Assigned to GOV AS
PASSED BY HOUSE
Assigned to GOV AS
PASSED BY HOUSE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
medical marijuana; inspecting; testing; appropriation
Purpose
Establishes marijuana cultivated for medical use as an agricultural commodity subject to rules and testing. Beginning June 1, 2019, establishes inspections of medical marijuana dispensaries including testing and labeling requirements. Contains requirements for enactment for initiatives and referendums (Proposition 105).
Background
In 2010, Arizona voters passed The Arizona Medical Marijuana Act (Act) requiring the Arizona Department of Health Services (ADHS) to adopt and enforce a regulatory system for the distribution of marijuana that is cultivated for medical use (medical marijuana), including a system for approving, renewing and revoking the registration of qualifying patients, designated caregivers, nonprofit dispensaries and dispensary agents (A.R.S. § Title 36, Chapter 28.1).
Nonprofit medical marijuana dispensaries (dispensaries) must register with ADHS meeting operational standards and record-keeping requirements as established in department rules (A.R.S. § 36-2804). Registered dispensaries must have a single, secure entrance and security measures to prevent theft and unauthorized access. All cultivation must take place in an enclosed, locked facility at a physical address provided to ADHS which can only be accessed by registered dispensary agents associated with the dispensary (A.R.S. § 36-2806). A dispensary agent must also register before volunteering or working at a dispensary (A.R.S. § 36-2804.01).
Qualifying patients, with a written certification issued by their physician, may apply for a registry identification card by providing information as outlined. A designated caregiver may also apply if agreeing to be the patient's caregiver and not diverting marijuana to anyone who is prohibited from possessing marijuana (A.R.S. § 36-2804.02). As of December 2017, ADHS reported 152,979 qualifying patients, 944 designated caregivers and 4,731 dispensary agents in the state (Arizona Medical Marijuana Program December 2017 Report).
The Medical Marijuana Fund (Fund) was established for the regulation of the Medical Marijuana Program and consists of collected fees, civil penalties imposed and private donations (A.R.S. § 36-2817). According to the Joint Legislative Budget Committee, the Fund is projected to have revenues of $25 million in FY 2018 and retain a balance of $41.3 million at the end of FY 2018 (FY 2019 Baseline). Since $2,000,000 is appropriated from the Fund for regulating medical marijuana, there is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Dispensary Inspections and Sample Testing
1. Requires ADHS, beginning June 1, 2019, to inspect dispensary premises for:
a) sanitary conditions for storing and processing medical marijuana; and
b) harmful levels of mold in any building operated by the dispensary.
2. Requires ADHS, beginning June 1, 2019, to promulgate rules in order to determine a process for collecting random samples of medical marijuana being sold for testing to confirm that:
a) the medical marijuana does not include harmful levels of mold, pathogenic bacteria or other harmful adulterants;
b) the medical marijuana is correctly labeled; and
c) the disclosure document with the medical marijuana sample reflects any chemical used in producing the sample and the actual contents.
3. Directs ADHS to establish remediation requirements for dispensaries where an inspection violation is found.
4. Permits ADHS to contract with a third-party independent laboratory to collect and test medical marijuana samples.
5. Prohibits an owner or agent of a nonprofit medical marijuana dispensary from having a familial relationship with an owner or employee of a laboratory performing analyses of medical marijuana samples.
6. Stipulates if a medical marijuana sample is incorrectly labeled or a disclosure document is inaccurate, based on the test results, the sample will be destroyed.
7. Stipulates all medical marijuana products from a dispensary must be in childproof containers with a label containing:
a) the registered qualifying patient's name; and
b) registry identification card number.
8. Stipulates the medical marijuana product must include a written disclosure listing all chemical compounds used during product cultivation as tested.
Inspection Powers
9. Allows the Director of the Arizona Department of Agriculture (Director) to enter at reasonable times into or on a private property where medical marijuana is cultivated to determine compliance or noncompliance with any rules or orders.
10. Requires the Director or their agent to notify the dispensary or the designated caregiver when entering the property, if the notice is practicable and doesn't inhibit enforcement.
