HB2770, initially centered around marijuana interstate agreements and delivery, met its demise only to resurface through a legislative maneuver known as a striker.
A striker, a tool used among legislators and lobbyists, allows for the circumvention of legislative deadlines, reviving bills thought to be dead or addressing emergent issues post-deadline. It essentially proposes to wipe out the existing bill’s text entirely and replace it with new language, effectively transforming it into a different bill altogether—a legislative switcheroo akin to finding Slipknot in a Snoop Dogg CD case.
Originally stalled in the House Commerce committee, HB2770 found new life through a striker proposed by Representative Diaz, chair of the Land Agriculture and Rural Affairs committee, to HB1410. The latter, initially concerning housing trust funds in rural areas, now pivots to interstate commerce of marijuana, and expanding delivery rules from 25 to 300 miles.
Meanwhile, HB2447, initially a concise document pertaining to the Department of Child Safety (DCS), underwent a remarkable transformation with the addition of an 11-page amendment. DCS voiced concerns in the Senate Health and Human Services committee, citing its conflict with the Ridgell Vs DCS court of appeals ruling.
The case in question involved Ridgell, a former DCS employee who utilized medical marijuana to manage hyperemesis gravidarum during pregnancy—an ailment characterized by severe nausea, vomiting, and dehydration affecting around one in 1000 pregnant women. Ridgell’s inclusion in the central registry, typically reserved for individuals deemed unfit to work with vulnerable populations, would have rendered her social work degree worthless.
The amendment to HB2447 has sparked debate and raised concerns regarding its implications for mothers with medical marijuana cards. The amendment extends the scope of Arizona Revised Statue 8-455 to include investigations into prenatal cannabis exposure, mandating Department of Child Safety (DCS) involvement to “investigate” the validity of the mother’s medical marijuana card.
Initially perceived as potentially fortifying the Ridgell ruling, which addressed the rights of individuals using medical marijuana during pregnancy, the inclusion of the term “investigate” has prompted questions and raised alarms among stakeholders. Specifically, there is uncertainty regarding the extent of the investigation—are authorities delving into the mother’s entire medical marijuana history, or simply verifying the validity of her card, a task that arguably doesn’t necessitate a full-fledged investigation?
Senator Shope, the sponsor of the 11-page amendment, asserted in committee that he would amend and strengthen the language of the bill. However, concerns have been raised about the timing of this amendment, coming late in the legislative session, and the absence of input from stakeholders, particularly activists associated with the Ridgell ruling. This lack of engagement from key stakeholders casts doubt on the likelihood of a satisfactory resolution in the current session. It is hoped that these issues can be revisited and addressed in the next legislative session.
Summary
NEW Passed as Amended, Senate Health and Human Services (HHS) (vote5-2-0)
HB2447- Department of Child Safety; Continuation (medical marijuana investigation DCS)
NEW Passed as Amended House Land Agriculture and Rural Affairs (LARA) (vote 5-2-1-1)
SB1410 was “Housing Trust Fund; Rural Areas”
now “Marijuana; Interstate Agreements; Delivery”
Dead (failed to be heard House Third Read)
HB2770 Marijuana; Interstate Agreements; Delivery
Passed Senate Health and Human Services (HHS) (vote 5-0-2)
HB2451- Marijuana; Advertising; Restrictions
Passed Senate Judiciary (JUD) (vote 4-2-1)
HB2664 -Cannabis Possession; School Zones; Definition
Assigned to House Health & Human Services
SB1186 Regulation; Hemp-Derived Products
No Movement
SB1262- Marijuana; Social Equity Licenses; Enforcement
Details
HB2447- Department of Child Safety; Continuation (medical marijuana investigation DCS)
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 investigation 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
HB2451- Marijuana; Advertising; Restrictions
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
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
SB1186 was Regulation; Hemp-Derived Products
now Regulation; Labeling; Hemp-Derived Products
03/20/2024 Assigned to House Health & Human Services
03/14/2024 Transmitted to House
03/14/2024 Passed Senate Third Read (vote 18-9-3)
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
FULL TEXT
SENATE FACT SHEET
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
Gillette
Peña
(VPA) Prop 103 Voter Protection Act: yes
FULL TEXT Senate Engrossed Version
SENATE FACT SHEET: 02/09/2024 HHS
SB1410 was “Housing Trust Fund; Rural Areas”
now “Marijuana; Interstate Agreements; Delivery”
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