The Ninth Circuit has determined that the Arizona statutes criminalizing drug possession and possession of drug paraphernalia are divisible with respect to the identity of the controlled substance. The analysis related to the drug possession statute followed the Arizona Supreme Court’s determination that jury unanimity is required with respect to the identity of the substance. But the Arizona Supreme Court declined to address whether such unanimity is required under the paraphernalia statute. Thus, though the Ninth Circuit determined that it is, it also noted that if the Arizona Supreme Court subsequently rules otherwise, the Arizona Supreme Court’s interpretation would govern.
The full text of Romero-Millan v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2022/08/29/16-73915.pdf