Fifty-fourth Legislature

Second Regular Session

House: HHS DP 5-4-0-0

HCR2045: medical marijuana; mental health; research

Sponsor:  Representative Bowers, LD 25

Caucus & COW


Requires the Arizona Department of Health Services (DHS) to develop warning labels for medical marijuana, provides guidelines relating to grants given for research on medical marijuana and outlines the use of taxes collected by business under the medical marijuana classification.  


In 2010, the Arizona Medical Marijuana Act (AMMA) was established through Proposition 203, a voter-approved initiative measure. Statute requires DHS to regulate the AMMA through rulemaking, registration and certification of medical marijuana dispensaries, registration of qualifying patients and designated caregivers, issuing or denying registry identification cards and establishing a verification system. Statute also outlines limitations of the AMMA, requirements for dispensaries, definitions of terms relating to the AMMA, guidelines on the dispensing of marijuana and the administration of the Medical Marijuana Fund. (A.R.S. Title 36, Chapter 28.1)


1.    ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteRequires DHS to develop warning labels which must be displayed on the packaging of any medical marijuana that is dispensed at a registered dispensary. (Sec. 1)

2.    Prohibits a registered dispensary from dispensing medical marijuana with a tetrahydrocannabinol (THC) concentration greater than 2%. (Sec. 2)

3.    Requires DHS to provide grants from the Medical Marijuana Fund for marijuana research studies on the safety and efficacy of using marijuana for medical purposes, specifically focusing on the relationship between marijuana use and schizophrenia and the relationship between marijuana use and violent behavior. (Sec. 3)

4.    Exempts marijuana research grants from statutory requirements pertaining to the solicitation and award of grants. (Sec. 3)

5.    Requires DHS to post on its website research conducted under the grants provided. (Sec. 3)

6.    Provides immunity to a person who receives a grant for a marijuana research study for possession of marijuana cultivated for medical use during the research study. (Sec. 3)

7.    Adds medical marijuana classification to the business classifications at a 5% tax base. (Sec. 5)

8.    Requires the State Treasurer to credit the total amount of state transaction privilege tax revenues received from business conducted under the medical marijuana classification to the General Fund on a monthly basis. (Sec. 6)

9.    Requires the legislature to annually appropriate the monies credited to AHCCCS for non-Medicaid seriously mentally ill services. (Sec. 6)

10.  Specifies that the selling of marijuana by a nonprofit medical marijuana dispensary comprises the medical marijuana classification. (Sec. 7)

11.  Specifies that the tax base of the medical marijuana classification is the gross proceeds of sales derived from the business. (Sec. 7)

12.  Requires the Secretary of State to submit this proposition to the voters at the next general election. (Sec. 8)

13.  Makes technical and conforming changes. (Sec. 2, 4 and 5)



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17.                    HCR 2045

18.  Initials IG/ML        Page 0 Caucus & COW


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