Arizona Legislative Deadline Marks Start of “Crossover Week” , Week 7

February 16th, 2024, marked a significant deadline in Arizona’s legislative calendar as it signaled the last day for bills to be heard in the chamber of origin standing committee. Any measure left unheard faced an uncertain fate, effectively rendered dead in the water. This milestone heralded the commencement of what is commonly referred to as “crossover week” in the state’s legislative session.

In the complex arena of Arizona’s legislative process, “crossover week” stands as a crucial period where bills face a make-or-break moment. With the deadline passed, attention turns to the intricate journey each proposed measure must undertake to remain viable for consideration throughout the remainder of the session.

At the heart of “crossover week” lies the imperative for bills to navigate through various stages of legislative scrutiny. Upon crossing over from their chamber of origin, bills embark on a structured pathway that encompasses multiple readings, committee reviews, and deliberative sessions.As “crossover week” unfolds, Arizona’s lawmakers navigate the intricate web of legislative procedures and political negotiations, striving to advance measures that reflect the diverse interests and priorities of the state’s residents.

The journey typically unfolds as follows:

1st Read: Bills are introduced and assigned to standing committees, such as Health and Human Services (HHS) or Military Affairs and Public Safety (MAPS).
2nd Read: (Formality)
Standing Committee: Committees assess the proposed measures, considering potential amendments to refine their scope and impact. Public testimony and discusion
Rules Committee: Bills are scrutinized to ensure they align with constitutional principles and procedural requirements.
Caucus Consideration: Each political party discuss each bill and how the party should vote.
Committee Of Whole (COW): Further amendments may be proposed and debated at this time.
3rd/Final Read Vote: Bills are subject to a final vote before advancing to the next stage.

Following successful passage through these stages, bills may either proceed directly to the Governor’s desk if no amendments are made in the opposite chamber or undergo further deliberation if amendments are introduced.

Should amendments occur in the chamber that the bill did not originate from, the bill is redirected to a Conference Committee. This Committee comprises Representatives appointed by the Speaker and Senators appointed by the President, each bringing their own perspective on how the bill should be shaped.

Once the Committee reaches a consensus, the amended bill is forwarded for final consideration. Upon agreement, the bill proceeds to the Governor’s desk for approval.

While the Governor retains the authority to veto bills, the legislature holds the power to override such vetoes through a two-thirds or three-fourths majority vote, depending on the nature of the measure.

Summary Of Bills Moving Forward

Passed as amended Committee Of Whole (COW)
HB2451- Marijuana; Advertising; Restrictions
Transmitted to Senate
HB2664 -Cannabis Possession; School Zones; Definition
Passed Third/ Final House Floor (41-16-2-0-1)
HB2664 -Cannabis Possession; School Zones; Definition
Senate Caucus
SB1262- Marijuana; Social Equity Licenses; Enforcement.
No Movement
HB2770 marijuana; interstate agreements; delivery
SB1186 Regulation; Hemp-Derived Products

Summary Of Bills Not Moving Forward

HB2175- Marijuana Monies; University Police
Dead: Failed to be heard by House Military Affairs and Public Safety (MAPS)
HB2301-Landlords; Tenant’s Marijuana Use
Dead: Failed to be heard by House Commerce (COM)
HB2452- Marijuana Funds; Uses; Enforcement
Dead: Failed to be heard by House Health & Human Services
HB2784 marijuana; warnings; mental health
Dead: Failed to be heard by House Health and Human Services (HHS)
HB2881- appropriation; medical marijuana; veterans; fees
Dead: Failed to be heard by House Military Affairs and Public Safety (MAPS) and House Appropriation (APPROP)
HCR2035- Marijuana; Unincorporated Areas; Reservations; Prohibition
Dead: Failed to be heard by House Regulatory Affairs (RA)
SB1076- Marijuana Funds; Uses; Enforcement.
Dead: Failed to be heard by Senate Health & Human Services
SB1395 School Personnel; Reporting; Drug Offenses
Dead: Failed to be heard by Senate Judiciary (JUD)
SB1401- Hemp-Derived Manufactured Impairing Cannabinoids
Dead: Failed to be heard by Senate Natural Resources, Energy and Water (NREW)

