Legislative Update 2023, Week 6, February 13th to 17th
The Arizona State capital had a week filled with subcommittee. There are plenty of new videos, so please check for links. It was an entertaining last hour for those of us that spent Valentine’s Day in the Senate Health and Human Services Committee. After all, the panel heard all 3 cannabis bills at the very end. The more in-depth testing bill 1709 was held. Then the controversy over hemp started with 1453, which failed. Finishing on a successful tone with 1466 that improves our medical program, passed. Also on a happy note, 2486, the psilocybin research bill passed with cheers, in House Military Affairs and Public Safety on the 13th.
This Friday the 17th was the last day for bills to be heard in the chamber of origin subcommittees. Meaning, it’s the last day that House bills can be heard in House subcommittees, and it’s the last day that Senate bills can be heard in Senate subcommittees.
If a bill has merely made it to Second read, or less, it is dead. However, the bill might come back as a striker, but we’ll explain that when it’s striker season.
Summary
Passed House MAPS\’;lpl’’’,m\ll;;;l;l;ll;l;n
HB2631- MARIJUANA REGULATORY BOARD; LICENSING QUALIFICATION
HB2486- CLINICAL RESEARCH; PSILOCYBIN; GRANTS; APPROPRIATION
Passed Rules, Consent & Caucus
SB-1271 HEMP-DERIVED PRODUCTS; REGULATION
Passed 2/14/23 House Commerce
HB2446- SMART AND SAFE FUND; DISTRIBUTION
Failed to pass 2/14/23 Senate Health and Human Services
SB1453 – HEMP-DERIVED IMPAIRING CANNABINOIDS; REGULATION
Passed 2/14/23 Senate Health and Human Services
SB1466 – MEDICAL MARIJUANA; ADULT USE MARIJUANA
Held 2/14/23 Senate Health and Human Services 2pm
SB1709 – MARIJUANA TESTING; COMPLAINTS; DISCLOSURE
Passed Senate Judiciary
SB1064- SENTENCING ENHANCEMENTS; DRUG-FREE ZONE
No movement
HB2393- MARIJUANA; TESTING
HB2776- LANDLORD; TENANT’S MARIJUANA USE
HCR2028- MARIJUANA; UNINCORPORATED AREAS; RESERVATIONS; PROHIBITION
SB1195-LICENSING; MARIJUANA ESTABLISHMENTS
SB1196- MARIJUANA ESTABLISHMENTS; DUAL LICENSING
SB1349 – MEDICAL CONDITIONS; MEDICAL MARIJUANA
SB1494 – HEALTH INSURANCE; COVERAGE; MEDICAL MARIJUANA lol ,; rd x a
SCR1022 – MARIJUANA; UNINCORPORATED AREAS; RESERVATIONS; PROHIBITION
Details
HB2393- MARIJUANA; TESTING
No Movement
Second Read: 1/30/23
Assigned: House Health and Human Services 1/26/23
Introduced: 01/12/23
The Arizona Department of Health Services (ADHS) is required to adopt rules for marijuana testing that define batch and ensure that nonprofit medical marijuana dispensaries are properly submitting marijuana and marijuana products for testing to ensure patient safety. ADHS is required to adopt and enforce rules regarding marijuana sampling procedures. ADHS is required to adopt rules to standardize how independent third-party laboratories test sample of marijuana and marijuana products, and to develop a standard form for laboratories to submit with test results. Beginning December 31, 2023, an independent third-party laboratory is required to be approved by ADHS to conduct testing for all of the contaminants required in order to be certified by ADHS. Beginning January 1, 2023, independent third-party laboratories are required to report to ADHS monthly aggregated testing data. Beginning December 31, 2025, ADHS is required to establish a laboratory to provide testing for medical marijuana, marijuana, and marijuana products to ensure compliant with certified independent third-party laboratories. Repeals the Medical Marijuana Testing Advisory Council. Due to voter protection, this legislation requires the affirmative vote of at least 3/4 of the members of each house of the Legislature for passage.
