Legislative Updates: Week Of March 8th to 12th

This week was pretty slow until Thursday. HB2171 was supposed to be heard in the Senate Judiciary Committee. However, it was held back for unknown reasons. Also, Thursday marked the day that 7 cannabis House Bills were assigned an agenda date.

Calendar

Wednesday, March 17, 2021 9:00 AM
HEALTH AND HUMAN SERVICES

HB2298: medical marijuana; research; grants (Payne)
HB2303: marijuana; laboratories; proficiency testing (Friese: Andrade, Powers Hannley, et al)
HB2414: marijuana; inspections; license renewal (Friese)
HB2415: marijuana; public consumption; vaping; prohibition (Friese)
HB2605: medical marijuana; testing (Friese)
HB2809: marijuana; advertising; labeling; signage; pregnancy; sale (Osborne: Barton, Blackman, et al)
HCR2024: medical marijuana; mental health; research violent behavior (Bowers)

Public testimony is limited to remote participation.
In accordance with Senate Rule 26(A), any person desiring to be heard concerning legislation remotely shall email that request to (SenateHHS@azleg.gov) by 9 P.M. the day prior to committee, excluding weekends and holidays. The request must state the bill the person desires to present arguments upon, and whom the person represents. Timely requests will receive a response that includes meeting access information to participate in the committee remotely. Sharing meeting access information with unauthorized users may result in being prohibited to participate remotely in future legislative hearings. The request to participate remotely via teleconference shall be in addition to requesting to speak via the RTS system (https://apps.azleg.gov/RequestToSpeak/AgendaSearch). Persons desiring to testify remotely shall indicate that the participation is remote within the comments of the RTS system.

The Senate building is closed off to the public. The only way to take part is via Zoom.

In order for you to participate, sign in to your RTS account. You may have signed up to speak in person before in previous years. In that case, chances are you already have an account. Do not worry if you forgot your password, it is easy to reset. After that is completed, follow the Directions in the RTS manual. HERE In addition to the instructions in the RTS guide, you must email (SenateHHS@azleg.gov) by 9 P.M. the day before the committee, in order to request to speak via Zoom. No exception will be made.

HCR2024: MEDICAL MARIJUANA; MENTAL HEALTH; RESEARCH

Wednesday, March 17, 9 AM – HEALTH AND HUMAN SERVICES
3/3 Passed House Floor (on to senate) 44-16
2/24 COW-Returned for Consideration Amended
2/15 passed Health & Human Services Committee
(VIDEO)
2/3 referred to House Health Human Services committee.

The 2022 general election ballot is to carry the question of whether to amend state statute to make various changes relating to medical marijuana. Establishes the medical marijuana classification of transaction privilege taxes (TPT) and levies a tax of five percent of the tax base on that classification. The tax base of the medical marijuana classification is the gross proceeds of sales derived from the business of selling marijuana by a nonprofit medical marijuana dispensary. The Legislature is required to annually appropriate TPT revenues received from the medical marijuana classification to the Arizona Health Care Cost Containment System for non-Medicaid seriously mentally ill services. The Department of Health Services (DHS) is required to develop warning labels based on the U.S. Surgeon General’s warnings on marijuana and to require the labels to be affixed to the packaging of any medical marijuana dispensed. DHS is required to provide grants from monies in the Medical Marijuana Fund for marijuana research studies on the safety and efficacy of using marijuana for medical purposes and the side effects of marijuana use, specifically focusing on the relationship between marijuana use and schizophrenia and the correlation between marijuana use and violent behavior.
ARS Titles Affected: 36
First sponsor: Rep. Bowers (R – Dist 25)

FOR MORE INFO

HB2809: MARIJUANA; ADVERTISING; LABELING; SIGNAGE; SALE

Wednesday, March 17, 9 AM – HEALTH AND HUMAN SERVICES
3/2 referred to Senate Health Human Services
2/23 Passed House Floor 57-2-1 on to Senate
2/15 passed House Health Human Services Committee
(VIDEO)
2/8 referred to House Health Human Services committee

