Just when you thought lawmakers had bigger fish to fry than marijuana measures, enter HB2828. HB2828 intent is not clear. It seeks to remove the Arizona Department of Health Services from heading both marijuana programs. Instead of ADHS running the show, HB2828 has a newly formed agency called the ‘Department of Marijuana Regulation’ calling the shots, but for only 7 years. The sponsor of this bill is the Speaker of the House, Rusty Bowers (R-District 25), who plays sleight-of-hand tricks with bills. So, let’s dig deeper. Below is a portion of HB2828. The blue text is the language added to the Arizona Revised Statute. The red strike-through is what is being removed.
A.R.S. 36-2856(D)(2) is the statute that deals with where the tax monies go from The Smart and Safe Act of Arizona, Prop 207. As it is clear to see, HB2828 moves to add the Department of Public Safety/ DPS, on top of local law enforcement bureaus to receive 31.4% of the tax revenue from Prop 207 for retirement. This means that local departments that were originally listed get less by adding DPS.
Representative Pamela Powers Hannley, dropped a simple but important bill this week. HB2792 seeks to give marijuana users protection from being evicted.
Because of the azleg.gov site’s popularity, as seen here in this article by AZCENTRAL. The legislation site is severely lagging, causing a delay for lawmakers and the general population alike.
SUMMARY
New Bills
HB2736 DRUG OFFENSES; CLASSIFICATION
HB2792 LANDLORDS; TENANT’S MARIJUANA USE
H2828 DEPARTMENT OF MARIJUANA REGULATION
No Movement
HB2007: SCHOOLS; DRUG VIOLATIONS; REPORTING OPTIONS
HB2082: MARIJUANA; SAMPLING; ADVERTISING; SALE
HB2260: MEDICAL MARIJUANA; MEDICAL CONDITIONS
HB2545: MARIJUANA; SOCIAL EQUITY OWNERSHIP LICENSES
HB2548: SENTENCING; COMMUNITY RESTITUTION
SB1324: SMART AND SAFE FUND; DISTRIBUTION
SB1402: RURAL MARIJUANA ESTABLISHMENTS; DUAL LICENSING
SB1715: HEMP-DERIVED MANUFACTURED CANNABINOIDS; PROHIBITION
DETAILS
HB2007: SCHOOLS; DRUG VIOLATIONS; REPORTING OPTIONS
No movement
If a drug violation in a drug free school zone involves a student, a school administrator is permitted to refer the student to an appropriate program for at-risk students that is selected by the school, in lieu of the requirement to immediately report a drug violation to a peace officer.
ARS Titles Affected: 13
First sponsor: Rep. Rodriguez (D – Dist 27)
Others: Rep. Blackman (R – Dist 6)
For more info
For full text
HB2082: MARIJUANA; SAMPLING; ADVERTISING; SALE
No movement
House Caucus (VIDEO)
House Rules- Passed 1-31- Vote 5-3 (VIDEO)
Health & Human Services- Passed 1-24- Vote 6-3- (VIDEO)
Assigned to Health Human Services Committee 1-19-22
Department of Health Services rules for the regulation of marijuana establishments must include prohibiting a marijuana establishment retail site from providing samples of marijuana or marijuana products for on-site use and at no cost to a consumer. Marijuana establishments are prohibited from selling marijuana or marijuana products to persons who are “obviously intoxicated” (defined). Marijuana establishments and nonprofit medical marijuana dispensaries are prohibited from advertising marijuana or marijuana products to individuals who are under 21 years of age, and from sponsoring any social or cultural event or any team in an event unless all of the attendees are 21 years of age or older. 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.
First sponsor: Rep. Osborne (R – Dist 13)
ARS Titles Affected: 36
For more info
For full text
HB2260: MEDICAL MARIJUANA; MEDICAL CONDITIONS
No movement
The list of debilitating medical conditions that qualifies a person to receive a medical marijuana registry identification card is expanded to include any debilitating condition of autism spectrum disorder and post-traumatic stress disorder for veterans. A physician who provides written certification for a qualifying patient who is under 18 years of age and whose debilitating medical condition is autism is required to recommend to the qualifying patient’s designated caregiver the marijuana’s potency and quantity and the frequency of use, assess the qualifying patient on a monthly basis until the physician is satisfied that the qualifying patient is taking a stable dose for the most beneficial results, and continue to monitor the qualifying patient every six months. 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.
