Commencement of civil marijuana violation actions; original citation changes

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22-702. Commencement of civil marijuana violation actions; original citation changes

A. A civil marijuana violation case may be commenced by issuance or filing of a uniform traffic ticket and complaint. A peace officer may issue the complaint.

B. A civil marijuana violation shall be commenced as follows:

1. If a case is commenced by issuance, the case shall be issued within sixty days after the alleged violation.

2. If the case is commenced by filing, the case shall be filed within sixty days after the alleged violation and shall be served within ninety days after the filing date.

C. A complaint alleging a civil marijuana violation may be served by delivering a copy of the uniform traffic ticket and complaint to the person who is charged with the violation or by any means authorized by the Arizona rules of civil procedure.

D. On an original citation, if a peace officer changes the date, time or location of the violation or the section of law that is allegedly violated, the original citation must be amended through the court pursuant to court rule.

E. A peace officer may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of section 36-2853 and to serve a copy of the complaint for an alleged civil violation of section 36-2853.

F. The original complaint shall be filed in a court having jurisdiction of the violation within ten court days after the time the complaint was issued.


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