Arizona Revised Statutes § 12-990 Definitions

12-990. Definitions

In this article, unless the context otherwise requires:

1. " Clandestine drug laboratory" means real property on which methamphetamine, ecstasy or LSD is being manufactured or where a person is arrested for having on any real property chemicals or equipment used in manufacturing methamphetamine, ecstasy or LSD. In the case of a space rental mobile home or recreational vehicle park, clandestine drug laboratory means the mobile home or recreational vehicle in which methamphetamine, ecstasy or LSD is being manufactured or where a person is arrested for having in the mobile home or recreational vehicle chemicals or equipment used in manufacturing methamphetamine, ecstasy or LSD.

2. " Drug laboratory site remediation firm" means a firm that is certified by the state board of technical registration pursuant to title 32, chapter 1 and that performs remediation of residual contamination from the manufacture of methamphetamine, ecstasy or LSD or the storage of chemicals or equipment used in manufacturing methamphetamine, ecstasy or LSD.

3. " Ecstasy" has the same meaning prescribed in section 13-3401, paragraph 6 and includes any of the precursor chemicals, regulated chemicals, other substances or equipment used in the unlawful manufacture of the dangerous drug.

4. " Gross contamination" means the chemicals, equipment and other items that are found in a clandestine drug laboratory and that are removed by a law enforcement agency or other agency.

5. " LSD" has the same meaning prescribed in section 13-3401, paragraph 6 and includes any of the precursor chemicals, regulated chemicals, other substances or equipment used in the unlawful manufacture of the dangerous drug.

6. " Methamphetamine" has the same meaning prescribed in section 13-3401, paragraph 6 and includes any of the precursor chemicals, regulated chemicals, other substances or equipment used in the unlawful manufacture of the dangerous drug.

7. " Real property" includes the area within a structure and, except in a mobile home park or a recreational vehicle park, the area that surrounds a structure and that is within the land boundary or property lines of any of the following:

(a) Property that is used primarily for residential or commercial purposes.

(b) Property that is governed by the Arizona residential landlord and tenant act as prescribed by title 33, chapter 10.

8. " Residually contaminated portion of the real property" means the structure or unit where gross contamination was removed and the area of any adjacent structure, unit or land where visible evidence of residual contamination is observed by a peace officer, including any of the following:

(a) If gross contamination is removed from a house, mobile home or recreational vehicle and the notice of removal is posted for the entire house, mobile home or recreational vehicle, the entire house, mobile home or recreational vehicle, not just the room or rooms in which the gross contamination is found.

(b) If gross contamination is removed from a detached shed or garage, the other structures on the land are not affected and the notice of removal is posted only for the detached shed or garage, the detached shed or garage unless visible evidence of residual contamination is found in any of the other structures.

(c) If gross contamination is removed from a hotel, motel room or apartment unit, or any commercial unit in a multiunit structure, the adjacent rooms are not affected and the notice of removal is posted only for the contaminated room or unit, the contaminated room or unit unless visible evidence of residual contamination is found in an adjacent room or unit.

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Last modified: October 13, 2016