Legislative Update 2023, Week13, April 1st to 7th
The world of cannabis legislation is continually growing, and this year’s session is no exception. As we enter Week 13 of the legislation session 2023, there are only three cannabis bills left, and one of them has undergone significant changes.
SB1029, which was initially sponsored by Senator Kern and dealt with felony murder, fentanyl, and sentencing, has been amended to focus on marijuana tax collection and reporting enforcement. The bill requires the Department of Revenue to provide an annual report of the previous fiscal year’s marijuana tax collections from marijuana establishments and nonprofit medical marijuana dispensaries to the Department of Health Services. The latter department will compare the data provided to actual revenue and inventory of marijuana establishments and nonprofits, and report any discrepancies to the Attorney General’s Office for investigation and enforcement action.
Meanwhile, the fate of SB1271, which left synthetic cannabinoids in the hands of the Department of Agriculture, remains uncertain. The bill was never scheduled for the House Appropriations Committee after it was withdrawn from the House Land Agriculture Rural Affairs Committee.
HB2631, which sought to establish a marijuana regulatory board, also died on the floor after a motion to reconsider failed. The bill passed on the second vote but needed a ¾ vote because of the Voter Protection Act, which it didn’t get.
On a positive note, SB1466, which aims to expand the medical marijuana program, is making progress and may pass and become law by August.
Finally, there’s HB2446, which has passed the Senate Third Read with a 23-7 vote and is now waiting to be signed by the Governor. The bill deals with the tax money in the smart and safe fund for distribution.
Summary
Strike All & Amend EVERYTHING
Was SB1029- FELONY MURDER; FENTANYL; SENTENCING
Now SB -1029- MARIJUANA TAX; COLLECTION; REPORTING ENFORCEMENT
Never Called To House Appropriations
SB-1271 HEMP-DERIVED PRODUCTS; REGULATION
Passed House Health & Human Services
SB1466 – MEDICAL MARIJUANA; ADULT USE MARIJUANA
Transferred to Governor’s Desk
HB2446- SMART AND SAFE FUND; DISTRIBUTION
Failed Motion To Reconsider
HB2631- MARIJUANA REGULATORY BOARD; LICENSING QUALIFICATION
Details
HB2446- SMART AND SAFE FUND; DISTRIBUTION
Transmitted to Governor 4-6-23
Passed Senate Third Read 4-5-23 (vote 23-7-0-0-0)
Passed Senate COW
Passed Senate Caucus 3-14-23
Passed Senate Rules 3-13-23
Passed Senate Military Affairs and Public Safety 3-8-23 (VIDEO to come)(vote 7-0)
Senate Second Read 3-01-23
Senate First Read 2-28-23
Transmitted To Senate 2-23-23
Passed Third Read House 2-23-23 (Video to come) (vote-60-0)
Passed: COW as amended 2-22-23
Passed: Consent
Passed: Caucus 2-21-23
Passed: Rules 2-21-23
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
HB2631- MARIJUANA REGULATORY BOARD; LICENSING QUALIFICATION
Failed Reconsideration 3-30-23 (vote 41-17-2-0-0)
Passed Misc Motion (Motion to extend the time to be heard)
Passed Motion To Reconsider 3-8-23
Failed House Third Read 3-8-23 (VIDEO to come)
Passed House COW 03-01-23 (Video to come)
Passed House Rules 2-27-23 (Video to come)
Passed House Caucus 2-27-23 (Video to come)
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 matters, licenses and registrations, equipment and other property, and related personnel to be transferred 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
SB-1271 HEMP-DERIVED PRODUCTS; REGULATION
Failed to be scheduled House Appropriations
Amended and Held March 13th, Land, Agriculture & Rural Affairs (VIDEO to come)
Held March 6th, Land, Agriculture & Rural Affairs Committee 2pm.
House Second Read, 2-28-23
House First Read, 2-27-23
Transmitted to House 2-20-23
Passed 3rd Read 2-20-23 (VIDEO) (vote 29-0-1-0-0)
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 required 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 industrial hemp licenses 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
SB1466 – MEDICAL MARIJUANA; ADULT USE MARIJUANA
Passed House Health & Human Services 3-20-23 (vote 7-2-0-0-0)
House Second Read 3-8-23
Assigned House Health & Human Services 3-7-23
House First Read 3-7-23
Transmitted To House 3-03-23
Passed Senate Third Read 3-02-23 (Video to come) (vote- 24-6-0)
Amended Senate COW 3-01-23
Senate Republican Caucus:02/21/2023
Senate Democratic Caucus:02/20/2023
Passed Senate Rules 2-20-23
Passed Senate Health and Human Services 2/14/23 (VIDEO) (vote 7-0)
https://youtu.be/2sIdvOfmheY
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 regarding 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 misleading manner, and from selling or advertising marijuana 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
All information provided by azleg.gov and azcapitolreports.com
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