Legislative Update 2023, Week 6, February 13th to 17th

Legislative Update 2023, Week 6, February 13th to 17th

By The Kush Kronicles

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

Sponsored Links

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

Thursday by 5 pm 

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