Sections Affected
36-2803 Amended
36-2804.07 Amended
36-2817 Amended
36-2821 Repealed
Sponsor
Longdon Prime
Hernandez A Co-Sponsor
Wilmeth Co-Sponsor
Shope Co-Sponsor
FOR MORE INFO
HB2446- SMART AND SAFE FUND; DISTRIBUTION
Passed: House Commerce 2/14/23 (VIDEO) (vote: 10-0)
Held: House Commerce 2/7/23
Scheduled: House Commerce 2/7/23
Second Read: 1/24/23
Assigned to House Health and Human Services 1/23/23
Introduced: 01/12/23
Modifies the distributions from the Smart and Safe Fund by adding Indian reservation police agencies, Indian reservation firefighting agencies, university police departments at universities under the jurisdiction of the Arizona Board of Regents, the Department of Public Safety, and joint powers authorities to the list of entities that receive 31.4 percent of Fund monies in proportion to the number of enrolled members in the Public Safety Personnel Retirement System. Retroactive to January 1, 2021. Due to voter protection, this legislation requires the affirmative vote of at least 3/4 of the members of each house of the Legislature for passage.
Sections Affected
36-2856 Amended
Sponsor:
Martinez Prime
Cook. Co-Sponsor
Gress. Co-Sponsor
Wilmeth Co-Sponsor
FOR MORE INFO
HB2486- CLINICAL RESEARCH; PSILOCYBIN; GRANTS; APPROPRIATION
Passed: House Military Affairs & Public Safety 2/13/23 (VIDEOlink) (vote 15-0)
Withdrawal: House Health & Human Services 2/1/23
Second read: 1/23/23
Assigned to House Rules
Assigned to House Appropriations
Assigned to House Health & Human Services
House First Read: 1/19/23
Introduced: 01/12/23
The Director of the Arizona Department of Health Services (ADHS) is required to provide competitive research grants for whom the Department of Health Services from issuing a nonprofit medical marijuana dispensary registration certificate, a marijuana establishment license, a marijuana testing facility license, or an independent third party laboratory certification at a location in unincorporated territory that is surrounded on all sides by an Indian Reservation in Arizona.
Payne Prime
Longdon Co-Sponsor
Travers Co-Sponsor
Shope Co-Sponsor
FOR MORE INFO
HB2631- MARIJUANA REGULATORY BOARD; LICENSING QUALIFICATION
Passed: House Military Affairs & Public Safety 2/13/23 (VIDEO) (vote 7-6-1-1)
Second Read 2/8/23
Assigned: 2/7/23 to House Military Affairs & Public Safety
First Read: 2/7/23
Introduced:2/6/23
An applicant for a new nonprofit medical marijuana dispensary registration certificate or a new marijuana establishment license is required to be an Arizona resident and must demonstrate residency with at least two documents from a specified list of documents that include the applicant’s name and address. Establishes a 7-member Arizona Marijuana Regulatory Board and transfers responsibility for the regulation of both medical marijuana and adult-use marijuana to the Board, from the Arizona Department of Health Services (ADHS). Session law provides for the transfer of all administrative matter, licenses and registrations, equipment and other property, and related personnel to be trasnferred to the Board from ADHS on January 1, 2025. Effective January 1, 2025. Due to voter protection, this legislation requires the affirmative vote of at least 3/4 of the members of each house of the Legislature for passage.
Sections Affected
36-2823 Added
36-2866 Added
41-3033.01 Added
Sponsor
Payne Prime
FOR MORE INFO
HB2776- LANDLORD; TENANT’S MARIJUANA USE
No movement
Second Read 2/8/23
Assigned: 2/7/23 to House Military Affairs & Public Safety
First Read: 2/7/23
Introduced:2/6/23
A landlord is prohibited from terminating a tenant’s rental agreement because the tenant uses marijuana.
