eliminates filing and service fees, mandates courts provide information about local emergency and counseling services, and prohibits mutual orders of protection while requiring consolidation of opposing petitions. This directly affects domestic violence victims, alleged abusers, and courts handling these cases.

Arizona's HB 2801 allows individuals convicted of specific low-level marijuana offenses occurring before November 30, 2020, to petition courts for expungement of their records. It directly affects people arrested or convicted for possessing ≤2.5 ounces of marijuana, growing ≤6 plants at home for personal use, or possessing related paraphernalia. The bill requires courts to grant expungement unless prosecutors prove ineligibility with clear evidence, sealing records and restoring civil rights like firearm possession. Agencies must remove expunged records from public access and cannot use them in future cases. This policy change takes effect July 12, 2021, for eligible cases.

HB 2421 prohibits private possession of assault weapons (defined as firearms with features like detachable magazines or specific stocks) and large-capacity magazines in Arizona. It applies to most residents, with exceptions for law enforcement, military personnel, and licensed dealers selling to those agencies. The bill requires existing owners to either surrender, permanently disable, or register their weapons within 90 days, including annual background checks and strict storage rules. Violations carry fines starting at $750 for first-time possession offenses, escalating to $5,000 for felony violations. The law does not affect government or military use, and registration is mandatory for retained weapons.

HB 2347 protects individuals who assist others during drug-related overdoses from criminal prosecution for drug possession or use. It requires people at overdose scenes to provide reasonable assistance (like calling 911) without endangering themselves, and shields both the helper and the overdose victim from charges related to the drug offense if medical help was sought. The law explicitly states that seeking medical assistance may be considered a mitigating factor in other criminal cases, while still allowing evidence collection and arrests for unrelated crimes. It defines "reasonable assistance" as contacting emergency services and "medical assistance" as care from licensed professionals.

HCR 2026 would allow individuals convicted of personal possession or use of controlled substances or drug paraphernalia to receive probation instead of immediate jail time, requiring participation in drug treatment or education programs. It mandates that courts place offenders on probation with treatment as a condition, and they must pay for programs based on their ability to pay. Exceptions include those convicted of violent crimes, three or more prior drug possession offenses, refusal to participate in treatment, or offenses involving methamphetamine or fentanyl (without a valid medical prescription). This proposal must be approved by Arizona voters to become law, as it is structured as a referendum measure.