Details Of Bills Moving Forward

HB2451- Marijuana; Advertising; Restrictions

02-19-2024 Passed as amended Committee Of Whole (COW)
02-13-2024 Caucus
02-12-2024 Passed Rules
02-05-2024 Passed House Health & Human Services 10-0
(REMOVED) 01-29-2024 Scheduled House Health & Human Services
2:00 P.M. or upon recess or adjournment of Floor
01/22/2024 Second Read (House)
01/17/2024 Assigned House Health and Human Services (HHS)
01/12/2024 Introduced (House)

Prohibits a marijuana establishment or nonprofit medical marijuana dispensary from advertising to individuals under 21 years of age, on public transportation or publicly funded organizations, or electronically, unless the advertiser has reliable evidence that over 71.5% of the audience is over the age of 21. Requires all advertising to contain a warning that marijuana is for adults and that persons using the product should ensure that they keep the product away from children. Prohibits advertising on a billboard within 1,000 feet, if in the line of sight, from a childcare center, church, public park, public playground or public or private school that provides instruction to students from preschool through grade 12. Provides that violations of this part of law give the advertiser 30 days to rectify the violation. Prohibits any advertisement for the potency of a product or tetrahydrocannabinol levels of marijuana or marijuana products. Prohibits any establishment that is not a marijuana establishment or nonprofit medical marijuana dispensary from advertising marijuana, products containing tetrahydrocannabinol or marijuana paraphernalia. Requires three-fourths of the legislature to take effect.
Sections Affected: 36-2859 Amended
Prime Sponsor: Montenegro
(VPA) Prop 103 Voter Protection Act: yes

HOUSE ENGROSSED VERSION
HOUSE SUMMARY House Engrossed Version
FISCAL NOTE

HB2664 -Cannabis Possession; School Zones; Definition

02-20-2024 Transmitted to Senate
02-20-2024 Passed Third/ Final House Floor (41-16-2-0-1)

02-13-2024 Caucus
02-12-2024 Passed Rules
02-07-2024 Passed House Judiciary 7-1-0-1
01-30-2024 House 2nd read
01-29-2024 Assigned House Judiciary (JUD)
01/23/2024 – Introduced (House)

(Unofficial Summary) Arizona’s House Bill 2664, currently under consideration in the State Legislature, proposes substantial amendments to Section 13-3411 of the Arizona Revised Statutes, specifically targeting drug offenses within drug-free school zones. The bill introduces key provisions making it illegal to sell, transfer, possess, use, or manufacture certain drugs, including marijuana and cannabis, within these zones. Notably, it seeks to elevate the presumptive, minimum, and maximum sentences for such offenses by one year, along with additional enhanced punishments. Convicted individuals face restricted eligibility for sentence suspension, probation, pardon, or release until the court-imposed sentence is served or commuted, coupled with a mandatory fine of at least $2,000 or three times the drug value. Additionally, school districts are mandated to display signs marking their premises as drug-free zones, while school personnel are obligated to report violations promptly. The bill introduces definitions for key terms like “cannabis,” “drug-free school zone,” “marijuana,” “person,” and “school,” aiming to provide clarity in enforcing these measures.
Sections Affected: 13-3411 Amended
Prime Sponsor: Biasiucci
(VPA) Prop 103 Voter Protection Act: no (but should be)
FULL TEXT House Engrossed Version
HOUSE SUMMARY: 02/16/2024 House Engrossed

HB2770 marijuana; interstate agreements; delivery

No Movement
02-13-2024 Passed Motion to Reconsider House Commerce (COMM) (vote 6-4) (video)
02-13-2024 Failed House Commerce (COMM) (vote 5-5) (video)
02-12-2024 House Second Read
02-08-2024 Assigned House Commerce (COMM)
02-08-2024 Introduced (House)