Sections Affected
33-1317.01 Added
Sponsor
Austin Prime
Aguilar Co-Sponsor
Blattman Co-Sponsor
Bravo Co-Sponsor
Cano Co-Sponsor
Contreras L Co-Sponsor
Contreras P Co-Sponsor
De Los Santos Co-Sponsor
Gutierrez Co-Sponsor
Hernandez M Co-Sponsor
Longdon Co-Sponsor
Ortiz Co-Sponsor
Peshlakai Co-Sponsor
Quiñonez Co-Sponsor
Salman Co-Sponsor
Sandoval Co-Sponsor
Stahl Hamilton Co-Sponsor
Sun Co-Sponsor
FOR MORE INFO
HCR2028- MARIJUANA; UNINCORPORATED AREAS; RESERVATIONS; PROHIBITION
NO NEW MOVEMENT
Introduced: 1/17/23
The 2024 general election ballot is to carry the question of whether to amend state statute to prohibit the Department of Health Services from issuing a nonprofit medical marijuana dispensary registration certificate, a marijuana establishment license, a marijuana testing facility license, or an independent third party laboratory certification at a location in unincorporated territory that is surrounded on all sides by an Indian Reservation in Arizona.
Peshlakai Prime
FOR MORE INFO
SB1064- SENTENCING ENHANCEMENTS; DRUG-FREE ZONE
Passed Senate Judiciary 2/15/23 (VIDEO) (vote 6-1)
Held: Senate Judiciary- 2/9/23
Held: Senate Judiciary- 2/2/23
Second Read- 1/23/23
Assigned to Senate Judiciary- 1/23/23
Introduced-1/17/23
It is unlawful for a person to knowingly be present in a drug-free neighborhood zone” (defined) to sell or transfer marijuana, peyote, prescription-only drugs, dangerous drugs or narcotic drugs. A person in violation is guilty of the same class of felony that the person would otherwise be guilty of had the violation not occurred within a drug-free neighborhood zone, except that the presumptive, minimum and maximum sentence must be increased by one year, and the court is required to order the person to pay a fine of at least $2,000 or three times the value of the drugs involved, whichever is greater.
Sections Affected
13-3411 Amended
13-3424 Added
Kavanagh Prime
FOR MORE INFO
SB-1195 LICENSING; MARIJUANA ESTABLISHMENTS
No Movement
Second Read- 1/26/23
Assigned Senate Health and Human Services1/25/23
Introduced- 1/24/23
Beginning on the effective date of this legislation, the Arizona Department of Health Services (ADHS) is required to allow “Arizona small businesses” (defined) that have been awarded a marijuana establishment license but not a nonprofit medical marijuana dispensary registration certificate to apply for and receive a nonprofit medical marijuana dispensary registration certificate and become a dual licensee. ADHS is required to issue a nonprofit medical marijuana dispensary registration certificate to each qualified Arizona small business applicant on submittal of a complete application and the application fee. Contains legislative findings. Due to voter protection, this legislation requires the affirmative vote of at least 3/4 of the members of each house of the Legislature for passage. Emergency clause.
Sections Affected
36-2803.01 Amended
Sponsor
Gowan Prime
FOR MORE INFO
SB-1196 MARIJUANA ESTABLISHMENTS; DUAL LICENSING
No Movement
Second Read- 1/26/23
Assigned Senate Health and Human Services-1/25/23
Introduced- 1/24/24
A licensee is allowed to apply for a nonprofit medical marijuana dispensary registration certificate or a marijuana establishment license. The Arizona Department of Health Services is required to issue a nonprofit medical marijuana dispensary registration certificate or a marijuana establishment license to each qualified applicant on submittal of a complete application and the application fee. Due to voter protection, this legislation requires the affirmative vote of at least 3/4 of the members of each house of the Legislature for passage. Emergency clause.