Marijuana establishments are required to label all marijuana and marijuana products at a retail site with a warning that marijuana should not be used by women who are pregnant or breastfeeding. Department of Health Services (DHS) rules must require marijuana establishments to display a conspicuous sign that warns pregnant women about the potential dangers to fetuses caused by smoking or ingesting marijuana while pregnant or to infants while breastfeeding and the risk of being reported to the Department of Child Safety. DHS rules are also required to prohibit a marijuana establishment retail site from providing free samples of marijuana or marijuana products for on-site use. Marijuana establishments are prohibited from selling marijuana or marijuana products to persons who are “obviously intoxicated” (defined). Establishes a list of prohibited advertising for marijuana establishments and nonprofit medical marijuana dispensaries.
ARS Titles Affected: 36
First sponsor: Rep. Osborne (R – Dist 13)
Others: Rep. Barton (R – Dist 6), Rep. Blackman (R – Dist 6), Rep. Bolick (R – Dist 20), Rep. Bowers (R – Dist 25), Rep. Chaplik (R – Dist 23), Rep. Chavez (D – Dist 29), Rep. Cobb (R – Dist 5), Rep. Cook (R – Dist 8), Rep. Dunn (R – Dist 13), Rep. Friese (D – Dist 9), Rep. Griffin (R – Dist 14), Rep. A. Hernandez (D – Dist 3), Rep. John (R – Dist 4), Rep. Kaiser (R – Dist 15), Rep. Kavanagh (R – Dist 23), Rep. Lieberman (D – Dist 28), Rep. Longdon (D – Dist 24), Rep. Nguyen (R – Dist 1), Rep. Nutt (R – Dist 14), Rep. Parker (R – Dist 16), Rep. Pawlik (D – Dist 17), Rep. Payne (R – Dist 21), Rep. Pingerelli (R – Dist 21), Rep. Shah (D – Dist 24), Rep. Sierra (D – Dist 19), Rep. Toma (R – Dist 22), Rep. Udall (R – Dist 25), Rep. Weninger (R – Dist 17), Rep. Wilmeth (R – Dist 15)

FOR MORE INFO

HB2605: MEDICAL MARIJUANA; TESTING

Wednesday, March 17, 9 AM – HEALTH AND HUMAN SERVICES
3/2 referred to Senate Health Human Services
2/24 Passed House Floor (on to senate) 59- 0-1
2/15/21 passed House Health Human Services Committee
(VIDEO)
1/25 referred to House Health Human Services committee

Original Text
Medical marijuana testing is no longer required to be used to determine unsafe levels of herbicides.
Amendments (added text)
Specifies that dispensaries must test selected marijuana and marijuana product samples.
Requires DHS to adopt rules prohibiting a marijuana testing facility from having any direct or indirect familial or financial relationship or interest in a marijuana establishment or related marijuana business entity or management company.

Under current law, a dispensary must test all marijuana and marijuana products for unsafe levels of microbial contamination, heavy metals, pesticides, herbicides, fungicides, growth regulators and residual solvents and confirm the potency of the marijuana to be dispensed. These test results must be provided by the dispensary to a registered qualifying patient or designated caregiver immediately on request. Additionally, dispensaries must display a sign notifying patients
of their right to test results (A.R.S. § 36-2803).
ARS Titles Affected: 36
First sponsor: Rep. Friese (D – Dist 9)

FOR MORE INFO

HB2415: MARIJUANA; PUBLIC CONSUMPTION; VAPING; PROHIBITION

Wednesday, March 17, 9 AM – HEALTH AND HUMAN SERVICES
3/3 House Floor Due Pass (on to Senate) 53-4-3
2/15/21 passed House Health Human Services Committee
(VIDEO)
1/21 referred to House Health Human Services committee,

Statute allowing adult use of marijuana does not allow any person to consume marijuana products in a public place or open space, or to “smoke” (defined), including the use of an “electronic smoking device” (defined) marijuana products while driving, operating, or riding or sitting in the passenger seat of an operating or parked vehicle or boat.
ARS Titles Affected: 36
First sponsor: Rep. Friese (D – Dist 9)
FOR MORE INFO

HB2414: MARIJUANA; INSPECTIONS; LICENSE RENEWAL

Wednesday, March 17, 9 AM – HEALTH AND HUMAN SERVICES
3/4 House Floor Due Pass (on to Senate) 60-0
2/15/21 passed House Health Human Services Committee
(VIDEO)
1/21 referred to House Health Human Services committee

The Department of Health Services (DHS) is authorized to inspect a medical marijuana dispensary during regular hours of operation, and the requirement for DHS to give reasonable notice of an inspection is deleted. DHS is required to make at least one unannounced visit annually to each nonprofit medical marijuana dispensary. The initial license renewal date for a dual licensee of a marijuana establishment and nonprofit medical marijuana dispensary is the earlier of the date of the establishment license renewal or the dispensary registration renewal. 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. Friese (D – Dist 9
)
FOR MORE INFO

HB2319: LICENSE DENIAL; PROHIBITION; DRUG CONVICTIONS

3/9 passed Senate Majority & Minority Caucus
3/3 passed Senate Commerce Committee 9-0
2/18 referred to Senate Commerce Committee
2/11 passed House 60-0; ready for Senate
2/3 passed House Criminal Justice Reform committee
(VIDEO)
1/26 referred to House Criminal Justice Reform.