Allows the Governor to enter into an agreement with another state for the purposes of cross-jurisdictional coordination and enforcement of marijuana-related businesses authorized to conduct business in either this state or the other state and cross-jurisdictional delivery of marijuana and marijuana products between this state and the other state. Requires the agreement to ensure enforceable public health and safety standards, include a system to regulate and track the interstate delivery of marijuana and marijuana products (marijuana), and ensure that any marijuana delivered into this state, before sale to a consumer, is tested, packaged and labeled as required by statute. Allows the agreement to authorize Arizona agencies to provide policy recommendations and assist in implementing and enforcing the agreement. Allows a marijuana establishment or dual licensee (establishment) to deliver marijuana to a person located in and authorized to receive marijuana from the other state. Allows an establishment to receive marijuana from a person located in and authorized to export marijuana by the other state. Conditions enactment on amendment of federal law to allow for the interstate transfer of marijuana and an opinion from the U.S. Department of Justice allowing or tolerating the interstate transfer of marijuana, both by October 1, 2028. Requires the Arizona Department of Health Services to notify the Director of the Arizona Legislative Council on or before November 1, 2028, whether and when these two conditions were met. Effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature. Clarifies that a “designated location” may be an establishment’s retail location or where the marijuana is processed, manufactured or cultivated.
Prime: Wilmeth
Co-Sponsor: Gowan
Sections Affected:
36-2850 Amended
36-2854 Amended
41-116 Added
(VPA) Prop 103 Voter Protection Act: yes

FULL TEXT
HOUSE SUMMARY Caucus & COW

SB1186 Regulation; Hemp-Derived Products

No New Movement
02/06/2024 Caucus
02/05/2024 Rules
02-01-2024 Passed Senate Natural Resources, Energy and Water(NREW) (vote 5-2)
01/25/2024 Second Read (Senate)
01/24/2024 Assigned Senate Natural Resources, Energy and Water (NREW)
01/22/2024 Introduced (Senate)

(Unofficial Summary) Amends existing laws to regulate the production, processing, and sale of industrial hemp and hemp-derived products in Arizona. It defines key terms, sets THC concentration limits, and aligns state law with federal regulations. The bill establishes a licensing system for various roles in the hemp industry and sets out rules for labeling and selling hemp products, ensuring they are not marketed to children and are only sold to those over 21. It mandates that manufacturers provide a certificate of analysis for their products, which includes testing for contaminants and potency. The bill also creates an industrial hemp advisory council and provides an affirmative defense for certain marijuana-related charges for compliant licensees. Additionally, it allows for the inspection and regulation of hemp production and products, and outlines corrective actions for non-compliance
Sections Affected: 3-311 Amended
3-312 Amended
3-313. 3-314 Amended
3-316 Amended
3-317 Amended
3-318 Amended
3-320 Amended
Prime Sponsor: Borrelli
(VPA) Prop 103 Voter Protection Act: no

FULL TEXT
SENATE FACT SHEET

SB1262- Marijuana; Social Equity Licenses; Enforcement.

02-20-2024 Senate Caucus
02-13-2024 Passed Senate Health and Human Services (vote 7-0)
01-31-2024 Senate Second Read
01-30-2024 Senate – First Reading
01/24/2024 Introduced (Senate)

(Unofficial Summary) Proposes amendments to the Arizona Revised Statutes, introducing Section 36-2866, focusing on the social equity ownership program for marijuana establishment licenses. The bill sets conditions for the transfer of licenses held by entities with at least fifty-one percent ownership by a principal officer or board member under the social equity program. It addresses issues such as predatory agreements, rule violations by minority interest holders, undisclosed excluded felony offenses, and the absence of a marijuana facility agent card during the application process. Approval from the Attorney General is mandated for such transfers, with a provision for the original officer or board member to file complaints regarding predatory agreements. The bill grants authority to the Attorney General’s Office and the Department to enforce actions against those involved in predatory agreements and defines terms such as “minimum fair market value.” Additionally, a severability clause is included, ensuring the act’s effectiveness even if parts are deemed invalid, and it emphasizes a three-fourths vote requirement for legislative enactment.
Sections Affected: 36-2866 Added
Prime Sponsor: Borrelli
Co-Sponsor: Diaz
Gillette
Peña
(VPA) Prop 103 Voter Protection Act: yes

FULL TEXT Senate Engrossed Version
SENATE FACT SHEET: 02/09/2024 HHS

Details of Bills Not Moving Forward

HB2175- Marijuana Monies; University Police

Dead: Failed to be heard by House Military Affairs and Public Safety (MAPS)
01/22/2024 withdrawn from Monday at 2pm in House Military Affairs and Public Safety (MAPS)
01/16/2024 House 2nd read
01/10/2024 Assigned House Military Affairs And Public Safety (MAPS)
01/10/2024 House 1st Read
01/09/2024 Introduced (House)

