Fifty-second Legislature                                                   Health

Second Regular Session                                                  H.B. 2061

 

PROPOSED

HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2061

(Reference to printed bill)

 

 

 


Strike everything after the enacting clause and insert:

"Section 1.  Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 36-2803, Arizona Revised Statutes, is amended to read:

START_STATUTE36-2803.  Rulemaking

A.  Not later than one hundred twenty days after the effective date of this chapter, The department shall adopt rules:

1.  Governing the manner in which the department shall consider considers petitions from the public to add debilitating medical conditions or treatments to the list of debilitating medical conditions set forth in section 36-2801, paragraph 3, including public notice of, and an opportunity to comment in a public hearing upon on, petitions.

2.  Establishing the form and content of registration and renewal applications submitted under this chapter.

3.  Governing the manner in which it shall consider the department considers applications for and renewals of registry identification cards.

4.  Governing nonprofit medical marijuana dispensaries, for the purpose of protecting against diversion and theft without imposing an undue burden on nonprofit medical marijuana dispensaries or compromising the confidentiality of cardholders, including:

(a)  The manner in which the department shall consider considers applications for and renewals of registration certificates.

(b)  Minimum oversight requirements for nonprofit medical marijuana dispensaries.

(c)  Minimum recordkeeping requirements for nonprofit medical marijuana dispensaries.

(d)  Minimum security requirements for nonprofit medical marijuana dispensaries, including requirements for protection of each registered nonprofit medical marijuana dispensary location by a fully operational security alarm system.

(e)  Procedures for suspending or revoking the registration certificate of nonprofit medical marijuana dispensaries that violate the provisions of this chapter or the rules adopted pursuant to this section.

5.  Establishing application and renewal fees for registry identification cards and nonprofit medical marijuana dispensary registration certificates, according to the following:

(a)  The total amount of all fees shall generate revenues sufficient to implement and administer this chapter, except that fee revenue may be offset or supplemented by private donations.

(b)  Nonprofit medical marijuana dispensary application fees may not exceed $5,000.

(c)  Nonprofit medical marijuana dispensary renewal fees may not exceed $1,000.

(d)  The total amount of revenue from nonprofit medical marijuana dispensary application and renewal fees and registry identification card fees for nonprofit medical marijuana dispensary agents shall be sufficient to implement and administer the nonprofit medical marijuana dispensary provisions of this chapter, including the verification system, except that the fee revenue may be offset or supplemented by private donations.

(e)  The department may establish a sliding scale of patient application and renewal fees based upon on a qualifying patient's household income.

(f)  The department may consider private donations under section 36‑2817 to reduce application and renewal fees.

B.  The department shall adopt rules that require each nonprofit medical marijuana dispensary to display in a conspicuous location a sign that warns pregnant women ABOUT the dangers to fetuses caused by smoking or ingesting marijuana while pregnant and the risk of being reported to the department of child safety during pregnancy or at the birth of the child by persons who are required to report.  The rules shall include the specific warning language that must be included on the sign.  The cost and display of the sign required by rule shall be borne by the nonprofit medical marijuana dispensary.

B.  C.  The department is authorized to adopt the rules set forth in subsection subsections A and B of this section and shall adopt those rules pursuant to title 41, chapter 6.END_STATUTE

Sec. 2.  Requirements for enactment; three-fourths vote

Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 36-2803, Arizona Revised Statutes, as amended by this act, is effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature."

Amend title to conform


 

 

PAUL BOYER

 

 

2061PB.doc

02/11/2016

10:30 AM

C: mjh