ARS Titles Affected: 36
First sponsor: Rep. Espinoza (D – Dist 19)
Others: Rep. Dalessandro (D – Dist 2)
For more info
For full text
HB2545: MARIJUANA; SOCIAL EQUITY OWNERSHIP LICENSES
No movement
Assigned House Commerce
A licensee who holds a social equality ownership license pursuant to section 36-2854, subsection A, paragraph 1, subdivision (f) may not transfer the license within the first ten years of issuance. After the initial ten years, the licenses may transfer the license to an individual who would otherwise have qualified for an initial license as prescribed in rule by the department.
Prime Sponsor- Payne (R-Dist-21)
ARS Titles Affected: 36
For more info
For full text
HB2548: SENTENCING; COMMUNITY RESTITUTION
No movement
Assigned To House Judiciary
The minimum amount of community restitution that the court is required to order as a condition of probation for persons sentenced for specified drug offenses is reduced to 24 hours.
ARS Titles Affected: 13
First sponsor: Rep. Kaiser (R – Dist 15)
For more info
For full text
HB2736 DRUG OFFENSES; CLASSIFICATION
Assigned to House Judiciary
Reduces the criminal classification of various drug offenses. Allows municipal courts and justice courts to receive funding from the Drug Treatment and Education Fund to cover the costs of placing eligible persons in drug education and treatment programs.
ARS Titles Affected: 13
First sponsor: Melody Hernandez (D-Dist-26)
For more info
For full text
HB2792 LANDLORDS; TENANT’S MARIJUANA USE
A landlord is prohibited from terminating a tenant’s rental agreement because the tenant uses marijuana.
ARS Titles Affected: 33
First sponsor: Rep. Powers Hannley (D – Dist 9)
Others: Rep. Cano (D – Dist 3)
For more info
For full text
HB2828 DEPARTMENT OF MARIJUANA REGULATION
Establishes the Arizona Department of Marijuana Regulation (ADMR) for the purpose of administering the Arizona Medical Marijuana Act and statute governing the responsible adult use of marijuana. ADMR terminates on July 1, 2030. ADMR succeeds to the authority, powers, duties and responsibilities of the Department of Health Services (DHS) relating to the regulation of marijuana. Session law provides for the transfer of all administrative matters, contracts, licenses, registrations, equipment, records, other property, and personnel, on January 1, 2023. Effective January 1, 2023. 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.
ARS Titles Affected: 36, 41
First sponsor: Rep. Bowers (R – Dist 25)
For more info
For full text
SB1324: SMART AND SAFE FUND; DISTRIBUTION
No movement
Senate Appropriations- Passed 2-1- Vote 6-2 (VIDEO)
Modifies the distributions from the Smart and Safe Fund by adding 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.
ARS Titles Affected: 36
First sponsor: Sen. Shope (R – Dist 8)
For more info
For full text
SB1402: RURAL MARIJUANA ESTABLISHMENTS; DUAL LICENSING
No movement
Passed Senate Health & Human Services 2-2- Vote 6-2 (VIDEO)
Assigned to Health Human Services Committee 1-26-22
Assigned to Senate Health & Human Services 1-26-22
A marijuana establishment licensee is authorized to request to the Department of Health Services to become a dual licensee and be authorized to sell medical marijuana. A nonprofit medical marijuana dispensary registration certificate issued under a dual license is not counted toward the total number of nonprofit medical marijuana dispensaries authorized under any geographic requirements. A dual license cannot be split for license ownership sales or transfers. 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.
First sponsor: Sen. Gowan (R-Dist-14)
ARS Titles Affected: 36
For more info
For full text
SB1715: HEMP-DERIVED MANUFACTURED CANNABINOIDS; PROHIBITION
No movement
Senate Appropriations Tuesday, 2-8-22 2pm (Held)
For the purpose of statutes regulating marijuana, “hemp-derived manufactured psychotropic cannabinoids” (defined) are excluded from the definition of “marijuana” and “marijuana products,” and are added to the definition of “usable marijuana.” 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.
ARS Titles Affected: 3, 13, 36
First sponsor: Sen. Gowan (R – Dist 14)
Others: Sen. Borrelli (R – Dist 5) , Sen. Rios (D – Dist 27)
For more info
For full text
All information can be found on azleg.gov
All information is based on Thursday 02/10/2022