Adds university police departments under the Arizona Board of Regents as a recipient of excess funds in the Smart and Safe Arizona fund. 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.
Adds Indian reservation police agencies, Indian reservation firefighting agencies, as a recipient of excess funds in the Smart and Safe Arizona fund.
Sections Affected: 36-2856 Amended
Prime Sponsor: Payne
(VPA) Prop 103 Voter Protection Act: yes
FULL TEXT
HOUSE SUMMARY

HB2301-Landlords; Tenant’s Marijuana Use

Dead: Failed to be heard by House Commerce (COM)
01/22/2024 Second Read (House)
01/17/2024 Assigned House Commerce (COM)
01/10/2024 Introduced (House)

A landlord may not terminate a tenant rental agreement because the tenant uses marijuana.
Sections Affected: 33-1317.01 Added
Prime Sponsor: Austin
Co-Sponsor: Aguilar
Crews
Gutierrez
Ortiz
Villegas
(VPA) Prop 103 Voter Protection Act: no

FULL TEXT

HB2452- Marijuana Funds; Uses; Enforcement

Dead: Failed to be heard by House Health & Human Services
FISCAL NOTE ADDED
(Removed) Monday 02-05-2024 Scheduled House Health & Human Services Monday room HHR 4
2:00 P.M. or upon recess or adjournment of Floor
01/23/2024 Second Read (House)
01/22/2024 Assigned House Health and Human Services (HHS)
01/12/2024 Introduced (House)

Permits monies in the Medical Marijuana Fund or the Smart and Safe Arizona Fund to be used interchangeably to implement this bill. Adds grants for the Arizona Poison Control System for operations and to support health care providers and providing public health and safety education related to, the Attorney General to investigate and enforce actions pertaining to, and municipal police departments, county sheriff departments, and tribal police agencies to investigate and take action against, the illicit sale of marijuana and intoxicating cannabinoids to required expenditures by the State Treasurer from the Smart and Safe Arizona fund are spent. Authorizes the Attorney General to use monies from either fund to investigate and take enforcement action related to the illicit sale, marketing, and distribution of marijuana and illicit cannabinoids. Due to voter protection, certain sections of this legislation require the affirmative vote of at least 3/4 of the members of each house of the Legislature for passage.
Sections Affected: 36-2817 Amended
36-2856 Amended
Prime Sponsor: Montenegro
(VPA) Prop 103 Voter Protection Act: yes

FULL TEXT
HOUSE SUMMARY

HB2784 marijuana; warnings; mental health

Dead: Failed to be heard by House Health and Human Services (HHS)
02/08/2024 House Second Read
02/06/2024 Assigned House Health and Human Services (HHS)
02/06/2024 Introduced (House)

Requires the Arizona Department of Public Health and Safety to adopt rules with specific language requiring each marijuana establishment and nonprofit medical marijuana dispensary, at their own cost, to display a conspicuous sign that warns of the risk that marijuana use may contribute to mental health problems, including an increased risk of psychotic disorders such as schizophrenia and psychosis. Requires any marijuana product packaging labeled for sale to include a consumer scannable tetrahydrocannabinol quick response code or similar technology linking to a webpage that displays the warning: “Marijuana use may contribute to mental health problems, including an increased risk of psychotic disorders such as schizophrenia and psychosis.” Legislative findings. Effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.
Parker B Prime
Carbone Co-Sponsor
Heap Co-Sponsor
Jones Co-Sponsor
Marshall Co-Sponsor
Parker J Co-Sponsor
Smith Co-Sponsor
Sections Affected:
36-2803 Amended
36-2854.01 Amended
36-2854 Amended
(VPA) Prop 103 Voter Protection Act: yes

FULL TEXT

HB2881- appropriation; medical marijuana; veterans; fees

Dead: Failed to be heard by House Military Affairs and Public Safety (MAPS) and House Appropriation (APPROP)
02-12-2024 House Second Read
02-08-2024 Assigned House Appropriation (APPROP)
02-08-2024 Assigned House Military Affairs and Public Safety (MAPS)
02-08-2024 Introduced (House)

Appropriates $10,000,000 from the general fund in FY2024-25 to the Arizona Department of Health Services for the issuance and renewal of registry identification cards for veterans of the United States Armed Forces. These funds are exempt from lapsing.
Mathis Prime
(VPA) Prop 103 Voter Protection Act: yes

