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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
marijuana; public consumption; vaping; prohibition
Purpose
Adds the use of an electronic smoking device to the definition of smoke relating to Responsible Adult Use of Marijuana regulations and modifies limitations on smoking or consuming marijuana or marijuana products. Contains requirements for enactment for initiatives and referendums (Proposition 105).
Background
In 2020, Arizona voters approved Proposition 207 to establish a regulatory system for the use of marijuana by a person who is at least 21 years old (Proposition 207; A.R.S. Title 36, Chapter 28.2). Responsible Adult Use of Marijuana regulations do not allow a person to: 1) smoke marijuana in a public place or open space; or 2) consume marijuana or marijuana products while driving, operating or riding in the passenger seat or compartment of an operating motor vehicle, boat, vessel, aircraft or other vehicle used for transportation (transportation vehicle). The regulations also do not restrict an employer's right to maintain a drug-and-alcohol-free workplace or affect an employer's ability to have workplace policies restricting the use of marijuana (A.R.S. § 36-2851).
Smoke, for the purposes of Responsible Adult Use of Marijuana regulations, means to inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic (A.R.S. § 36-2850).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds the use of an electronic smoking device to the definition of smoke for the purposes of Responsible Adult Use of Marijuana regulations.
2. Specifies that Responsible Adult Use of Marijuana regulations do not allow a person to:
a) smoke marijuana in places of employment;
b) smoke marijuana or marijuana products while driving, operating or riding in the passenger seat or compartment of an operating or parked transportation vehicle;
c) consume marijuana or marijuana products while sitting in the passenger seat or compartment of a transportation vehicle; or
d) consume marijuana or marijuana products while in a parked transportation vehicle.
3. Defines electronic smoking device, for the purposes of Responsible Adult Use of Marijuana regulations, as a device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device including:
a) an e-cigarette, e-cigar, vape pen or e-hookah and any component, part or accessory of the device, whether or not sold separately; and
b) any substance intended to be aerosolized or vaporized during the use of the device.
4. Excludes, from the definition of electronic smoking device, a nebulizer used for medical purposes.
5. Makes technical and conforming changes.
6. Requires for enactment the affirmative vote of at least three-fourths of the members of each house of the Legislature (Proposition 105).
7. Becomes effective on the general effective date.
House Action
HHS 2/15/21 DPA 8-0-0-1
3rd Read 3/3/21 53-4-3
Prepared by Senate Research
March 15, 2021
LB/CRS/kja