Bill
Number: S.B. 1494
Gowan
Floor Amendment
Reference
to: printed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Requires the Department
of Health Services (DHS) to adopt rules for third-party laboratory
certification fees in an amount less than $5,000 for an application and less
than $1,000 for a renewal.
2. Prohibits the amount of
fees collected by DHS from exceeding the amount sufficient to implement and
administer the Medical Marijuana Act.
3. Subjects dispensaries
to product testing by certified third-party laboratories (laboratories)
beginning June 1, 2020, rather than June 1, 2021.
4. Allows DHS to spend
monies from the Medical Marijuana Fund to develop and implement the Medical
Marijuana Testing Library.
5. Requires DHS to make
laboratory test results available to the general public.
6. Requires DHS rules
relating to dispensary testing to include requirements that the testing:
a) determines unsafe
levels of microbial contamination, pesticides, herbicides, fungicides, growth
regulators and residual solvents; and
b)
confirms
the potency of marijuana to be dispensed beginning June 1, 2020.
7. Requires DHS rules
relating to dispensary testing to:
a) include process
requirements for the collection, storage and testing of samples of marijuana
for medical use;
b) establish potency
standards; and
c)
establish
reporting standards for test results.
8. Allows DHS rules relating
to remediation of dispensaries to include the destruction of contaminated
marijuana products, fines, license suspension and license revocation.
9. Requires a laboratory
certified to analyze marijuana to:
a) have a quality
assurance program and standards;
b) have an adequate chain
of custody and sample requirement policies;
c) have adequate record
retention processes to preserve records; and
d)
establish
procedures to ensure that results are accurate, precise and scientifically
valid prior to reporting results.
10. Renders DHS responsible for proficiency
testing and remediating problems with laboratories, including fines, license
suspension or license revocation.
11. Increases the membership of the Medical
Marijuana Advisory Council (Council) from 9 members to 11 members by adding the
following members:
a) a Council member of a
dispensary focused on concentrate;
b) a Council member of an
Arizona-based dispensary focused on edible manufacturing; and
c)
an
Arizona resident that is a veteran of the U.S. Armed Forces.
12. Adds a Proposition 108 clause.
Page 1,
between lines 1 and 2, 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;
notice
A. The
department shall adopt rules:
1. Governing
the manner in which the department 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 on,
petitions.
2. Establishing
the form and content of registration and renewal applications submitted under
this chapter.
3. Governing
the manner in which the department considers applications for and renewals of
registry identification cards.
4. Governing
nonprofit medical marijuana dispensaries, for the purpose of
protecting TO PROTECT 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 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 TO PROTECT 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 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 and independent third‑party laboratory
CERTIFICATES, according to the following:
(a) The
total amount of all fees shall generate revenues may not exceed an amount that is 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) Independent
third‑party laboratory application fees may not exceed $5,000.
(e) Independent
third‑party laboratory renewal fees may not exceed $1,000.
(d) (f) The
total amount of revenue generated from nonprofit medical
marijuana dispensary application and renewal fees, and registry identification card fees for nonprofit medical
marijuana dispensary agents shall be
and independent third‑party laboratory fees may not exceed
an amount 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) (g) The
department may establish a sliding scale of patient application and renewal
fees based on a qualifying patient's household income.
(f) (h) 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 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 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. The rules shall also
require each certifying physician to attest that the physician has provided
information to each qualifying female patient that warns 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 during pregnancy or at the birth of the child by persons who are
required to report.
C. The
department is authorized to adopt the rules set forth in subsections A and B of
this section and shall adopt those rules pursuant to title 41, chapter 6.
D. The
department shall post prominently on its public website a warning 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 during pregnancy or at the birth of the child by
persons who are required to report.
E. The
department shall adopt rules for testing marijuana for medical use from
nonprofit medical marijuana dispensaries before selling or dispensing marijuana
to cardholders to determine unsafe levels of microbial contamination,
pesticides, herbicides, fungicides, growth regulators and residual solvents and
confirming the potency of the marijuana to be dispensed beginning June 1,
2020. The rules shall:
1. Include
process requirements for collecting, storing and testing samples of marijuana
for medical use.
2. Establish
potency standards with the standard variance allowance.
3. Establish
remediation requirements for nonprofit medical marijuana dispensaries if
testing identifies unsafe levels of microbial contamination, pesticides,
herbicides, fungicides, growth regulators or residual solvents in the
marijuana. Remediation may include destroying contaminated medical marijuana
products, imposing fines and suspending or revoking a dispensary's license.
4. Establish
standards for reporting test results to the department and the designated
caregiver or nonprofit medical marijuana dispensary that cultivates the
marijuana. The department shall make the test results available to the general
public.
F. The
department shall adopt rules to certify independent third‑party
laboratories that analyze marijuana cultivated for medical use. The department
shall establish certification fees for laboratories pursuant to subsection A of
this section. in order to be certified as an independent third‑party laboratory
that is allowed to test marijuana for medical use pursuant to this chapter, An
independent third‑party laboratory:
1. Must
meet criteria established by the department.
2. May
not have any familial or financial relationship with or interest in a nonprofit
medical marijuana dispensary or related medical marijuana business entity or
management company, or any familial or financial relationship with a designated
caregiver for which the laboratory is testing marijuana for medical use in this
state.
3. Must
have a quality assurance program and standards.
4. Must
have an adequate chain of custody and sample requirement policies.
5. Must
have an adequate records retention process to preserve records.
6. Must
establish procedures to ensure that results are accurate, precise and
scientifically valid before reporting the results.
G. The
department is responsible for proficiency testing and remediating problems with
independent third‑party laboratories that are certified and regulated
pursuant to this chapter. Remediation may include imposing fines and suspending
or revoking a laboratory's certification."END_STATUTE
Renumber to
conform
Page 1, line
43, strike the colon
Line 44,
strike "1."
Page 2,
strike lines 1 through 24, insert:
"I. Beginning June 1, 2020, registered nonprofit medical
marijuana dispensaries are subject to product testing by certified independent
third‑party laboratories pursuant to this chapter and rules adopted
pursuant to this chapter."
Line 29,
strike "by subsection I of"
Line 30,
strike "this section" insert "by this chapter"; strike the second "section"
insert "chapter"
Page 3, line
2, strike "section" insert "sections 36‑2803 and"
Between
lines 33 and 34, insert:
"D. The department may spend the necessary monies from the
medical marijuana fund established by section 36‑2817 to develop and
implement the medical marijuana testing reference library."
Reletter to
conform
Line 44,
strike "nine" insert "eleven"
Page 4, line
8, after "dispensary" insert "that is focused primarily on cultivation"
Between
lines 8 and 9, insert:
"5. A board member of a medical marijuana dispensary that is
focused on concentrate.
6. A
board member of an Arizona‑based medical marijuana dispensary that is
focused primarily on edible manufacturing by units."
Renumber to
conform
Line 10,
strike "and" insert "or"
Between
lines 15 and 16, insert:
"11. A resident of this state who is a veteran of the United
States Armed services."
Between
lines 26 and 27, insert:
"Sec. 5. Requirements for enactment; two-thirds vote
Pursuant to
article IX, section 22, Constitution of Arizona, this act is effective only on
the affirmative vote of at least two-thirds of the members of each house of the
legislature and is effective immediately on the signature of the governor or,
if the governor vetoes this act, on the subsequent affirmative vote of at least
three-fourths of the members of each house of the legislature."
Renumber to
conform
Line 29,
after "sections" insert "36‑2803,"
Amend title to conform