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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
medical marijuana; dispensary registration; priority
Purpose
Removes the definition of cannabis and redefines marijuana to include 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, its seeds, the resin or tetrahydrocannabinol.
Background
The Arizona Criminal Code defines cannabis as the resin extracted from any part of the plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin. Cannabis does not include oil or cake made from the seeds of the plant, any fiber, compound, manufacture, salt, derivative, mixture or preparation of the mature stalks of the plant, except for the resin extracted from the stalks or any fiber, oil or cake or the sterilized seed of the plant which is incapable of germination. Additionally, cannabis is included in the definition of a narcotic drug.
Marijuana is defined as all parts of any plant of the genus cannabis, from which the resin has not been extracted, whether grown or not, and the seeds of the plant. The mature stalks and the sterilized seed of the plant that are incapable of germination are not included in the definition of marijuana (A.R.S. § 13-3401).
A person who knowingly possesses or uses less than two pounds of marijuana is guilty of a class 6 felony. Possession or use of two to four pounds of marijuana is a class 5 felony and possession or use of more than 4 pounds of marijuana is a class 4 felony (A.R.S. § 13-3405). A person who knowingly possesses a narcotic drug, including cannabis, is guilty of a class 4 felony (A.R.S. § 13-3408).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Modifies the definition of marijuana in the Arizona Criminal Code to include:
a) 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
b) every compound, manufacture, salt, derivative, mixture or preparation of the resin or tetrahydrocannabinol.
2. Removes the definition of cannabis in the Arizona Criminal Code.
3. Removes cannabis from the definition of narcotic drugs in the Arizona Criminal Code.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Requires the Department of Health Services (DHS), if multiple applications are received for dispensary registration certificates in geographic areas that have had a dispensary move and are 25 miles away from another dispensary, to approve the application that serves the most qualifying patients within 5 miles of the proposed location.
2. Allows DHS, if multiple applications are received for dispensary registration certificates in geographic areas that are 25 miles from another dispensary, to issue the registration certificate by random drawing.
3. Adds a legislative intent clause.
Amendments Adopted by the House of Representatives
1. Modifies the definitions of cannabis, marijuana and narcotic drugs in the Arizona Criminal Code relating to drug offenses.
2. Makes technical and conforming changes.
House of Representatives Action
· Failed to meet requirements of an affirmative three-quarter vote for enactment (RFEIR) under Proposition 105 for the following provisions:
a) requires DHS to issue dispensary registration certificates by specified priority beginning April 1, 2020;
b) outlines requirements for a dispensary to transfer or assign the dispensary's registration certificate to another dispensary;
c) exempts DHS from rulemaking requirements for nine months after the effective date for rulemaking relating to priority approval of dispensary registration certificates;
d) prohibits a dispensary that is issued a registration certificate for a geographic area that has had a dispensary move from the geographic area or is 25 miles from another dispensary from relocating:
i. outside the same city or town, for dispensaries located in a city or town; or
ii. outside the same unincorporated area of a county and within 25 miles from another dispensary, for dispensaries located in unincorporated territory;
e) requires DHS, if multiple applications are received for dispensary registration certificates in geographic areas that have had a dispensary move and are located 25 miles from another dispensary, to approve the application that serves the most qualifying patients within 5 miles of the proposed location;
f) allows DHS to issue registration certificates by random drawing if certain conditions are met;
g) requires a dispensary that receives a registration certificate to open the dispensary within 18 months after the application is approved;
h) prohibits a dispensary from transferring or assigning the dispensary's registration certificate unless certain conditions are met; and
i) defines geographic area.
Senate Action House Action
HHS 2/20/19 DP 8-0-0 HHS 3/19/19 W/D
3rd Read 3/6/19 30-0-0 RA 3/25/19 DP 7-0-0-0
3rd Read 5/27/19 33-26-1
(W/O emergency; RFEIR – failed)
Prepared by Senate Research
May 27, 2019
MH/kja