First Regular Session H.B. 2605
PROPOSED
SENATE AMENDMENTS TO H.B. 2605
(Reference to House engrossed bill)
Page 2, line 41, strike "selected"; strike "products product samples" insert "products"
Line 45, after the period insert "The dried flowers of the marijuana plant are not required to be tested for residual solvents. If a nonprofit medical marijuana dispensary's test results for heavy metals comply with the prescribed requirements for a period of six consecutive months, heavy metal testing for that dispensary's marijuana and marijuana products is required only on a quarterly basis."
Page 3, between lines 34 and 35, insert:
"9. Must send all test results that do not comply with the prescribed requirements to the department."
Between lines 38 and 39, insert:
"I. The department shall adopt rules that prescribe reasonable time frames for testing marijuana and marijuana products.
Sec. 2. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 36-2804.01, Arizona Revised Statutes, is amended to read:
36-2804.01. Registration; nonprofit medical marijuana dispensary agents; independent third-party laboratory agents; requirements
A. A nonprofit medical marijuana dispensary agent or an independent third-party laboratory agent shall be registered with the department before volunteering or working at a nonprofit medical marijuana dispensary or an a certified independent third-party laboratory.
B. A nonprofit medical marijuana dispensary or a certified independent third-party laboratory may apply to the department for a registry identification card for a nonprofit medical marijuana dispensary agent or an independent third-party laboratory agent by submitting:
1. The name, address and date of birth of the prospective nonprofit medical marijuana dispensary agent or independent third-party laboratory agent.
2. A nonprofit medical marijuana dispensary agent or independent third-party laboratory agent application.
3. A statement signed by either:
(a) The prospective nonprofit medical marijuana dispensary agent pledging not to divert marijuana to anyone who is not allowed to possess marijuana pursuant to this chapter.
(b) The prospective independent third-party laboratory agent acknowledging that registered independent third-party laboratory agents are prohibited from diverting marijuana pursuant to this chapter.
4. The application fee.
C. A registered nonprofit medical marijuana dispensary or certified independent third-party laboratory shall notify the department within ten days after a nonprofit medical marijuana dispensary agent or independent third-party laboratory agent ceases to be employed by or volunteer at the registered nonprofit medical marijuana dispensary or certified independent third-party laboratory.
D. A person who has been convicted of an excluded felony offense may not be a nonprofit medical marijuana dispensary agent or an independent third-party laboratory agent. Notwithstanding any other provision of this chapter, if a prospective nonprofit medical marijuana dispensary agent or independent third-party laboratory agent holds a current level I fingerprint clearance card, the person is deemed to not have been convicted of an excluded felony offense.
E. The department may conduct a criminal records check in order to carry out this section.
F. Notwithstanding any other provision of this chapter, if a marijuana facility agent as defined in section 36-2850 is registered with the department pursuant to section 36-2855, the person may act in the capacity of a nonprofit medical marijuana dispensary agent or independent third-party laboratory agent without registering pursuant to this chapter.
Sec. 3. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 36-2816, Arizona Revised Statutes, is amended to read:
36-2816. Violations; classification; civil penalties
A. A registered qualifying patient may not directly, or through the patient's designated caregiver, obtain more than two and one-half ounces of marijuana from registered nonprofit medical marijuana dispensaries in any fourteen-day period.
B. A registered nonprofit medical marijuana dispensary or agent may not dispense, deliver or otherwise transfer marijuana to a person other than:
1. Another registered nonprofit medical marijuana dispensary.
2. A registered qualifying patient.
3. A registered qualifying patient's registered designated caregiver.
4. A certified independent third-party laboratory or an a registered independent third-party laboratory agent for purposes prescribed in sections 36-2803 and 36-2806 and department rule.
C. A registered nonprofit medical marijuana dispensary may not acquire usable marijuana or mature marijuana plants from any person other than another registered nonprofit medical marijuana dispensary, a registered qualifying patient or a registered designated caregiver. A knowing violation of this subsection is a class 2 felony.
D. It is a class 1 misdemeanor for any person, including an employee or official of the department or another state agency or local government, to breach the confidentiality of information obtained pursuant to this chapter.
E. Making false statements to a law enforcement official about any fact or circumstance relating to the medical use of marijuana to avoid arrest or prosecution is subject to a civil penalty of not more than $500, which shall be in addition to any other penalties that may apply for making a false statement or for the use of marijuana other than use undertaken pursuant to this chapter.