FULL TEXT

HCR2035- Marijuana; Unincorporated Areas; Reservations; Prohibition

Dead: Failed to be heard by House Regulatory Affairs (RA)
01-29-2024 Second Read
01/25/2024 Assigned House Regulatory Affairs (RA)
01/12/2024 Introduced

(Unofficial summary) This passage outlines restrictions on issuing nonprofit medical marijuana dispensary registration certificates, certifying third-party laboratories, and granting marijuana establishment or testing facility licenses in unincorporated territory surrounded by an Indian reservation in Arizona. Additionally, it mentions the Secretary of State submitting a proposition related to this matter to voters at the next general election.
Sections Affected: (blank)
Prime Sponsor: Peshlakai
Co-Sponsor: Contreras L
Crews
Gutierrez
Hernandez L
Hernandez M
Ortiz
Quiñonez
Sandoval
Schwiebert
Seaman
Stahl Hamilton
Terech
Travers
Tsosie
Villegas
Hatathlie
(VPA) Prop 103 Voter Protection Act: no, because it goes to the voter

FULL TEXT

SB1076- Marijuana Funds; Uses; Enforcement.

Dead: Failed to be heard by Senate Health & Human Services
FISCAL NOTE ADDED
(REMOVED)01-30-2024 Scheduled Senate Health & Human Services
01-17-2024 Second Read (Senate)
01/16/2024 Assigned Senate Health and Human Services (HHS)
01/11/2024 Introduced (House)

Permits monies in the Medical Marijuana Fund or the Smart and Safe Arizona Fund to be used interchangeably to implement this bill. Adds grants for the Arizona Poison Control System for operations and to support health care providers and providing public health and safety education related to, the Attorney General to investigate and enforce actions pertaining to, and municipal police departments, county sheriff departments, and tribal police agencies to investigate and take action against, the illicit sale of marijuana and intoxicating cannabinoids to required expenditures by the State Treasurer from the Smart and Safe Arizona fund are spent. Authorizes the Attorney General to use monies from either fund to investigate and take enforcement action related to the illicit sale, marketing, and distribution of marijuana and illicit cannabinoids. Due to voter protection, certain sections of this legislation require the affirmative vote of at least 3/4 of the members of each house of the Legislature for passage.
Sections Affected: 36-2817 Amended
36-2856 Amended
Prime Sponsor: Shope
(VPA) Prop 103 Voter Protection Act: yes

FULL TEXT
SENATE SUMMARY

SB1395 School Personnel; Reporting; Drug Offenses

Dead: Failed to be heard by Senate Judiciary (JUD)
02-01-2024 Senate Second Read
01-31-2024 Assigned Senate Judiciary (JUD)
01-25-2024 Introduced Senate

Grants schools the authority to determine their approach regarding the possession, use, sale, or transfer of marijuana, peyote, prescription drugs, dangerous drugs, or narcotic drugs, as well as the manufacture of dangerous drugs within drug-free school zones. However, it removes the requirement for administrators to report violations directly to law enforcement officers immediately.
Sections Affected 13-3411 Amended
15-746 Amended
Prime Sponsor: Alston
Co-Sponsor: Fernandez
(VPA) Prop 103 Voter Protection Act: no

FULL TEXT

SB1401- Hemp-Derived Manufactured Impairing Cannabinoids

Dead: Failed to be heard by Senate Natural Resources, Energy and Water (NREW)
02-01-2024 Senate Second Read
01-31-2024 Assigned Senate Natural Resources, Energy and Water (NREW)
01-31-2024 Introduced (Senate)

Expands the scope of regulated substances to include hemp-derived manufactured impairing cannabinoids. These cannabinoids, altered chemically from their natural state in hemp, include Delta-8, Delta-9 THC above 0.3% on a dry-weight basis (including ingestible products), Delta-10, hexahydrocannabinol, and others with impairing properties. The law excludes cannabinoids produced through decarboxylation without chemical catalysts, as well as non-intoxicating cannabinoids like CBD, CBN, CBG, CBC, CBL, CBDV, CBV, and THCV. This amendment modifies the definitions in Section 13-3401, effectively rendering these substances illegal.
Sections Affected: 13-3401 Amended
15-712 Amended
32-1901 Amended
Prime Sponsor: Shamp
Co-Sponsor: Carroll
Gowan
Kerr
(VPA) Prop 103 Voter Protection Act: no

FULL TEXT

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