Marijuana Legislation Continues at Arizona State Capitol, Update Week 10

Efforts to advance marijuana-related bills at the Arizona State Capitol have remained sluggish, with little headway seen in recent weeks.

HB2770, which tackles issues surrounding interstate agreements and marijuana delivery, has made minimal strides. Its most recent action occurred on February 13th, when it successfully passed the Motion to Reconsider in the House Commerce Committee by a vote of 6-4. However, the bill has yet to move forward to the Rules Committee, leaving uncertainty about its eventual fate.

Meanwhile, despite the Arizona Attorney General’s stance on the legality of Delta 8, Senator Sonny Borrelli of LD 30 is persisting with SB1186, focusing on regulating hemp-derived products. The bill made significant progress as it cleared the Senate third read with 18 in favor, 9 against, and 3 not voting on Thursday morning, indicating ongoing legislative interest in this area.

In a recent interview with AzCentral, Borrelli expressed his suspicion that the dispensary industry may have influenced certain decisions related to marijuana legislation. He highlighted a $40,000 campaign contribution by the Arizona Dispensaries Association to a PAC supporting a colleague, stating, “Not surprised.” However, a spokesperson for the Arizona Attorney General dismissed Borrelli’s claims, asserting that “there’s not a shred of truth” to allegations of industry influence.


Second Read (Senate)
HB2451- Marijuana; Advertising; Restrictions
Passed Senate COW (Senate)
SB1186 Regulation; Hemp-Derived Products
No Movement
HB2664 -Cannabis Possession; School Zones; Definition
HB2770 marijuana; interstate agreements; delivery
SB1262- Marijuana; Social Equity Licenses; Enforcement


HB2451- Marijuana; Advertising; Restrictions

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 SUMMARY House Engrossed Version

HB2664 -Cannabis Possession; School Zones; Definition

No Movement
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

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

SB1186 Regulation; Hemp-Derived Products

03-14-2024 Passed Senate COW
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


SB1262- Marijuana; Social Equity Licenses; Enforcement

No Movement.
03-07-2024 Passed Motion to reconsider
03-06-2024 Failed Senate Third Read (vote 18-12)
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
(VPA) Prop 103 Voter Protection Act: yes

FULL TEXT Senate Engrossed Version

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