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REFERENCE TITLE: marijuana; conviction exclusion; cultivation |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HCR 2037 |
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Introduced by Representative Rivero
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A CONCURRENT RESOLUTION
Enacting and ordering the submission to the people of a measure relating to marijuana.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to marijuana, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
Amending title 36, chapter 28.2, Arizona Revised Statutes, by adding sections 36-2870, 36-2871, 36-2872, 36-2873 and 36-2874; relating to marijuana.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 28.2, Arizona Revised Statutes, is amended by adding sections 36-2870, 36-2871, 36-2872, 36-2873 and 36-2874, to read:
36-2870. Licensing eligibility; violent crime conviction; exclusion; definition
A. An individual may not serve as a principal officer, board member or controlling person of a marijuana establishment, marijuana testing facility or dual licensee if the individual has been convicted of a violent crime as defined in section 13-901.03.
B. The department shall deny, suspend or revoke a license issued under this chapter for failure to comply with the requirements of this section.
C. For the purposes of this section, "convicted" includes a judgment of conviction, a finding of guilt, an accepted plea of guilty or no contest or participation in a deferred adjudication or first-offender program.
36-2871. Cultivation; canopy size; allocation; pooling agreements; applicability; rules
A. Each marijuana establishment license and nonprofit medical marijuana dispensary registration certificate is assigned a base cultivation canopy of fifteen thousand square feet. A dual licensee is assigned a combined canopy of thirty thousand square feet.
B. A licensee may allocate its canopy across one or more registered cultivation facilities. The total square footage of a canopy pursuant to this section may not exceed the assigned allocation.
C. Two or more licensees may pool canopy allocations pursuant to a written agreement filed with and approved by the department. Each participating licensee remains jointly responsible for compliance.
D. This section applies only to commercial cultivation and does not affect any personal or caregiver cultivation authorized by law.
E. The department shall adopt rules governing canopy measurements, reporting and inspections and canopy pooling agreements.
36-2872. Residual solvents; limits
Beginning eighteen months after the effective date of this section:
1. Marijuana products that are produced using solvent-based extraction may not exceed the following residual solvent limits:
(a) Butane, propane, acetone, ethanol, isopropanol, pentane, heptane, five hundred parts per million.
(b) Hexane, two hundred ninety parts per million.
(c) Total combined class-3 solvents, one thousand parts per million.
2. Marijuana products that do not comply with the requirements of paragraph 1 of this section may not be sold and must be remediated or destroyed.
36-2873. Interstate commerce; prohibition; seed-to-sale tracking system; license revocation or suspension
A. Marijuana that is cultivated, manufactured or sold in this state shall remain within this state unless federal law expressly authorizes interstate commerce.
B. The department shall maintain a seed-to-sale tracking system capable of diversion detection and long-term records retention.
C. A violation of this section is grounds for the suspension or revocation of a marijuana establishment license.
36-2874. Participation in federal registration; regulatory framework; sharing information
A. The department shall establish a regulatory framework designed to prepare licensees for participation in any federal registration or oversight system applicable to marijuana as a schedule III controlled substance.
B. The department may share licensing and compliance information with federal agencies for regulatory coordination, diversion prevention or licensee verification.
C. Participation in any federal registration program is voluntary unless required by federal law.
D. This section does not authorize interstate commerce or require the state to enforce federal law.
Sec. 2. Short title
This act may be cited as the "Arizona Marijuana Alignment and Public Safety Act".
Sec. 3. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.