Sections Affected
36-2854 Amended
Sponsor
Gowan Prime
FOR MORE INFO
SB-1271 HEMP-DERIVED PRODUCTS; REGULATION
Senate Caucus 2/14/23
Passed: Senate Consent 2/13/23
Passed Senate Rules 2/13/23
Passed: Senate Natural Resources, Energy and Water 2/9/23 (VIDEO) (vote 7-0)
Second Read: 1/31/23
Assigned: Senate Natural Resources, Energy and Water- 1/30/23
Introduced: 1/25/23
Numerous changes to statutes regulating “hemp-derived products” (defined). The Director of the Arizona Department of Agriculture (AZDA) is requirefd to oversee and prescribe requirements for labeling and retail sale of hemp-derived products in Arizona. Manufacturers and retailers are added to the list of entities that must obtain an industrial hemp licensed from AZDA. Establishes a method for calculating the total delta-9 tetrahydrocannabinol concentration of a crop.
Sections Affected
3-311 Amended
3-312 Amended
3-313. 3-314 Amended
3-316 Amended
3-317 Amended
3-320 Amended
Sponsor
Borrelli Prime
Gowan Co-Sponsor
FOR MORE INFO
SB1349 – MEDICAL CONDITIONS; MEDICAL MARIJUANA
No movement
Second Read: 2/9/23
Assigned Senate Health & Human Services 2/2/23
Introduced- 1/27/23
Summary: The definition of “debilitating medical condition” for the purpose of qualifying for a medical marijuana card is expanded to include any debilitating condition of autism spectrum disorder including agitation, rage attacks, or self-injurious conditions. A physician who provides written certification for a qualifying patient who is under 18 years of age and whose debilitating medical condition is autism is required to recommend to the patient’s designated caregiver the marijuana’s potency and quantity and the frequency of use, and must assess the patient monthly until the patient is taking a stable dose for the most beneficial results. Due to voter protection, this legislation requires the affirmative vote of at least 3/4 of the members of each house of the Legislature for passage.
Sections Affected
36-2801 Amended
36-2823 Added
Sponsor:
Sen. Juan Mendez (D)- Prime
Fernandez Co-Sponsor
Gonzales Co-Sponsor
Hernandez Co-Sponsor
Salman Co-Sponsor
FOR MORE INFO
SB1453 – HEMP-DERIVED IMPAIRING CANNABINOIDS; REGULATION
Fail to pass Senate Health and Human Services 2/14/23 (VIDEO) (vote 3-4)
Second Read: 2/9/23
Assigned Senate Health & Human Services 2/2/23
First Read- 2/1/23
Assigned- Senate Health and Human Services Committee 2/1/23
Introduced- 1/30/23
Summary:A person is prohibited from processing, manufacturing, distributing, or selling in Arizona “hemp-derived manufactured impairing cannabinoids” (defined) without a nonprofit medical marijuana dispensary registration certificate or a marijuana establishment license and without approval by the Arizona Department of Health Services (ADHS) to convert cannabidiol to tetrahydrocannabinol. ADHS is required to regulate hemp-derived manufactured impairing cannabinoids, and provisions that must be included in ADHS rules are listed, including labeling requirements, health warning requirements, and testing requirements. Establishes penalties for violations. ADHS is authorized to use monies in the Medical Marijuana Fund and the Smart and Safe Arizona Fund to implement and regulate hemp-derived manufactured impairing cannabinoids. Due to voter protection, this legislation requires the affirmative vote of at least 3/4 of the members of each house of the Legislature for passage.
