Latest on Cannabis Bills in Arizona by Kush Kronicles

Latest on Cannabis Bills in Arizona by Kush Kronicles

This week there are three new marijuana bills. Two of which open up dual licensing, both from Senator Gowan. SB1195 appears to give dual licenses to social equity winners that did not team up with “big marijuana” companies. However, SB1196 hopes to do the same thing, just bigger and with no qualifications. SB1196 gives medical marijuana licenses without an adult use license both and vice versa, those adult use-only licenses will be awarded medical licenses. Let’s not forget Senator Borrelli’s bill SB1271. SB1271 looks like it rewrites the hemp act and allows the Arizona Department of Agriculture (AZDA) to manage the state’s hemp program. SB1271 also clarifies that products containing hemp-derived cannabinoids—like Delta-8 THC, Delta-10 THC, and even some hemp-derived Delta-9 THC products—can be sold to consumers at stores that are not licensed dispensaries

Summary

Bills introduced

SB-1195 LICENSING; MARIJUANA ESTABLISHMENTS

SB-1196 MARIJUANA ESTABLISHMENTS; DUAL LICENSING 

SB-1271 HEMP-DERIVED PRODUCTS; REGULATION

Bills assigned to committee

HB2446- SMART AND SAFE FUND; DISTRIBUTION

SB1064- SENTENCING ENHANCEMENTS; DRUG-FREE ZONE

SB-1195 LICENSING; MARIJUANA ESTABLISHMENTS

SB-1196 MARIJUANA ESTABLISHMENTS; DUAL LICENSING 

Bills 2nd read

HB2486- CLINICAL RESEARCH; PSILOCYBIN; GRANTS; APPROPRIATION

SB1064- SENTENCING ENHANCEMENTS; DRUG-FREE ZONE

No movement 

HB2393- MARIJUANA; TESTING 

HCR2028- MARIJUANA; UNINCORPORATED AREAS; RESERVATIONS; PROHIBITION 

Details

HB2393- MARIJUANA; TESTING

NO NEW MOVEMENT 

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

https://www.azleg.gov/legtext/56leg/1R/bills/HB2393P.pdf

HB2446- SMART AND SAFE FUND; DISTRIBUTION

Assigned to House Health and Human Services 

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

https://www.azleg.gov/legtext/56leg/1R/bills/HB2446P.pdf
Sponsored Links

HB2486- CLINICAL RESEARCH; PSILOCYBIN; GRANTS; APPROPRIATION

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 

https://www.azleg.gov/legtext/56leg/1R/bills/HB2486P.pdf

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 

https://www.azleg.gov/legtext/56leg/1R/bills/HCR2028P.pdf

SB1064- SENTENCING ENHANCEMENTS; DRUG-FREE ZONE

Second Read- 1/23/23

Assigned to 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 

https://www.azleg.gov/legtext/56leg/1R/bills/SB1064P.pdf

SB-1195 LICENSING; MARIJUANA ESTABLISHMENTS

Second Read- 1/26/23

Assigned Senate Health and Human Services1/25/23

Introduced- 1/24/24

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 

https://www.azleg.gov/legtext/56leg/1R/bills/SB1195P.htm

SB-1196 MARIJUANA ESTABLISHMENTS; DUAL LICENSING 

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 

https://www.azleg.gov/legtext/56leg/1R/bills/SB1196P.htm

SB-1271 HEMP-DERIVED PRODUCTS; REGULATION

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 

https://www.azleg.gov/legtext/56leg/1R/bills/SB1271P.pdf

All information provided by azleg.gov and azcapitolreports.com

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