In re the Appeal in Pima County Delinquency Action No. 79577-2
In re the Appeal in Pima County Delinquency Action No. 79577-2
Opinion of the Court
OPINION
The juvenile was adjudicated delinquent and appeals from the trial court’s finding that he violated A.R.S. § 13-3411(A)(1). The minor was charged by petition on April 29, 1988, with a violation of A.R.S. § 13-3411, unlawful possession of marijuana within 300 feet of a school, and with a violation of A.R.S. § 13-3415(A), posses
A.R.S. § 13 — 3411(A)(1) states:
A. Both of the following are unlawful:
1. For a person to intentionally be present with one or more persons within three hundred feet of a school or its accompanying grounds to possess, use or sell marijuana.
The juvenile maintains that the legislative purpose in enacting the statute was to deter non-students from entering school grounds with the intention to either distribute or otherwise promote illegal substances. The juvenile argues that since he was intentionally present at a school in which he was regularly enrolled, and since he was present during normal school hours, he should have been charged and adjudicated for the mere possession of marijuana.
We disagree with the juvenile’s argument that if A.R.S. § 13-3411 “merely increased the penalty for unlawful possession of marijuana to a class 3 felony if committed on school grounds, the statute itself would be a redundancy, and its intent provision would be meaningless.” To convict a person charged under this statute, the state must prove that the person was intentionally present with one or more persons within the designated area and intentionally possessed marijuana.
The juvenile was properly adjudicated delinquent on both charges, and we affirm.
. He does not contest his adjudication on the possession of drug paraphernalia count, nor does he challenge the probationary disposition.
. When apprehended, the juvenile asked the investigating officer if it was against the law to look at marijuana.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.