Sponsor:
Sen. Thomas “T.J.” Shope (R)- Prime
FOR MORE INFO
SB1466 – MEDICAL MARIJUANA; ADULT USE MARIJUANA
Passed Senate Health and Human Services 2/14/23 (VIDEO) (vote 7-0)
Second Read: 2/9/23
Assigned- Senate Health and Human Services Committee 2/1/23
First Read- 2/1/23
Introduced- 1/30/23
Summary:By December 31, 2023, any marijuana or marijuana product packaging labeled for sale is required to include a consumer scannable tetrahydrocannabinol quick response code or similar technology linking to a webpage that displays a list of specified information for the specific marijuana product, including required warnings as determined by the Arizona Department of Health Services. By December 31, 2023, nonprofit medical marijuana dispensaries are required to procure, develop, acquire and maintain a system to track marijuana and marijuana products at all points of cultivation, manufacture and sale. Requirements for the system are listed. Nonprofit medical marijuana dispensaries are required to sell marijuana and marijuana products in clearly and conspicuously labeled containers with accurate warnings reagarding their use, and in child-resistant packaging on exit from the dispensary. Nonprofit medical marijuana dispensaries are prohibited from packaging or labeling marijuana or marijuana products in a false or misldeaing manner, and from selling or advertising maijuana or marijuana products to children or with names that resemble or imitate food or drink brands marketed to children. Due to voter protection, this legislation requires the affirmative vote of at least 3/4 of the members of each house of the Legislature for passage.
Sections Affected
36-2801.01 Amended
36-2801 Amended
36-2803 Amended
36-2803.03 Added
36-2804.05 Amended
36-2804.02 Amended
36-2806.03 Added
36-2817 Amended
36-2822 Amended
36-2854 Amended
36-2854.01 Amended
36-2856 Amended
42-5061 Amended
Sponsor:
Sen. Thomas “T.J.” Shope (R)- Prime
FOR MORE INFO
SB1494 – HEALTH INSURANCE; COVERAGE; MEDICAL MARIJUANA
No Movement
Second Read: 2/9/23
Assigned Senate Finance 2/2/23
First Read 2/2/23
Introduced- 1/30/23
Summary: Beginning January 1, 2025, health and disability insurers are required to provide coverage for medical marijuana that includes the cost of the marijuana and the registry identification card.
Sections Affected
20-841.14 Added
20-1057.20 Added
20-1376.11 Added
20-1406.11 Added
Sponsor:
Sen. Juan Mendez (D)- Prime
FOR MORE INFO
SB1709 – MARIJUANA TESTING; COMPLAINTS; DISCLOSURE
Held Senate Health and Human Services 2/14/23 (VIDEO)
Second Read: 2/9/23
Assigned- Senate Health and Human Services Committee 2/1/23
First Read- 2/1/23
Introduced- 1/30/23
The Arizona Department of Health Services (ADHS) is required to adopt rules for marijuana testing that define batch in a manner that appropriately balances the need for ensuring qualifying patients’ safety and precise potency information with the added cost that stricter requirements would impose on qualifying patients. ADHS is required to adopt and enforce rules regarding marijuana sampling procedures. ADHS is required to adopt rules to standardize how independent third-party laboratories test sample of marijuana and marijuana products, and to develop a standard form for laboratories to submit with test results. Beginning December 31, 2025, ADHS is required to contract with a third-party to collect random samples of marijuana and marijuana products to confirm that the certified test results match the products being sold. More. Due to voter protection, this legislation requires the affirmative vote of at least 3/4 of the members of each house of the Legislature for passage.
Sections Affected
36-2803 Amended
36-2817 Amended
36-2854.01 Amended
36-2866 Added
36-2867 Added
Sponsor:
Sen. Janae Shamp (R)
Borrelli Co-Sponsor
Gowan Co-Sponsor
Shope Co-Sponsor
FOR MORE INFO
SCR1022 – MARIJUANA; UNINCORPORATED AREAS; RESERVATIONS; PROHIBITION
No Movement
Second Read: 2/9/23
Assigned Senate Health & Human Services 2/2/23
First Read 2/2/23
Introduced- 1/30/23
Summary: The 2024 general election ballot is to carry the question of whether to amend state statute to prohibit the Department of Health Services from issuing a nonprofit medical marijuana dispensary registration certificate, a marijuana establishment license, a marijuana testing facility license, or an independent third-party laboratory certification at a location in unincorporated territory that is surrounded on all sides by an Indian Reservation in Arizona.
Sponsor:
Sen. Theresa Hatathlie (D)
FOR MORE INFO
All information provided by azleg.gov and azcapitolreports.com
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