HB2082: Marijuana; Sampling; Advertising; Sale Sponsor:
Representative Osborne, LD 13
Committee on Health & Human Services
On Monday, January 24th 2022, was the first House of Representatives Health and Human Services’ committee of the year. Usually during the first initial committee hearing, there is a small presentation at the beginning before the Chair calls any bills.
The two-hour introduction dealt with the “State of Drugs in Arizona”. The key topics, of course, are the Fentanyl problem in Arizona, along with other substances.
Vote 6-3, HB2082 moves on to the next round!
Overview
Outlines advertising requirements for marijuana establishments and nonprofit medical marijuana dispensaries and contains a Proposition 105 clause.
History
Statute allows a marijuana establishment and a nonprofit medical marijuana dispensary (dispensary) to engage in advertising. Advertising platforms may host advertising only if the advertising is: 1) authorized by a marijuana establishment or dispensary; and 2) accurately and legibly identifies the marijuana establishment and dispensary responsible for content of advertising by name and license number or registration number. If the advertisement engages in direct, individualized communication or dialogue, the age of the recipient must be verified as twenty-one years of age or older (A.R.S. § 36-2859).
Marijuana establishments are restricted from: 1) packaging or labelling marijuana or marijuana products in a false or misleading manner; 2) manufacturing or selling marijuana or marijuana products that resemble the form of a human, animal, insect, fruit, toy or cartoon; and 3) selling or advertising marijuana or marijuana products with names that resemble food or drinks brands marketed to children (A.R.S. § 36-2860).
Provisions
- Requires the Department of Health Services to adopt rules prohibiting a marijuana establishment retail site from providing samples of marijuana or marijuana products for onsite use and at no cost to a consumer. (Sec. 1)
- Prohibits marijuana establishments from selling marijuana or marijuana products to individuals who are obviously intoxicated. (Sec. 2)
- Prohibits a marijuana establishment or dispensary from advertising marijuana or marijuana products to individuals under 21 years of age, including: a) Using graphics designed to attract individuals under 21 years old; b) Advertising within one mile of any public school or private school providing instruction to students in any combination of kindergarten programs or grades 1-12; and c) Sponsoring any athletic, musical, artistic or other social or cultural event or any entry fee or team, unless all attendees are 21 years of age or older. (Sec. 3)
- Clarifies that marijuana establishments and dispensaries are not precluded from making charitable contributions without brand acknowledgement or hosting events for members of the marijuana industry.
- Restricts billboard advertisements within 1000 feet, if in the line of sight, of any childcare center, church, public park, public playground or public or private school that provides preschool or K-12 instruction and provides a 30-day compliance period. (Sec. 3)
- Defines obviously intoxicated. (Sec. 2)
- Contains a Proposition 105 clause. (Sec. 4)
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