State agencies are prohibited from denying a regular or provisional “occupational license” (defined) to an otherwise qualified applicant who has been convicted of a drug offense. Does not apply to teacher certification, health profession regulatory boards, the Department of Health Services for the purposes of the Arizona Medical Marijuana Act, law enforcement agencies, and the Arizona Peace Officer Standards and Training Board.
ARS Titles Affected: 36
First sponsor: Rep. Toma (R – Dist 22)
Others: Rep. Blackman (R – Dist 6), Rep. Bowers (R – Dist 25), Rep. Carroll (R – Dist 22)

FOR MORE INFO

HB2303: MARIJUANA; LABORATORIES; PROFICIENCY TESTING

Wednesday, March 17, 9 AM – HEALTH AND HUMAN SERVICES
3-3 passed House Floor (on to Senate) 57-0-3
2/15 Passed House Health Human Services committee
(VIDEO)
1/21 referred to House Health Human Services committee
The Department of Health Services (DHS) is required, instead of allowed, to conduct proficiency testing and remediate problems with independent third-party laboratories that are certified to test medical marijuana. DHS is authorized to use monies in the Medical Marijuana Fund to renovate the State Laboratory to comply with the proficiency testing requirements.
ARS Titles Affected: 36
First sponsor: Rep. Friese (D – Dist 9)
Others: Rep. Andrade (D – Dist 29), Rep. Powers Hannley (D – Dist 9), Rep. Salman (D – Dist 26)

FOR MORE INFO

HB2298: MEDICAL MARIJUANA; RESEARCH; GRANT

Wednesday, March 17, 9 AM – HEALTH AND HUMAN SERVICES
3/2 referred to Senate Health and Human Services
2/23 passed House Floor (on to Senate) 58-1-1
1/25 passed House Health Human Services committee.
(VIDEO)
1/21 referred to House Health Human Services committee.
The Arizona Biomedical Research Center in the Department of Health Services is required to provide competitive grants from monies in the Medical Marijuana Fund for marijuana research studies, including clinical testing for safety and efficacy of using marijuana and researching the public health implications of medical marijuana use in Arizona and the impacts of marijuana interactions with prescription drugs. Requirements for the study and for grant recipients are specified. The Center is authorized to provide up to $5 million annually for five consecutive years from the Fund to administer and award competitive grants. Administrative costs are capped at five percent.
ARS Titles Affected: 36
First sponsor: Rep. Payne (R – Dist 21)

FOR MORE INFO

HB2171: MARIJUANA VIOLATIONS; COURT JURISDICTION; PROCEDURES

3/11 Senate Judiciary Committee HELD
2/18 referred to Senate Judiciary
2/11 passed House Floor 58-1-1; ready for Senate
2/3 Passed House Criminal Justice Reform committee
(VIDEO)
1/26 referred to House Criminal Justice Reform.

Establishes a new chapter in Title 22 (Justice and Municipal Courts) governing civil marijuana violations. Grants the justice court and municipal court jurisdiction of civil marijuana violation cases. A civil marijuana violation case may be commenced by issuance or filing of a uniform traffic ticket and complaint issued by a peace officer. The process for issuing a complaint of a civil marijuana violation is established. Peace officers are authorized to stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of marijuana statutes and to serve a copy of the complaint for an alleged civil violation. Emergency clause.
ARS Titles Affected: 8 13 22
First sponsor: Rep. Blackman (R – Dist 6)

FOR MORE INFO

SB1121: RELATING TO MARIJUANA; SECURITY; SOCIAL EQUITY LICENSE

No new movement
2/23 passed Senate Appropriations Committee (VIDEO)
Originally, “technical correction; intensive probation; modification”.
Outlines requirements for the issuance of licenses to a marijuana facility as a part of the Social Equity Program (Program) by the Department of Health Services (DHS). Outlines requirements for marijuana product tracking and safety warnings and marijuana facility security.
ARS Titles Affected: 36
First sponsor: Sen. Gowan (R – Dist 14)

FOR MORE INFO

All Information can be found at azleg.gov. All information is based on Thursday 3/11/2021

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