F. Subject to title 41, chapter 6, article 10, the director may deny, suspend or revoke, in whole or in part, any registration issued under this chapter if the registered party or an officer, agent or employee of the registered party is not in substantial compliance with the provisions of this chapter or any rule adopted pursuant to this chapter or if the nature or number of violations revealed by any type of inspection or investigation constitutes a threat, or direct risk, to the life, health or safety of a qualifying patient or the public.
G. In addition to any other penalties authorized by this chapter, the director may assess a civil penalty for violations of this chapter or any rule adopted pursuant to this chapter in an amount not to exceed $1,000 for each violation. Each day a violation occurs constitutes a separate violation. The maximum amount of any assessment is $5,000 for any thirty-day period.
H. The director shall issue a notice of assessment that includes the proposed amount of the assessment. In determining the amount of a civil penalty assessed against a person under subsection G of this section, the department shall consider all of the following:
1. Repeated violations of this chapter or the rules adopted pursuant to this chapter.
2. Patterns of noncompliance.
3. The types of violations.
4. The severity of the violations.
5. The potential for and occurrences of actual harm.
6. Threats to health and safety.
7. The number of violations.
8. The number of persons affected by the violations.
9. The length of time the violations have been occurring.
Sec. 4 Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 36-2821, Arizona Revised Statutes, is amended to read:
36-2821. Medical marijuana testing advisory council; membership; duties; report; council termination; definitions
A. The director shall establish a medical marijuana testing advisory council to assist and make recommendations to the director regarding administering and implementing this chapter. The director or the director's designee shall serve as the chairperson of the advisory council and shall appoint the following additional members to the council:
1. The president or executive director of a statewide nonprofit association representing the marijuana dispensaries, or the person's designee.
2. The president or executive director of a statewide nonprofit cannabis testing association, or the person's designee.
3. The president or executive director of a medical marijuana trade association that does not primarily consist of dispensaries or cannabis laboratory testing facility owners, or the person's designee.
4. A representative of a nonprofit medical marijuana dispensary who is employed by the dispensary to cultivate medical marijuana and who has at least three years of medical marijuana cultivation experience.
5. A representative of an Arizona-based nonprofit medical marijuana dispensary that produces medical marijuana concentrates and that has been regularly sending products for testing who has at least three years of medical marijuana extraction experience.
6. A representative of an Arizona-based nonprofit medical marijuana dispensary that is primarily focused in on producing medical marijuana edibles who has at least three years of medical marijuana edible production experience.
7. An owner of an Arizona-based cannabis testing laboratory.
8. A laboratory scientist who holds a doctorate or a bachelor of science degree and who has at least three years of experience in cannabis laboratory testing.
9. A registered qualifying patient.
10. A registered designated caregiver.
11. A representative of the department of public safety.
12. A licensed health care provider who specializes in treating substance use disorders and who has at least five years of experience.
13. Any other members deemed necessary by the director.
B. The medical marijuana testing advisory council shall make recommendations and consult with the director regarding:
1. Establishing a required testing program.
2. Testing and potency standards for medical marijuana.
3. Procedural requirements for collecting, storing and testing samples of medical marijuana.
4. Reporting results to patients and the department.
5. Remediation and disposal requirements for medical marijuana that fails to meet testing standards.
6. Additional items as necessary.
C. The advisory council shall annually review the medical marijuana testing program and, on or before the second Monday in January of each year, shall submit to the president of the senate, the speaker of the house of representatives, the health and human services committee chairpersons of the senate and the house of representatives and the department of health services a report that includes at least the following:
1. An assessment as to whether an analyte should be removed from the required statutory testing panel.
2. The number of notices of violations that were issued to nonprofit medical marijuana dispensaries, third-party independent laboratories, marijuana establishments and marijuana testing facilities in the preceding year.
C. D. Members of the advisory council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
D. E. The council established by pursuant to this section ends on July 1, 2027 pursuant to section 41-3103.
F. For the purposes of this section, "marijuana establishment" and "marijuana testing facility" have the same meanings prescribed in section 36-2850."
Renumber to conform
Page 5, strike lines 44 and 45
Page 6, strike lines 1 and 2
Line 18, strike "The maximum"
Strike line 19, insert "In"
Page 8, between lines 20 and 21, insert:
"Sec. 6. Rulemaking exemption; department of health services
Notwithstanding any other law, for the purposes of this act, the department of health services is exempt from the rulemaking requirements of title 41, chapters 6 and 6.1, Arizona Revised Statutes, for eighteen months after the effective date of this act."
Renumber to conform
Strike line 23, insert "this"
Line 24, strike ", are" insert "is"
Page 8, after line 25, insert:
"Sec. 8. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law."
Amend title to conform