Assigned to COMPS FOR
COMMITTEE
Assigned to COMPS FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
medical marijuana; packaging; labeling
Purpose
Prohibits nonprofit medical marijuana dispensaries (dispensaries) from acquiring, possessing, manufacturing or selling a marijuana product that is packaged or labeled in a way that is attractive to minors. Expands the list of medical conditions that qualify a person for a registry identification card (card). Contains requirements for enactment for initiatives and referenda (Proposition 105).
Background
In 2010, Arizona voters passed the Arizona Medical Marijuana Act, requiring the Arizona Department of Health Services (ADHS) to adopt and enforce a regulatory system for the distribution of marijuana that is cultivated for medical use, including a system for approving, renewing and revoking the registration of qualifying patients, designated caregivers, nonprofit dispensaries and dispensary agents (A.R.S. § Title 36, Chapter 28.1).
Qualifying patients with a written certification issued by their physician may apply for a card by providing information as outlined. A designated caregiver may also apply if agreeing to be the patient's caregiver and not diverting marijuana to anyone who is prohibited from possessing marijuana (A.R.S. § 36-2804.02). As of December 2017, ADHS reported 152,979 qualifying patients, 944 designated caregivers and 4,731 dispensary agents in the state (Arizona Medical Marijuana Program December 2017 Report).
Current law outlines 14 diseases and medical conditions that qualify a person for a card (A.R.S. § 36-2801). The public may petition ADHS to add debilitating medical conditions or treatments to the list of debilitating medical conditions outlined in statute. ADHS must consider petitions in the manner required by department rule, including public notice and hearing, and then approve or deny a petition within 180 days of its submission (A.R.S. § 36-2801.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits dispensaries from acquiring, possessing, manufacturing or selling a marijuana product that is packaged or labeled in a way that is attractive to minors.
2. Adds opioid abuse disorder to the list of debilitating medical conditions that qualify a person for a card.
3. Defines attractive to minors as packaging, labeling or marketing that features:
a) a cartoon;
b) a design, brand or name that resembles a non-cannabis consumer product that is typically marketed to minors;
c) a symbol or celebrity image that is commonly used to market products to minors;
d) an image of minors; or
e) words that refer to products that are commonly associated with minors or marketed by minors.
4. Makes technical and conforming changes.
5. Requires for enactment the affirmative vote of at least three-fourths of the members of each house of the Legislature (Proposition 105).
6. Becomes effective on January 1, 2019.
House Action
COM 2/13/18 DP 9-0-0-0
3rd Read 3/12/18 52-5-3
Prepared by Senate Research
March 15, 2018
GH/VR/lat