Medical Marijuana
11. Establishes medical marijuana, cultivated by a dispensary or designated caregiver, as an agricultural commodity as defined by the Arizona Department of Agriculture (AZDA) rules.
12. Stipulates beginning June 1, 2019, medical marijuana is subject to agricultural rules and regulation.
13. Allows the Director to adopt any necessary rules for:
a) cultivating medical marijuana; and
b) mandatory testing of medical marijuana, cultivated by a dispensary or designated caregiver, by independent third-party laboratories.
14. Exempts AZDA from statutory rulemaking requirements for the purposes as outlined, for one year after the effective date.
15. Specifies designated caregiver, marijuana, medical use and nonprofit medical marijuana dispensary have the same meanings prescribed in the Act.
Certification and Reporting
16. Requires a person providing laboratory analyses of medical marijuana to apply for a certificate from the state agricultural laboratory.
17. Prohibits an owner or employee of a laboratory providing analyses of medical marijuana from having a familial relationship with the owner or agent of a nonprofit medical marijuana dispensary whose marijuana is being tested.
18. Requires the Director to adopt rules to certify laboratories analyzing, sampling and testing of medical marijuana.
19. Requires a certified laboratory to report test results, unless otherwise directed, only to the following:
a) the dispensary or designated caregiver cultivating the marijuana;
b) ADHS; or
c) the state agricultural laboratory.
20. Exempts employees of ADHS, AZDA or any third-party testing facility from the statute criminalizing the possession of any amount of medical marijuana and is used as a required testing sample.
Registration of Dispensary Agents and Patients
21. Permits a registered dispensary agent to use their same registration, for employment or volunteer work, at any registered dispensary owned by the same corporation with the same board of directors or principal officers.
22. Requires the registered dispensary agent, within 10 days of starting employment or volunteer work at a different dispensary, to inform the ADHS of the dispensary's name and location.
Miscellaneous
23. Appropriates $2,000,000 in FY 2019 from the Fund to AZDA for the purpose of regulating marijuana as an agricultural commodity.
24. Specifies the outlined appropriation is non-lapsing.
25. Adds marijuana cultivated for medical use by a nonprofit medical marijuana dispensary or a designated caregiver to the definition of plant or crop
26. Adds seeds of marijuana that are cultivated for medical use by a nonprofit medical marijuana dispensary or a designated caregiver to the definition of agricultural seed.
27. Refers to this act as the Medical Marijuana Reform Act.
28. Makes technical and conforming changes.
29. Requires for enactment the affirmative vote of at least three-fourths of the members of each house of the Legislature (Proposition 105).
30. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Removes statutorily prescribed application fees and renewal fees for a registry identification
card.
2. Exempts AZDA from rulemaking requirements.
3. Delays dispensary inspections and collection and testing of medical marijuana samples until
June 1, 2019.
4. Requires ADHS to test for additional contaminants.
5. Specifies the FY2019 appropriation is non-lapsing.
Amendments Adopted by the House of Representatives
1. Prohibits familial relationships between individuals of a laboratory providing analyses of marijuana samples and individuals of a nonprofit medical marijuana dispensary whose marijuana is being tested.
2. Removes rulemaking and notice requirements for ADHS as listed in the bill.
3. Requires ADHS to promulgate rules to determine a process for collecting random samples of medical marijuana being sold for testing as outlined.
4. Specifies samples that are incorrectly labeled or inaccurate based on test results will be destroyed, rather than returned to the medical marijuana dispensary.
5. Removes the emergency clause.
6. Makes technical and conforming changes.
House of Representatives Action
· Failed to meet requirements of an affirmative ¾ vote for enactment (RFEIR) under Proposition 105 for provisions relating to medical marijuana dispensary inspections and sample testing, agricultural commodity regulations and certifications.
Senate Action House Action
GOV 1/31/18 DP 4-3-0 MVRA 3/12/18 DP 7-1-0-1
3rd Read 2/22/18 27-3-0 APPROP 3/21/18 DPA 13-0-0-0
3rd Read 5/3/18 36-24-0 (W/O RFEIR)
Prepared by Senate Research
May 8, 2018
JO/lat