ARIZONA HOUSE OF REPRESENTATIVES

SB 1286: medical marijuana; dispensary registration; priority

PRIME SPONSOR: Senator Gowan, LD 14

BILL STATUS: House Engrossed

Overview

Modifies the definition of marijuana as it relates to drug offenses (Title 13, Chapter 34).

History

Cannabis means the following substances under whatever names they may be designated:

a. The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin. Cannabis does not include oil or cake made from the seeds of such plant, any fiber, compound, manufacture, salt, derivative mixture or preparation of the mature stalks of such plant except the resin extracted from the stalks or any fiber, oil or cake or sterilized seed of such plant which is incapable of germination.

b. Every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol (THC).

Marijuana means all parts of any plant of the genus cannabis, from which the resin has not been extracted, whether growing or not, and the seeds of the plant. Marijuana does not include the mature stalks of the plant or the sterilized seed of such plant which is incapable of germination (A.R.S § 13-3401)

A.R.S. § 13-3405 outlines classifications for a person who knowingly possesses marijuana not for sale as follows:

a. Class 6 felony (1 year/up to $150,000 plus surcharges) for less than two pounds;

b. Class 5 felony (1.5 years/up to $150,000 plus surcharges) for at least two pounds but less than four pounds; and

c. Class 4 felony (2.5 years/up to $150,000 plus surcharges) for four pounds or more.

A person who knowingly possesses or uses a narcotic drug is guilty of a class 4 felony (A.R.S. § 13-3408).

Provisions

1. Redefines marijuana to include the definition of cannabis and mean:

a. All parts of any plant of the genus cannabis and the seeds of the plant;

b. The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds; and

c. Every compound, manufacture, salt, derivative, mixture or preparation of the resin or THC. (Sec. 3)

2. Specifies that marijuana includes plant material from which the resin has not been extracted. (Sec. 3)

3. Removes the definition of cannabis as it relates to drug offenses (Title 13, Chapter 34). (Sec. 3)

4. Removes cannabis from the definition of narcotic drugs. (Sec. 3)

5. Makes technical and conforming changes. (Sec. 1-6)

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9. Fifty-fourth Legislature                       SB 1286

10. First Regular Session                            Version 3: House Engrossed

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