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REFERENCE TITLE: hemp-derived impairing cannabinoids; regulation |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SB 1453 |
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Introduced by Senator Shope
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An Act
amending title 36, Arizona Revised Statutes, by adding chapter 28.3; relating to hemp-derived manufactured impairing cannabinoids.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, title 36, Arizona Revised Statutes, is amended by adding chapter 28.3, to read:
CHAPTER 28.3
HEMP-DERIVED MANUFACTURED IMPAIRING CANNABINOIDS
ARTICLE 1. GENERAL PROVISIONS
36-2881. Definitions
In this chapter, unless the context otherwise requires:
1. "Department" means the department of health services.
2. "Director" means the director of the department.
3. "Hemp-derived manufactured impairing cannabinoids:
(a) Means any cannabinoid that is derived from the plant of the genus cannabis or any part of the plant and that is altered by a chemical reaction that changes the molecular structure of any natural cannabinoid derived from hemp to another cannabinoid with impairing properties that is found naturally in hemp.
(b) Includes all of the following:
(i) Delta-8 tetrahydrocannabinol.
(ii) Delta-9 tetrahydrocannabinol over 0.3% on a dry-weight basis, including any product made to be ingested.
(iii) Delta-10 tetrahydrocannabinol.
(iv) Hexahydrocannabinol.
(v) Tetrahydrocannabiphorol.
(vi) tetrahydrocannabinol acetate ester.
(vii) Tetrahydrocannabioctyl.
(viii) Tetrahydrocannabihexol.
(ix) Tetrahydrocannabinolic acid.
(x) Tetrahydrocannabutol.
(xi) Cannabinoid that is derived from hemp and altered by a chemical reaction that changes the molecular structure of any natural cannabinoid derived from hemp to another cannabinoid with impairing properties with a substantially similar molecular structure to any cannabinoid that is found naturally in hemp.
(c) Does not include any cannabinoid derived from hemp that is produced by decarboxylation from naturally occurring cannabinoid without the use of a chemical catalyst or nonintoxicating cannabinoids derived from hemp, including cannabidiol, cannabinol, cannabigerol, cannabichromene, cannabicyclol, cannabidivarin, cannabivarin and tetrahydrocannabivarin.
4. "marijuana establishment" has the same meaning prescribed in section 36-2850.
5. "Nonprofit medical marijuana dispensary" has the same meaning prescribed in section 36-2801.
6. "sale" INCLUDES IN-PERSON SALES OR ONLINE SALES TO PERSONS IN THIS STATE.
36-2882. Hemp-derived manufactured impairing cannabinoids; prohibition; regulation; rules
A. A person may not process, prepare, produce, manufacture, distribute, sell or expose for sale in this state hemp-derived manufactured impairing cannabinoids without a nonprofit medical marijuana dispensary registration certificate issued pursuant to chapter 28.1 of this title or a marijuana establishment license issued pursuant to chapter 28.2 of this title and without approval by the department to convert cannabidiol to tetrahydrocannabinol or an isomer with a substantially similar molecular structure with the use of a chemical catalyst.
B. Hemp-derived manufactured impairing cannabinoids that are processed, prepared, produced or manufactured by either a nonprofit medical marijuana dispensary or marijuana establishment with the department's approval in this state may not be distributed, sold or exposed to be sold outside of this state.
C. A hemp processor that is licensed pursuant to title 3, chapter 2, article 4.1 may not possess, process, produce or manufacture hemp-derived manufactured impairing cannabinoids.
D. A nonprofit medical marijuana dispensary or a marijuana establishment may not acquire, cultivate, possess, manufacture, deliver, process, transfer, transport, supply, use, sell or dispense hemp-derived manufactured impairing cannabinoids without the department's approval.
E. A nonprofit medical marijuana dispensary or a marijuana establishment may not advertise or represent hemp-derived manufactured impairing cannabinoid products, directly or indirectly, as a marijuana product.
F. The department shall regulate hemp-derived manufactured impairing cannabinoids in the interest of public health and safety. The department shall adopt rules for nonprofit medical marijuana dispensaries and marijuana establishments governing the processing, manufacturing and sale of hemp-derived manufactured impairing cannabinoids that include, at a minimum, all of the following:
1. Approving nonprofit medical marijuana dispensaries and marijuana establishments to convert cannabidiol to any tetrahydrocannabinol or an isomer with a substantially similar molecular structure with the use of a chemical catalyst.
2. Specifying the authorized methods of processing hemp-derived manufactured impairing cannabinoids by converting cannabidiol to any tetrahydrocannabinol or an isomer with a substantially similar molecular structure with the use of a chemical catalyst.
3. Labeling requirements for a hemp-derived product to inform and protect consumers, which at minimum shall include the following language: "this product is not marijuana. This product was derived from low-THC hemp and contains manufactured impairing cannabinoids. The THC in this product was converted from cannabidiol with the use of a chemical catalyst."
4. Warning requirements regarding health risks, including conspicuous notices in nonprofit medical marijuana dispensaries and marijuana establishments that process or sell hemp-derived manufactured impairing cannabinoids.
5. Additional testing requirements for hemp-derived manufactured impairing cannabinoids for potential analytes and other contaminants resulting from the conversion of cannabidiol to tetrahydrocannabinol or an isomer with a substantially similar molecular structure with the use of a chemical catalyst that account for the processing method.
36-2883. Violations; classification
A. A person that violates this article is guilty of a class 2 misdemeanor.
B. In addition to and distinct from any other remedy at law or equity, a person aggrieved by a violation of this article may bring a private cause of action in a court of competent jurisdiction for damages resulting from that violation, including economic, noneconomic or consequential damages.
36-2884. Medical marijuana fund; smart and safe Arizona fund; use
A. The department may use monies in the medical marijuana fund established by section 36-2817 and the smart and safe Arizona fund established by section 36-2856 to implement and regulate hemp-derived manufactured impairing cannabinoids.
B. The department shall allocate monies that the department receives pursuant to section 36-2856, subsection B, paragraph 2 to the poison and drug information center for the purpose of supporting health care providers and providing health and safety education relating to hemp-derived manufactured impairing cannabinoids and marijuana.
C. The attorney general may use monies transferred from the smart and safe Arizona fund pursuant to section 36-2856, subsection D, paragraph 5 to investigate and take action as prescribed in this article or title 44, chapter 10, article 7 relating to the sale, marketing and distribution of hemp-derived manufactured impairing cannabinoids.
Sec. 2. Exemption from rulemaking
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 thirty-six months after the effective date of this act.
Sec. 3. Requirements for enactment; three-fourths vote
Pursuant to article IV, part 1, section 1, Constitution of Arizona, title 36, chapter 28.3, Arizona Revised Statutes, as added by this act, is effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.