Over the past two weeks, legislative developments have been HB2406 broadening its scope to regulate agricultural vaccinations and hemp products, while HB2447 has undergone a significant amendment from “investigation” to “verify,” addressing concerns about medical marijuana use during pregnancy.
The recently amended HB2406, originally focused on “agricultural vaccinations; disclosure,” has now broadened its scope to include “agriculture; hemp; regulation; vaccination; disclosure.” Initially, the bill permitted the labeling of certain animal products as “mRNA free” if they hadn’t received a mRNA vaccination, alongside prohibiting the administration of unapproved vaccines by the Director of the AZDA and State Veterinarian. However, the revised bill encompasses more comprehensive regulations.
In addition to the original provisions, HB2406 now amends existing laws to oversee the production, processing, and sale of industrial hemp and hemp-derived products in Arizona. It establishes THC concentration limits, aligns state law with federal regulations, and introduces a licensing system for various roles within the hemp industry.
The controversial amendment in HB2447 has undergone a significant alteration, shifting from “investigation” to “verify.” Originally focused on matters concerning the Department of Child Safety (DCS), HB2447 saw a substantial change through an 11-page amendment. The Senate Health and Human Services committee deliberated on this amendment, with DCS expressing reservations due to its potential clash with the Ridgell Vs DCS court of appeals ruling.
The case centered on Ridgell, a former DCS employee who used medical marijuana to alleviate hyperemesis gravidarum during pregnancy—a condition marked by severe nausea, vomiting, and dehydration affecting about one in 1000 pregnant women. Ridgell’s inclusion in the central registry, typically reserved for those considered unsuitable to work with vulnerable populations, would have invalidated her social work degree.
The crux of the issue lies in the scope of the “verification” process—are authorities delving into the mother’s entire medical marijuana history, or are they simply confirming the legitimacy of her medical card? This distinction is crucial as a comprehensive investigation might be excessive for mere verification purposes. The concerns surrounding this ambiguity have been somewhat mitigated with the adoption of the new language.
Summary
Passed Motion to Reconsider
Failed Senate Third Read (vote 13-17-0)
Senate COW Passed as amended
HB2406 Agriculture; Hemp; Regulation; Vaccination; Disclosure
Transmitted to Governor
Passed House Final Read (vote 51-7-2)
House Concur Motion
House Caucus (Concurrence Recommended)
Transmitted to House
Passed Senate Third Read
Passed Senate COW as amended
HB2447- Department of Child Safety; Continuation (medical marijuana investigation DCS)
Senate Caucus
Senate Rules
HB2451- Marijuana; Advertising; Restrictions
Senate COW
Senate Causcus
Senate Rules
HB2664 -Cannabis Possession; School Zones; Definition
House COW (retained)
House COW (retained)
SB1410 Marijuana; Interstate Agreements; Delivery
Details
HB2406 Agriculture; Hemp; Regulation; Vaccination; Disclosure
04-02-2024 Passed Motion to Reconsider
04-02-2024 Failed Senate Third Read (vote 13-17-0)
04-02-2024 Senate COW Passed as amended
HB2406 permits the labeling of aquaculture, livestock, or poultry products made from unvaccinated animals, specifying that they must be labeled as “mRNA free” in black text on an orange background, with certain size restrictions. It prohibits the AZDA Director and State Veterinarian from mandating or administering unapproved mRNA vaccines and aligns state hemp laws with federal regulations. The bill establishes a licensing system for the hemp industry, sets THC limits, mandates product testing, creates an advisory council, and outlines regulations for production, sales, and non-compliance actions.
Prime Sponsor: Gillette
Amendment Sponsor: Borrelli
(VPA) Prop 103 Voter Protection Act: no
SENATE FACT SHEET: As Passed COW
HB2447- Department of Child Safety; Continuation (medical marijuana investigation DCS)
04-04-2024 Transmitted to Governor
04-04-2024 Passed House Final Read (vote 51-7-2)
04-04-2024 House Concur Motion
04-03-2024 House Caucus (Concurrence Recommended)
04-02-2024 Transmitted to House
04-02-2024 Passed Senate Third Read
04-02-2024 Passed Senate COW as amended
03-19-2024 Passed as Amended, Senate Health and Human Services (HHS) (vote5-2-0)
03-14-2024 Senate 11 page Proposed Shope Amendment added
(unofficial summary) Arizona Revised Statute 8-455 outlines the functions and regulations of the centralized intake hotline, including reporting possible crimes and Department of Child Safety (DCS) reports. An addition to this statute mandates verification by the department if prenatal cannabis exposure is suspected, contingent upon the mother being a qualifying patient with a valid registry identification card.
Prime Sponsor: Montenegro
(VPA) Prop 103 Voter Protection Act: no
House Engrossed Version
Adopted Amendments Senate Health and Human Services
SENATE FACT SHEET: As Passed COW
HB2451- Marijuana; Advertising; Restrictions
04-02-2024 Senate Caucus
04-01-2024 Senate Rules
03-19-2024 Passed Senate Health and Human Services (HHS) (vote 5-0-2)
03-11-2024 Second Read (Senate)
03-07-2024 Assigned to Senate Health & Human Services (HHS)
02-29-2024 Transmitted to Senate
02-28-2024 Passed House Third Read (49-10-0-0-1)
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
04-04-2024 Senate COW
04-03-2024 Senate Causcus
04-01-2024 Senate Rules
03-21-2024 Passed Senate Judiciary (JUD) (vote 4-2-1)
02-26-2024 Senate Second Read
02-22-2024 Assigned Senate House Judiciary (JUD)
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
SB1410 Marijuana; Interstate Agreements; Delivery
04-04-2024 House COW (retained)
04-02-2024 House COW (retained)
3-26-2024 House Caucus
03/18/2024 Passed as Amended House Land Agriculture and Rural Affairs (LARA) (vote 5-2-1-1)
03/12/2024 Assigned House Land Agriculture and Rural Affairs (LARA)
03/06/2024 Transmitted to House
(unoffical summary) 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. Instructs AZDHS to ruling making of adult use marijuana delivery and broadens the scope from 25 miles to 300 miles.
Prime Sponsor: Gowan
(VPA) Prop 103 Voter Protection Act: yes
FULL TEXT Senate Engrossed Version
Adopted Amendments HOUSE Land, Agriculture & Rural Affairs Strike Everything