Written by: Allison Stein of Kush Kronicles

Legislative Update 2023

Weeks 1 & 2, January 9th to 20th

Well, the first week of the legislative session has happened. We are now onto the second week and we have four Cannabis bills. So far, there’s only one Cannabis bill that deals with testing. HB2393 leaves everything up to Arizona’s Department of Health Services to make decisions surrounding cannabis. HB2393 also starts a state-run cannabis testing facility. 

Representative Martinez dropped a bill, blended with representative Payne, bill HB2748 and Senator Shope’s bill SB1324 from the last session. HB2748 added the Department of Public Safety/DPS to the list of companies to receive funds from the Smart and Safe taxes. SB1324 included Indian reservation police and firefighting departments, as well as university police, to the list of departments to obtain funds from the Smart and Safe taxes.  Both SB1324 and HB2748 did not pass last year HB2446 seeks to add Indian reservation police, Indian reservation firefighters, university police, and DPS to the list of agencies to receive funds from the Smart and Safe taxes. 

As far as malicious bills, there is HCR2028. This bill hopes to prohibit cannabis facilities, near or around tribal land, and goes to the voter as a ballot initiative. This is because it is a HOUSE CONCURRENT RESOLUTION that does not go to the Governor’s desk, instead, it goes to the voter.  

SB1064 looks to increase sentences for transferring marijuana (among other things) in a “drug-free neighborhood zone”. We need more research to look closer at what goes into creating a “drug-free neighborhood zone” and how easy it is before it’s decided how this bill might play out in real-time life. 

This next bill has nothing to do with cannabis, except that it’s probably from the community’s favorite cannabis researcher and doctor. (So let’s cheer her bill on) HB2486 requires ADHS to provide competitive research grants for whole mushrooms’ psilocybin phase one, phase two, and phase three clinical trials. 

Summary

Bills introduced
HB2393- MARIJUANA; TESTING 
HB2446- SMART AND SAFE FUND; DISTRIBUTION 
HB2486- CLINICAL RESEARCH; PSILOCYBIN; GRANTS; APPROPRIATION
HCR2028- MARIJUANA; UNINCORPORATED AREAS; RESERVATIONS; PROHIBITION 
SB1064- SENTENCING ENHANCEMENTS; DRUG-FREE ZONE

Bills assigned to committee
HB2486- CLINICAL RESEARCH; PSILOCYBIN; GRANTS; APPROPRIATION

Details

HB2393- MARIJUANA; TESTING

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
Sponsors
Longdon Prime
Hernandez A Co-Sponsor
Wilmeth Co-Sponsor
Shope   Co-Sponsor
FOR MORE INFO

HB2446- SMART AND SAFE FUND; DISTRIBUTION

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
Sponsors
Martinez Prime
Cook.   Co-Sponsor
Gress.    Co-Sponsor
Wilmeth Co-Sponsor
FOR MORE INFO

HB2486- CLINICAL RESEARCH; PSILOCYBIN; GRANTS; APPROPRIATION

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.
Sponsor
Payne Prime
Longdon Co-Sponsor
Travers Co-Sponsor
Shope Co-Sponsor
FOR MORE INFO

HCR2028- MARIJUANA; UNINCORPORATED AREAS; RESERVATIONS; PROHIBITION

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.
Sponsor
Peshlakai Prime
FOR MORE INFO

SB1064- SENTENCING ENHANCEMENTS; DRUG-FREE ZONE

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
Sponsor
Kavanagh Prime
FOR MORE INFO

All information provided by azleg.gov and azcapitolreports.com
Thursday by 5 pm