State Seal2 copy            Bill Number: S.B. 1121

            Gowan Floor Amendment

            Reference to: APPROPRIATIONS Committee amendment

            Amendment drafted by: Leg Council

 

 

FLOOR AMENDMENT EXPLANATION

 

 

Social Equity Ownership Program (Program)

1.   Removes the requirement that the Department of Health Services (DHS) issue the 26 additional marijuana establishment licenses to qualified entities for the Program by December 31, 2021.

2.   Requires DHS, before adopting any rules relating to the creation and implementation of the Program, to submit a report on the proposed Program to the Joint Legislative Audit Committee.

3.   Removes the requirement that Program licenses be issued as follows:

a)   7 licenses to companies that are at least 40 percent owned by a nonprofit corporation that has been incorporated for at least five years and that provides at least four out of eight specified programs to communities disproportionally impacted by the enforcement of previous marijuana laws; and

b) 19 licenses to either individuals from a community disproportionally impacted by the enforcement of previous marijuana laws or companies that are at least 25 percent owned by an individual from a community disproportionally impacted by enforcement of previous marijuana laws.

4.   Removes the requirement that Program licenses be issued by lottery to qualified applicants.

5.   Removes the prohibition on a Program license being transferred to anyone other than another qualified Program applicant.

6.   Removes the prohibition on DHS charging an application fee of more than $2,500 for a Program applicant.

7.   Removes the requirement that DHS require each Program applicant to demonstrate that the applicant has at least $500,000 in liquid capital.

8.   Removes the requirement that DHS provide a marijuana facility agent training program on regulatory compliance to licensees operating under the Program.

 

9.   Removes the requirement that a city, town or county allow at least one marijuana establishment Program license to operate within its jurisdiction.

Marijuana Product Tracking and Labeling

10. Requires the system for tracking marijuana and marijuana products to be developed by DHS by December 31, 2022.

11. Prohibits the tracking system from tracking the sale of marijuana or marijuana products by a marijuana establishment to a consumer.

12. Removes the requirement that marijuana product packaging labels include a safety orange color band that is at least one-half inch wide.

13. Removes the requirement that DHS approve all marijuana or marijuana product labels and packages before a marijuana establishment can use the label or package.

14. Requires DHS, if it is determined that a marijuana or marijuana product package or label is attractive to minors or contains any inaccurate information, to require the marijuana establishment to revise the label or package.

15. Removes the requirement that marijuana product manufacturing and testing occur pursuant to written operating procedures.

Miscellaneous

16. Requires DHS to audit each marijuana establishment and marijuana testing facility at least every six months to determine compliance with applicable laws and rules.

17. Removes the requirement that DHS rules relating to the security of marijuana establishments and marijuana testing facilities require a security system with specified requirements for video cameras, digital video recorder storage and radio frequency identification name tags with tracking capabilities.

18. Removes the prohibition on combustible solvents in marijuana and marijuana products.

19. Makes technical and conforming changes.


 

Fifty-fifth Legislature                                                     Gowan

First Regular Session                                                   S.B. 1121

 

GOWAN FLOOR AMENDMENT

SENATE AMENDMENTS TO S.B. 1121

(Reference to APPROPRIATIONS Committee amendment)

 

 


Page 5, strike lines 1 through 4

Renumber to conform

Page 6, line 30, strike "but not later than December 31, 2021"

Page 7, strike lines 9 through 20, insert "facilities."

Line 22, after the period insert "not later than December 31, 2022,"

Line 29, after the period insert "The system required by this paragraph may not track the sale of marijuana and marijuana products by a marijuana establishment to a consumer."

Page 8, strike lines 7 and 8

Renumber to conform

Page 9, line 12, after the period strike remainder of line

Strike lines 13 through 15

Line 20, strike "consistent with section 36-2854.02"; after the period insert "Before adopting any final rules pursuant to this paragraph, the department shall submit a report to the joint legislative audit committee on the proposed social equity ownership program."

Page 10, between lines 23 and 24, insert:

"C. At least once every six months, the department shall audit each licensee's compliance with applicable laws and rules."

Reletter to conform

Line 25, strike "D" insert "E"

Page 11, line 24, strike "D" insert "E"

Page 13, line 6, strike "sections" insert "section"; strike "and 36-2854.02"

Line 8, strike "approval" insert "review"

Line 9, strike "a"

Page 13, strike lines 10 through 13

Line 14, strike "use only" and "contains THC" and"

Line 29, after "department" insert a period strike remainder of line

Strike line 30

Line 31, strike "approving a label or package," insert "If"; strike "shall determine" insert "determines"

Page 14, line 1, strike the first "not"; strike "and does not contain" insert "or contains"

Line 2, after "information" insert ", the department shall require the licensee to revise the label or package"

Strike lines 8 through 29

Strike pages 15 through 18

Renumber to conform

Amend title to conform


 

 

DAVID GOWAN

 

1121FloorGOWAN

03/15/2021

5:36 PM

C: mh